( >rKaiiizati<iu  of  Di'iiartnifUt  of  CoinniLTcL'  ami  Labor 


EXECUTIVE   OFFICES   OF   THE    DEPARTMENT   OF   COMMERCE   AND    LABOR 


U-Si 


ORUANIZATION 

AND 

LAW    O^^S 


OF  THE  SL       /  .    Y»»   •< 


ICE  AND  UBOll 


rREPARED 


UNDER  THE  DIRECTION  OV  THE  SECRETARY 


WASHINGTON 

GOVERNMENT   PRINTING    OFFICE 


Department  of  Commence  and  Lahok 
Document  Nq.  13 

OFFICE    OF    THE    SECRETARY 


LETTER  OF  TRANSMITTAL 


DErARTMENT   OF   COMMERCE   AND   LaBOR, 

Waxhington,  D.  C,  NovenJ>er  17,  1903. 

Sir:  In  tran,siuittiii_i>-  to  3-011  for  publication  the  Organization  and 
Law  of  tho  Department  of  Commerce  and  Labor,  prepared  under  your 
direction,  it  may  ])e  stated  that  chapter  1,  Origin  of  the  Department 
of  Connnerce  and  Labor,  comprises  facts  gathered,  in  the  main, 
directly  from  an  examination  of  the  annals  of  the  Congresses,  from 
the  tirstone  under  the  Constitution  down  to  the  present  time — the  only 
source  whence  much  of  the  histor}-  here  given  could  be  drawn.  The 
history  and  functions  of  the  older  offices  of  the  Department,  some  of 
which  date  from  the  first  year  of  the  Government,  are  given  in  con- 
densed form.  The  histor}^  of  the  enactment  of  the  organic  law  of  the 
Department,  chapter  16,  gives  fully  the  proceedings  of  Congress  from 
the  introduction  of  the  bill  until  its  approval  by  the  President,  and  has 
been  edited  only  to  the  extent  of  eliminating  repetitions  and  irrelevant 
matter.  It  is  interesting  to  note  the  contents  of  the  bill  at  different 
stages  of  its  passage,  as  given  on  pages  -119,  544,  625,  638,  and  tinally 
on  page  25. 

All  the  law",  the  administration  of  which  is  vested  in  the  Secretary 
of  Commerce  and  Labor,  given  in  this  volume,  is  made  up  of  w^hat 
has  been  in  the  inmiediate  past  a  rule  of  action  for  three  of  the  older 
Executive  Departments — Department  of  State,  Department  of  the 
Treasury,  and  Department  of  the  Interior — and  two  independent 
offices — the  Fish  Commission  and  the  Department  of  Labor,  now 
known  respectively  as  the  Bureau  of  Fisheries  and  the  Bureau  of 
Labor — taken  in  conjunction  with  the  acts  of  February  14  and  March 
3,  1903.  The  acts  last  mentioned  effected  the  transfer  to  the  new 
Department  of  these  established  governmental  agencies  on  ZvXy  1, 1903, 
and  provided  for  the  organization  of  the  Bureau  of  Corporations  and 
the  Bureau  of  Manufactures. 

The  provisions  of  law  relating  to  the  various  ])ranches  of  the  Depart- 
ment have  been  sul)mitted  to  the  several  officers  in  charge  for  veritica- 
tion,  and  the  entire  work  has  been  carefully  reviewed  by  Hon.  Herbert 
Knox  Smith,  Deputy  Commissioner  of  Corporations,  while  acting  as 
Solicitor  of  the  Department,  and  by  Mr.  Frank  H.  Hitchcock,  chief 
clerk  of  the  Department. 

Respectfully,  Clair  Richards  Hillyer, 

Law  Clerk. 

Hon.  Geo.  B.  (yOiiTELYOu, 

Secretary  of  Connnerce  and  Lahor. 

3 


CONTENTS 


Page. 

T.  Oriojin  (>f  tho  Department  of  Comniorce  ami  l>al><)r 7 

r>il)li(i.<j:rai)liy  of  lei^islativo  jiroceodinj^'s l.H 

II.  (>r<iaiuzatiou  of  tlie  Department  of  Conunerce  and  Labor: 

Orujanization 22 

Or<janic  law 25 

III.   Fur-Seal  and  Salmon  Fi^lieries  of  Alaska: 

History <55 

Law '^^ 

'    IV.  Bureau  of  Corporations,  la w  < if 49 

V.   l'>nreau  of  ^Manufactures,  law  of 59 

VI.   Bureau  of  Labor: 

History <>0 

Law - t^l 

VII.   Litjlit-House  Board: 

History 65 

Law -■ 66 

VIII.  Bureau  of  the  Census: 

Historv 78 

Law  .\ 81 

IX.  Coast  and  Geodetic  Survey: 

Historv ^7 

Law  .' 99 

X.   Bureau  of  Statistics  (includinii  oM  Bureau  of  Foreign  Connuerce): 

Historv 103 

Law.l 106 

XI.  Steamboat-Inspection  Service: 

Historv 11-1 

Law.; 115 

XII.  Bureau  of  Fisheries: 

History ' 149 

Law 151 

XIII.  Bureau  of  Navigation: 

History 154 

Law — 

Parti 156 

Part  2 246 

XIV.  Bureau  of  Immigration: 

Historv 381 

Law "^- 

XV.   Bureau  of  Standards: 

Historv 413 

Law.: 416 

XVL  Legislative  history  of  Senate  bill  569,  establishing  Department  of  Com- 
merce and  Labor: 

Part  ] .  Proceedings  in  the  Senate 419 

Part  2.  Proceedings  in  the  House  of  Representatives 5:>1 

Part  3.  Adoption  of  conference  report 637 

Indexes 659,  709,  713 

5 


ILLUSTRATIONS 


Facing  page 

Executive  offices  of  the  Department  of  Commerce  and  Lalior 1 

Temporary  office  of  the  Secretary,  White  House,  February  18  to  March  15, 1903.  7 

Temporary  offices,  Builders'  Exchange  Building,  March  16  to  June  16, 1903..  12 

Temporary  office  of  the  Secretary,  Builders'  Exchange  Building 22 

Temporary  office  of  the  Chief  Clerk,  Builders'  Exchange  Building 24 

Temporary  office  of  the  Disbursing  Clerk,  Builders'  Elxchange  Building 32 

Temporary  quarters   of    the    Bureau   of    Corporations,    Builders'    Exchange 

Building 49 

Building  occupied  l)y  the  Bureau  of  Lal)or 60 

Building  occupied  by  the  Light-House  Board,  the  Bureau  of  Navigation,  and 

the  Steamboat  Inspection  Service 65 

Bureau  of  the  Census 78 

Coast  and  Geodetic  Survey 97 

Building  occupied  by  the  Bureau  of  Statistics _ 103 

Bureau  of  Fisheries 149 

Bureau  of  Standards 413 

6 


CHAPTER  T 

ORIGIN  OF  THE  DEPARTMENT  OF  COMMERCE  AND  LABOR 


The  preamble  to  the  Constitution  laj'S  down  broadly  two  great  aims 
of  o-ovornmont — (1)  the  defense  of  the  life,  liberty,  and  property  of  the 
citizen,  and  (2)  the  promotion  of  his  general  welfare. 

In  the  year  following-  the  adoption  of  the  Constitution,  three  of  the 
executive  branches  of  (iovernment,  with  Secretaries,  were  established: 
First,  the  Department  of  Foreign  Aftairs,  b}-  act  approved  July  27, 
1789  (name  changed  to  Department  of  State  by  act  approved  Septem- 
ber 15,  of  thet^ameyear);  second,  the  War  Department,  created  by  the 
act  of  August  7,  1789  (then  embracing  naval  affairs);  and  third,  the 
Treasury  Department,  established  b}^  act  of  September  2,  1789.  From 
its  beginning  the  Treasury  Department  has  been  the  principal  agenc}^ 
of  government  through  which  a  limited  supervision  of  the  commercial 
and  industrial  life  of  the  nation  has  been  administered,  and  the  desig- 
nation sought  to  be  given  its  chief  officer  in  the  constitutional  conven- 
vention  was  that  of  "Secretar}^  of  Commerce  and  Finance.''" 

The  record  of  events,  from  the  close  of  the  Revolution  to  the  consti- 
tutional convention  at  Philadelphia  in  1787,  shows  that  the  desire  to 
foster  the  commerce  and  trade  of  the  States  was  the  paramount  and 
controlling  argument  which  made  the  Union  possible. 

The  constitutional  convention  of  the  thirteen  States  was  the  direct 
outcome  of  the  Annapolis  convention  of  ffve  States,  and  this  conven- 
tion, in  turn,  was  born  of  the  Mount  Vernon  convention  of  delegates 
from  the  States  of  Virginia  and  Maryland,  assembled  to  adjust  and 
promote  conunerce  and  trade  between  these  two  States.  The  commis- 
sioners from  Virginia  and  Maryland  met  at  Alexandria,  in  the  former 
State,  in  the  spring  of  1785,  but  General  Washington  extended  to 
them  the  hospitality  of  his  home,  which  the}'  accepted,  and  the  dele- 
gates— all  prominent  men  of  their  day,  and  friends  of  Washington — 
conducted  their  deli])erations  at  Mount  Vernon,  aided,  no  doubt,  by 
the  counsel  of  their  host,  whose  interest  in  and  knowledge  of  the 
subject  under  discussion  had  long  been  manifest,  and^vho,  two  3'ears 
later,  presided  at  the  constitutional  convention  at  Philadelphia.  The 
sole  subject  of  this  meeting  at  the  home  of  Washington  was  the  com- 
merce and  trade  between  the  two  States;  but  in  reality,  these  men 

"Documentary  Historv  of  the  Constitution. 


8        OEiGIN.  OF    Tp[E   ."DEPABtTMENT    OF    COMMEECE    AND    LABOB 

were  enacting  the  prologue  to  what  was  to  be  in  fact  an  indissokible 
Union. 

The  Mount  Vernon  convention  recommended  that  representatives 
be  appointed  aniuiall}"  to  confer  on  the  connnercial  and  trade  relations 
of  the  States.  In  considering  this  report,  Mar3dand  passed  a  resolu- 
tion inviting  Pennsylvania  and  Delaware  to  join  in  these  annual  con- 
ventions; while  in  the  Virginia  assembl}"  Madison  penned  a  resolution 
appointing  commissioners  to  meet  such  as  should  be  delegated  by 
the  other  St'dtes  "to  take  into  consideration  the  trade  of  the  United 
States,"  and  "to  consider  how  far  a  uniform  sj^stem  in  their  com- 
mercial regulations  may  be  necessary  to  their  common  interest  and 
permanent  harmony."" 

The  immediate  result  of  the  conference  on  trade  and  commerce  held 
at  Mount  Vernon  was  that  in  the  following  year,  1786,  commissioners 
from  five  of  the  thirteen  States  assembled  by  appointment  at  Annap- 
olis, "to  take  into  consideration  the  trade  and  commerce  of  the 
United  States."  In  this  convention,  Hamilton  drew  up  an  address, 
which  Madison  and  Randolph  signed  with  him,  recommending  a  gen- 
eral meeting  of  the  States  in  a  future  convention,  and  an  extension  of 
the  powers  of  their  delegates  to  other  objects  than  those  of  commerce, 
as  in  the  course  of  their  reflections  on  the  subject,  they  had  been 
"induced  to  think  that  the  power  to  regulate  Trade  is  of  such  com- 
prehensive extent  and  will  enter  so  far  into  the  General  System  of  the 
Foederal  Government,  that  to  give  it  efficac3%  and  to  obviate  questions 
and  doubts  concerning  its  precise  nature  and  limits,  may  require,, ^-j. 
correspondent  adjustment  of  other  Parts  of  the  Foederal  System. "*J^ 

In  the  constitutional  convention,  August  20,  1787,  Mr.  Gouverneur 
Morris,  seconded  by  Mr.  Pinckney,  submitted  a  proposal  that  there 
should  be  a  council  of  state  to  "assist  the  President  in  conducting  the 
public  affairs,"  the  third  member  of  this  council  to  be  a  "Secretary  of 
Commerce  and  Finance,"  whose  duties  were  in  part  to  "recommend 
such  things  as  may  in  his  judgment  promote  the  commercial  interests 
of  the  United  States."  This  plan  also  provided  for  a  Secretary  of 
Domestic  Affairs  to  have  supervision  of  agriculture,  manufactures, 
roads,  and  navigation.'^  The  Constitution,  as  adopted,  makes  no  pro- 
vision for  a  cabinet  or  council  of  state,  but  President  Washington 
immediatel}^  invited  the  Secretaries  of  the  three  Departments  first 
mentioned,  and  the  Attorney-General,  appointed  under  the  act  of  Sep- 
tember 21:,  1789,  to  become  members  of  his  oihcial  family.  The  Depart- 
ment of  Justice  was  established  by  the  act  approved  June  22,  1870. 

During  the  period  between  the  close  of  the  Federal  convention  and 
the  ratification  of  the  Constitution,  Alexander  Hamilton,  writing  on 
the  subject  of  commerce,  says: 

"The  importance  of  the  Union,  in  a  commercial  light,  is  one  of 

«  Pennsylvania  Magazine  of  History  and  Biography. 
b  Documentary  History  of  the  Constitution. 


ORIGIN    OF   THE    DEPARTMENT    OF    COMMERCE    AND    LAHOR       \) 

those  points  !il)out  which  thore  is  least  room  to  cntcrtiiin  u  clillcrcncc 
of  opinion,  and  which  has,  in  fact,  connnandcd  the  most  "cncral  assent 
of  nuMi  who  have  any  ac(iuaintanee  with  the  subject.  Tiiis  applies  as 
well  to  our  intercourse  with  foreig'ii  countries  as  with  each  other."" 

In  1788,  the  same  year  in  which  the  above  was  written  by  Hamilton, 
Commodore  John  Paul  Jones,  in  a  letter  to  the  Marquise  de  Lafayette 
concerning  the  Constitution,  stated: 

•■'Had  I  the  power  I  would  create  at  least  seven  ministries  in  the 
primary  org-anization  of  government  under  the  Constitution.  In 
addition  to  the  four  alread}^  agreed  upon,  1  would  ordain  a  Ministrj^ 
of  Marine,  a  Ministry  of  Home  Attairs,  and  a  General  Post  Office;  and, 
as  commerce  nuist  be  our  great  reliance,  it  would  not  l)e  amiss  to  create 
also  as  the  eighth  a  Ministry  of  Connnerce.''^'  The  remarkable  fore- 
sight of  the  great  commodore  enabled  him  to  name  the  Cabinet  as  it 
is  to-day,  practically  in  the  order  in  which  it  gi'ew,  agriculture  l)eing 
included  b}-  him  in  the  Interior  (Home)  Department  where  it  actually 
was  for  a  time. 

"When  the  Constitution  had  been  ratified  by  eleven  States,  and  the 
Congress,  under  its  authority  to  ''regulate  commerce  with  foreign 
nations  and  among  the  several  States,"  proceeded  solemnly  to  treat  the 
commerce  and  manufactures  of  the  two  remaining  States  in  the  same 
manner  as  those  of  any  foreign  countr}',  it  was  from  a  sense  of  their 
commercial  interests  that  they  hastened  to  enroll  themselves  with  their 
sister  Commonwealths,  altliough  one  of  these  two  States  had  not  even 

rticipated  in  the  convention. 

""hus,  not  only  were  the  commercial  and  industrial  interests  of  the 
States  an  important  and  controlling  inHuence  in  ])ringing  them  into 
the  Federal  convention,  but  a  realization  of  the  commercial  advantages 
of  the  Union  induced  the  States  to  ratify  the  Constitution. 

We  find  in  the  first  annual  address  to  the  Congress  of  an  American 
President,  General  Washington,  the  following  words:  '-The  advance- 
ment of  agriculture,  commerce,  and  manufactures  b}^  all  proper  means 
will  not,  I  trust,  need  recommendation."  The  first  Secretar}^  of  the 
Treasur}',  Alexander  Hamilton,  gave  special  consideration  to  the 
commerce  and  industries  of  the  country,  and  his  special  reports  on 
these  subjects,  in  which  he  reconunended  that  a  board  be  established 
for  promoting  arts,  agriculture,  manufactures,  and  commerce,  demon- 
strate that  he  considered  this  function  of  the  Treasur}^  Department 
one  of  primary  importance. 

Hastened  b}-  impending  war  with  France,  the  act  of  April  30,  1798, 
was  passed,  establishing  the  Navy  Department,  and  its  Secretary 
became  the  fifth  member  of  the  Cabinet.  In  182!*  the  Postmaster- 
General  entered  the  Cabinet  for  the  first  time,  on  the  invitation  of 
President  Jackson,  though  this  office  had  l)een  in  existence  since  the 

«  Federalist.  f>  Original  manuscript  in  archives  of  Congressional  Library. 


10       ORKUlSr    OF    THE    DEPARTMENT    OF    COMMERCE    AND    LABOR 

act  of  September  i}2,  1789.  The  Cxeiicral  Fost-Office  was  constituted 
the  Post-Office  Department  by  the  act  approved  June  8,  18T2. 

The  discussions  in  the  earl}"  Cono-resses  looking  toward  the  estab- 
lishment of  another  Executive  Department  centered  around  what  was 
termed  a  "•Home  Department,"  and  the  then  important  work  of  o-ov- 
ernment  in  connection  with  land  and  Indian  affairs  formed  the  nucleus 
from  which  was  established,  in  1819,  under  the  act  of  March  3  of  that 
year,  the  Department  of  the  Interior,  whose  Secretary  liecame  the 
seventh  Cabinet  member.  As  the  business  interests  of  the  country 
entered  largely  into  the  provisions  of  the  various  measures  antici- 
pating- the  Interior  Department,  it  may  he  well  to  notice  some  of 
these  reports:  In  a  bill  to  estal)lish  a  Home  Department,  introduced 
b}^  Representative  Vining,  of  Delawal'e,  in  the  First  Congress,  July 
23,  1789,  the  duties  of  the  proposed  Department  were,  in  part,  "to 
report  to  the  Fresident  plans  for  the  protection  and  improvement 
of  manufactures,  agriculture,  and  commerce.''  The  outcome  of  this 
movement  was  the  change  in  name  of  Department  of  Foreign  Affairs 
to  Department  of  State,  above  noted,  and  the  giving  of  duties  to  the 
State  Department  not  comportable  with  the  original  name. 

Fresident  Madison's  message  of  December  3,  1816,  recommended 
the  establishment  of  "an  additional  Department  in  the  executive 
branch  of  the  Government ;"  and  the  Senate  committee  to  which  this 
recommendation  was  referred  reported  a  bill  to  establish  a  Home 
Department  to  have  charge  of  such  subjects  as  the  Fresident  might 
direct.  In  1825,  the  subject  was  again  revived  and  Representative 
Newton  offered  a  resolution  that  a  Department  to  be  denominated  "The 
Home  Department  should  be  estaljlished  for  the  purpose  of  superin- 
tending whatever  may  relate  to  the  interests  of  agriculture  and  manu- 
factures, the  promotion  of  the  progress  of  science  and  the  arts,  the 
intercourse  and  trade  between  the  several  States  by  roads  and  canals." 
This  resolution  was  not  agreed  to. 

In  his  message  of  Decem))er  6,  1825,  Fresident  John  Quinc}^  Adams 
recommended  a  reorganization  of  the  Executive  Departments,  and  the 
committee  of  the  House  of  Representatives  to  which  this  matter  was 
referred,  by  its  chairman,  Daniel  Webster,  reported  a  bill  to  establish 
a  new  Department.  The  report  stated  that  "at  the  organization  of 
the  Government,  it  appears  to  have  been  the  original  design  in  regard 
to  the  Executive  Departments,  that  there  should  be  a  distinct  and 
separate  Department  for  such  internal  or  domestic  affairs  as  appertain 
to  the  General  Government." 

On  December  15,  1836,  the  resolution  of  Mr.  Benton,  of  Missouri, 
that  "the  annual  statement  of  the  commerce  and  navigation  of  the 
United  States  be  hereafter  printed  under  the  direction  of  the  Secretary 
of  the  Treasury,  and  be  comnuuiicatcd  in  printed  form  as  soon  as  pos- 
sible after  the  conmiencing  of  each  stated  session  of  Congress,"  was 
adopted  bj^  the  Senatb. 


OKIGIN    OF   THE    DEPARTMENT    OF    COMMERCE    AND    LABOR     11 

Notwitlistaiuliiin'  the  discussions  leading-  up  to  tlic  cstablisliinciit  of 
tlio  Popart nuMit  of  tiio  Interior,  vory  few  ot"  tlu^  conuuoi-cial  and 
industrial  a<;eni'ios  of  Cirovcrnniont  were  put  under  the  control  of  that 
Department,  mo.st  of  them  remaining-  under  the  jurisdiction  of  the 
Secretary  of  the  '["'nnisury. 

The  movement  for  the  creation  of  an  additional  Executive  Depart- 
ment, followiuo'  the  establishment  of  the  Interior  Department,  took 
many  and  varied  ])hases.  The  nanu^s  proposcnl  in  tiie  different  ])ills 
to  establish  a  new  Department  indicate  tludr  provisions.  These  names 
included  the  foUowino-  titles,  g-rouped  together  in  various  wa3^s:  Agri- 
culture, Commerce,  Labor,  Industries,  ^Manufactures,  Patents,  Min- 
ing", Navigation,  Transportation,  and  Mechanics.  (See  end  of  chapter 
for  proposed  legislation.) 

The  first  industries  of  the  country  to  be  accorded  an  Executive 
Department  by  the  Congress  vs^ere  those  of  agriculture,  when  the  De- 
partment of  Agriculture,  established  by  act  of  May  15,  1862,  was  con- 
stituted an  Executive  Department,  with  a  Secretary  of  Agriculture 
(eighth  member  of  the  Cabinet),  by  the  act  of  Februarv  0,  1889.  The 
labor  interests  received  recognition  in  the  establishment  of  the  Bureau 
of  Labor  under  the  act  of  Congress  approved  June  27,  1884;  this 
Bureau  was  constituted  the  Department  of  Labor  and  the  Commissioner 
of  Labor  was  continued  in  charge,  by  act  of  Congress  approved  June 
13,  1888.  The  commercial  and  manufacturing  interests  of  the  coun- 
try, as  far  as  Governmental  supervision  and  cooperation  were  con- 
cerned, were  left  to  offices  distributed  among  the  several  Departments. 
The  business  of  Government  increased  in  volume  as  the  country  grew 
in  age,  and  during  the  last  half  of  the  nineteenth  century  the  work  of 
the  fiscal  branch  of  the  Treasury  so  a])sorbed  the  attention  of  the  head 
of  that  Department  that  his  supervision  of  commercial  matters  had 
lost  the  importance  it  had  ^enjoj^ed  under  the  first  Secretar}'  of  the 
Treasury. 

Connnercial  conventions  at  Detroit  in  18(35,  and  at  Boston  in  1868, 
and  the  National  Board  of  Trade  in  1871,  memorialized  the  Congress 
for  the  establishment  of  a  Department  of  Commerce,  in  order  that  the 
rapidly  increasing  volume  of  capital  invested  in  commerce  and  manu- 
factures might  be  the  sul)ject  of  Govermnental  aid  and  supervision; 
many  similar  petitions  have  been  presented  to  the  Congress,  and  the 
subject  has  been  referred  to  in  the  more  recent  political  platforms  and 
annual  messages  of  the  President.  These  petitions,  and  the  repre- 
sentatives of  connnercial  organizations  before  the  committees  of  Con- 
gress, stated  that  the  United  States  was  a  distinctly  commercial  and 
industrial  nation;  that  the  Twelfth  ('ensus  showed  the  aggregate  value 
of  the  products  of  the  manufacturing  establishments  of  the  United 
States,  during  the  census  year  ending  June  1,  1900,  to  exceed  thirteen 
billion  dollars,  which  is  prol)al>ly  nearl\'  four  times  the  aggregate  value 
of  all  the  products  of  agriculture  during  the  same  year;  that  the  same 


12  OEIGIN  OF  THE  DEPARTMENT  OF  COMMERCE  AND  LABOR 

arguments  advanced  for  the  creation  of  the  Department  of  Agricul- 
ture were  applical)le  to  one  for  the  commercial  and  industrial  life  of 
the  countr}^;  that  the  manufacturing  interests  in  the  United  States 
exceeded  in  volume  and  importance  the  industrial  interests  of  any 
nation  in  the  world,  and  yet  there  was  no  Govermuent  office  speciall}^ 
charged  with  any  duties  relating  directly  to  them,  and  that  in  this 
respect  the  United  States  was  almost  alone  among  the  nations  of  the 
world;  that  agriculture,  labor,  transportation,  mining,  fisheries,  and 
forestr}"  all  had  distinct  recognition  in  one  form  or  another,  but  not 
so  with  the  manufacturing  interests. 

The  country's  need  for  a  Department  of  Commerce  and  Labor,  which 
had  become  national  in  scope  in  1874:,  was  forced  to  give  way  tempo- 
rarily in  order  that  all  the  energj'  of  the  connnerce  committees  of  Con- 
gress might  be  centered  upon  the  eradication  of  the  transportation  evil 
of  rebates.  This  resulted  in  the  establishment  of  the  Interstate  Com 
merce  Commission  in  1887. 

The  movement  for  the  establishment  of  the  new  department  gathered 
headway  until,  during  the  tirst  session  of  the  Fift3^-seventh  Congress, 
Senate  bill  No.  569  was  introduced  to  establish  a  Department  of  Com- 
merce [and  Labor].  This  measure,  after  earnest  discussion,  passed  the 
Senate  with  little  or  no  opposition,  and  passed  the  House  earl}-  in  the 
second  session.  It  was  approved  by  the  President  Februar}^  14,  1903. 
(The  legislative  history  of  this  bill  is  given  in  Chapter  XVI.) 

The  Secretary  of  Commerce  and  Labor  became  the  ninth  member 
of  the  President's  Cabinet. 

It  ma}'  appear  strange  that  one  himdred  and  fourteen  years  elapsed 
before  the  Department  became  a  reality,  when  its  need  was  felt  and 
its  value  recognized  at  the.  very  beginning.  The  answer  is  read}'. 
Conservative  action  on  the  important  subject  of  increasing  the  num- 
ber of  executive  departments  has  been  the  rule  of  the  Congress.  The 
name  "" Department  of  Foreign  Affairs"  was  changed  to  "Department 
of  State"  in  order  that  the  held  of  that  department  might  be  enlarged 
and  the  creation  of  a  home  department  avoided;  the  naval  affairs  were 
consolidated  with  those  of  the  Army  to  make  unnecessarj^  a  separate 
Department  of  the  Navy.  In  this  grouping  in  one  department  of 
matters  that  would  logically  form  two,  it  was  l)ut  natural  that  com- 
merce and  finance  should  at  first  abide  together.  The  tendency  of  the 
national  legislature  to  follow  and  not  lead  in  enlarging  the  executive 
side  of  govenuiient  compelled  the  Department  of  Commerce  and 
Labor  to  wait,  as  each  of  the  older  departments  in  its  turn  had 
waited,  until  the  demand  for  the  legislation  became  paramount  and 
unanimous,  and  until  the  field  of  its  activitv  was  already  so  large  and 
the  urgent  appeal  so  loud  that  none  but  an  affirmative  answer  could 
be  given. 


(irLrniiiziitiiin  m'  I)i)i!irtiiuMit  of  Cmhhihtci' unci  Liilmr 


TEMPORARY  OFFICES,    BUlLDLRb'    EXCHANGE    BUILDING,    MARCH    16  TO  JUNE    16,    1903 


ORIGIN    OK    THE    DEPARTMENT    OF    COMMERCE    AND    LABOR       18 

BIBLIOGRAPHY  OF  LEGISLATIVE  PROCEEDINGS  ANTICIPATING  THE  DEPART- 
MENT OF  COMMERCE   AND  LABOR 

February  8,  18t>4,  Thirty-oiohth  Con<^-rcss,  tirst  session.  Mr.  Orth 
introduced  a  bill  to  create  and  or^^anize  a  Department  of  the 
Government  to  be  called  the  Department  of  Industry-.  Referred 
to  Conunittee  on  Judiciary. 

March  2t),  180(5,  House  of  Representatives.  Mr.  GrinncU  introduced 
a  bill  to  establish  a  Manufacturing  and  Statistical  Division  of 
the  Treasury  Department.  Referred  to  Committee  on  Manu- 
factures. 

March  26, 1807,  House  of  Representatives.  Mr.  Baker  offered  a  reso- 
lution instructing-  vSelect  Conmiittee  on  Rules  to  inquire  into 
the  expediency  of  constituting^  u  standing*  Committee  on  Labor. 
Adopted. 

May  25,  1868.  Mr.  Pile  introduced  a  joint  resolution  (H.  J.  Res.  27-1) 
authorizing  the  appointment  of  a  Commercial  Commissioner. 
Referred  to  Committee  on  Commerce. 

March  31,  1870.  Mr.  Logan  introduced  a  resolution  requesting  the 
deliver}'  of  an  address  on  the  principles  and  objects  of  the 
National  Labor  Union,  by  some  member  of  their  association,  in 
the  l.all  of  the  House  of  Representatives.  The  restriction  of  the 
importation  of  labor  was  debated  in  Congress  as  early  as  1871. 

April  10, 1871,  Fortj'-second  Congress,  first  session.  Mr.  Hoar  intro- 
duced a  bill  (H.  R.  374)  to  provide  for  the  appointment  of  a 
commission  on  the  subject  of  wages  and  hours  of  labor  and  the 
division  of  profits  between  labor  and  capital  in  the  United  States. 
Reported  from  Committee  on  Education  and  Labor  December 
18,  1871.     Passed  December  21,  1871. 

December  5,  1871,  Mr.  Killiuger  introduced  a  resolution  in  the  House 
to  in([uire  into  the  expediency  of  establishing  a  Labor  Bureau 
in  connection  with  the  Department  of  Agriculture.  Referred 
to  Conmiittee  on  Education  and  Labor. 

December  11,  1871,  Forty-second  Congress,  second  session.  Mr. 
Shanks  introduced  a  bill  (H.  R.  550)  to  establish  a  Bureau  of 
Labor,  with  a  (Commissioner  of  Labor. 

JanuarN'  6,  1871,  Forty-third  Congress,  first  session.  Mr.  Shanks 
introduced  a  ))ill  (H.  R.  1458)  establishing  a  Bureau  of  Labor. 
Referred  to  Conunittee  on  Education  and  La))or. 

January  12, 1874,  Forty-third  Congress,  tirst  session.  Mr.  Woodworth 
introduced  a  bill  (H.  R.  1094)  to  establish  a  Bureau  of  Transpor- 
tation to  regulate  the  management  of  interstate  commerce. 
Referred  to  Conunittee  on  Railways  and  Canals. 

January  19,  1874,  Forty-third  Congress,  first  session.  Mr.  Biery 
introduced  a  bill  (H.  R.  1246)  to  esta])lish  a  Department  of 
Maiuifactures  and  Mining.  Referred  to  Committee  on  Manu- 
factures. 


14   OEIGIN  OF  THE  DEPARTMENT  OF  COMMERCE  AND  LABOR 

May  15, 1871,  Forty-third  Congress,  tirst  session.  Mr.  Windom  intro- 
duced a  bill  (S.  820)  to  establish  a  Bureau  of  Internal  Commerce. 
Referred  to  Select  Committee  on  Transportation  Routes  to  the 
Seaboard.     June  1,  1871,  reported  with  amendments. 

December  11,  1871,  Forty-third  Congress,  second  session.  Mr.  Stan- 
ard  introduced  a  bill  (H.  R.  3992)  to  establish  a  Department 
of  Commerce,  which,  with  accompanj^ing-  memorial  from  the 
National  Board  of  Trade,  was  referred  to  the  Committee  on 
Commerce. 

December  11,  1875,  Forty-fourth  Congress,  first  session.  Mr.  Stone 
introduced  a  bill  (H.  R.  81)  to  establish  a  Department  of 
Commerce.  Referred  to  Committee  on  Commerce  and  reported 
adversely. 

March  31,  1876,  Forty-fourth  Congress,  first  session.  Mr.  Campbell 
introduced  a  bill  (H.  R.  2950)  providing  for  the  appointment 
of  a  commission  on  the  subject  of  labor  and  capital. 

October  29,  1877,  Forty-fifth  Congress,  hrst  session.  Mr.  Peddie 
introduced  a  bill  (H.  R.  106)  to  establish  a  Department  of  Come 
merce.     Referred  to  Committee  on  Commerce. 

February  11,  1879,  Forty-fifth  Congress,  third  session.  Mr.  Cameron 
proposed  a  joint  resolution  (S.  J.  Res.  60)  providing  for  a  com- 
mission to  consider  and  report  what  legislation  is  needed  for 
the  better  regulation  of  commerce  among  the  States.  Referred 
to  Committee  on  Commerce. 

May  5,  1879,  Fort}' -sixth  Congress,  first  session.  Mr.  Murch  intro- 
duced a  bill  (H.  R.  1383)  to  establish  a  Bureau  of  Labor  Statis- 
tics.    Referred  to  the  Committee  on  Education  and  Labor. 

June  4,  1879,  Forty-sixth  Congress,  first  session.  Mr.  Russell  secured 
adoption  of  a  resolution  that  the  Committee  on  Commerce  be 
instructed  to  inquire  and  report  wherein  existing  laws  can  be 
so  amended  as  to  afford  relief  to  the  commercial  interests  of 
the  country,  and  what  measures  can  be  adopted  bj'  the  Con- 
gress of  the  United  States  calculated  to  secure  a  return  of  their 
commercial  prosperity. 

December  8,  1879,  Forty-sixth  Congress,  second  session.  Mr.  Hoar 
introduced  a  bill  (S.  771)  to  esta])lish  a  Labor  Commission. 
Referred  to  Committee  on  Education  and  Labor. 

February  9,  1880,  Forty-sixth  Congress,  second  session.  Mr.  Young 
introduced  a  bill  (H.  R.  1327)  to  establish  a  Department  of 
Manufactures,  Mechanics,  and  Mines.  Referred  to  the  Com- 
mittee on  Judiciary. 

April  12,  1880,  Forty-sixth  Congress,  second  session.  Mr.  Warner 
introduced  a  bill  (H.  R.  5797)  to  estu])lish  a  Bureau  of  Mines 
and  Mining,  a  Bureau  of  Mainifacturcs,  and  a  Bureau  of  Labor 
Statistics  in  the  Interior  Department,  and  to  change  the  desig- 
nation of  the  existing  Bureau  of  Statistics  to  Bureau  of  Com- 
merce.    Referred  to  Committee  on  Mines  and  Mining. 


ORIGIN    OF    THE    DKl'AKTMENT    OK    COMMERCE    AND    LABOR       15 

March  1,  1880,  Forty-sixth  C'ono-rcss,  second  session.  Mr.  Cox  siih- 
niittod  a  resolution  that  the  Secretary  of  Stat(>  be  retiucsted  to 
inform  the  House  what  measures,  if  any,  may  in  his  opinion  l)c 
advantaaeously  taken  for  the  more  frecjuent  pu])lication  and 
wider  eircuhition  of  commercial  reports  received  \)y  the  Depart- 
ment from  its  officers  abroad;  also  as  to  methods  of  publishing 
these  reports  in  other  countries.     Adopted. 

December  7,  1881,  Forty-seventh  Congress,  first  session.  Mr.  Davis 
introduced  a  bill  (S.  30"2)  to  establish  a  Department  of  Agricul- 
ture and  Commerce.  Referred  to  Committee  on  Agriculture. 
S.  1502  reported  as  su])stitute,  to  constitute  Department  of 
Agriculture  an  Executive  Department. 

December  13,  1881,  Forty-seventh  Congress,  tirst  session.  Mr.  Murch 
introduced  a  bill  (H.  R.  017)  to  establish  a  Bureau  of  Labor 
Statistics.     Referred  to  Committee  on  Education  and  Labor. 

January  23,  1882,  Forty-seventh  Congress,  first  session.  Mr.  Cassidy 
introduced  a  bill  (H.  R.  3307)  to  establish  a  Bureau  of  Mines 
and  ^Mining.     Referred  to  Committee  on  Mines  and  Mining. 

February  13, 1882,  Forty-seventh  Congress,  first  session.  Mr.  Young 
introduced  a  bill  (H.  R.  4375)  to  establish  a  Department  of 
Manufactures,  Mechanics,  and  Mines.  Referred  to  Committee 
on  Mines  and  Mining. 

February  14,  1882,  Forty-seventh  Congress,  first  session.  A  bill 
(S.  1198)  was  introduced  to  establish  a  Bureau  for  the  registra- 
tion of  ships  and  seagoing  vessels  and  for  the  encouragement 
of  United  States  shipping.  Referred  to  Committee  on  Com- 
merce. 

March  27,  1882,  Fort3'-seventh  Congress,  first  session.  Mr.  Phelps 
introduced  a  bill  (H.  R.  5403)  to  establish  a  Department  of 
Industr}'.     Referred  to  Committee  on  Revision  of  Laws. 

December  4,  1882,  Forty-seventh  Congress,  second  session.  Mr.  Page 
introduced  a  bill  (H.  R,  0907)  to  establish  a  Department  of 
Commerce  and  Navigation.  Referred  to  Committee  on  Com- 
merce. 

December  4,  1882,  Forty-seventh  Congress,  second  session.  Mr. 
Rosecrans  introduced  a  bill  (H.  R.  0913)  to  establish  a  Depart- 
ment of  Commerce  and  Navigation.  Referred  to  Committee  on 
Conmierce. 

December  5, 1882,  Forty-seventh  Congress,  second  session.  Mr.  Miller 
introduced  a  bill  (S.  2197)  to  establish  a  Department  of  Com- 
merce and  Navigation.     Referred  to  Committee  on  Commerce. 

December  4,  1883,  Forty-eighth  Congress,  first  session.  Mr.  Blair 
introduced  a  bill  (S.  140)  to  establish  a  Bureau  of  Lal)or  Sta- 
tistics. Referred  to  Committee  on  Education  and  Labor, 
reported  with  an  amendment,  dcl)ated,  but  not  passed. 


1(5       ORIGIN    OF    THE    DEPARTMENT    OF    COMMERCE    AND    LABOR 

December  10,  1883,  Forty-eighth  Congress,  first  session.  Mr.  Ros( 
crans  introduced  a  bill  (H.  R.  60)  to  establish  a  Departmei 
of  Commerce  and  Navigation.  Referred  to  Committee  c 
Commerce. 

December  10,  1883,  Forty-eighth  Congress,  first  session.  Mr.  Will 
introduced  a  bill  (H.  R.  619)  to  establish  a  Bureau  of  8tatisti( 
of  Labor  and  Industries.  Referred  to  Committee  on  Educatic 
and  Labor. 

December  10,  1883,  Forty-eighth  Congress,  first  session.  Mr.  Dinj 
ley  introduced  a  bill  (H.  R.  693)  to  constitute  a  Bureau  of  Con 
merce  and  Navigation  in  the  Treasur}"  Department. 

December  11,  1883,  Fort3'-eighth  Congress,  first  session.  Mr.  O'Nei 
introduced  a  bill  (H.  R.  891)  to  establish  a  Bureau  of  Labc 
Statistics.     Referred  to  Committee  on  Education  and  Labor. 

December  11,  1883,  Forty-eighth  Congress,  first  session.  Mr.  Ho] 
kins  introduced  a  bill  (H.  R.  1310)  to  establish  a  Department  i 
Labor  Statistics.  Referred  to  Committee  on  Education  an 
Labor,     Approved  b}'  President  June  27,  1881. 

December  18,  1883,  Forty-eighth  Congress,  first  session.  Mr,  Frj 
introduced  a  bill  (S.  738)  to  constitute  a  Bureau  of  Connuen 
and  Navigation  in  the  Treasury  Department,  Referred  1 
Committee  on  Commerce  and  reported  adversely. 

January  8,  1881,  Fortj^-eighth  Congress,  first  session.  Mr,  McKinle 
introduced  a  bill  (H,  R,  3020)  to  establish  a  Bureau  of  Lalx 
Statistics.     Referred  to  Committee  on  Labor. 

January  8,  1881,  Forty-eighth  Congress,  first  session.  Mr,  Fom 
introduced  a  bill  (H.  R.  2519)  to  establish  a  Department  c 
Industry.     Referred  to  Committee  on  Labor. 

January  10,  1881,  Forty-eighth  Congress,  first  session.  Mr.  Lam 
introduced  a  bill  (H,  R.  3060)  to  establish  a  Bureau  of  Labc 
Statistics.     Referred  to  Committee  on  Labor. 

January  10,  1881,  Forty-eighth  Congress,  first  session.  Mr.  Dingle 
introduced  a  bill  (H.  R.  3056)  to  establish  a  Bureau  of  Navig! 
tion.  Treasury  Department.  Approved  by  President,  July  ; 
1881,       • 

Jamiary  11,  1881,  Forty-eighth  Congress,  first  session,  Mr.  Dunhai 
introduced  a  bill  (H,  R,  3120)  to  establish  a  Department  c 
Commerce.     Referred  to  Committee  on  Commerce. 

January  21,  1881,  Forty-eighth  Congress,  first  session,  Mr.  Woe 
introduced  a  bill  (H,  R,  3595)  to  authorize  the  governor  c 
each  State  of  the  United  States  to  appoint  commissioners  J 
establish  a  system  of  international  commerce,  and  to  decic 
the  practicability  of  establishing  a  Bureau  of  Internation: 
Conunerce,  Referred  to  Connnittee  on  Commerce,  and  reportc 
adversely. 


DKKJIN    OK    TIIK    DEPARTMENT    OK    COMMEliCE    AND    LABOR       17 

Dccenibcr  21,  issr).  Foity-iiinth  Conj^rcs.s,  tirst  session.  Mr.  AVeavcr 
introducod  a  hill  (H.  R.  585)  to  establish  an  Executive  Depart- 
ment ol'  Labor,  with  a  Secretary  of  Labor.  Referred  to  Com- 
mittee on  Labor. 

January  7,  188(5,  Forty-ninth  Congress,  tirst  session.  Mr.  Dunliam 
introduced  a  bill  (H.  R.  HOHii)  to  esta))lish  a  Department  of  Com- 
merce.    Referred  to  Connnittec  on  Connnerce. ' 

February  3,  1886,  Forty-ninth  Conji^ress,  tirst  session.  Mr.  Hatch 
introduced  a  ))ill  (H.  R.  51ilo)  to  eidarg-e  the  duties  of  the 
Department  of  Agriculture,  and  providing  for  a  Department  of 
Agriculture  and  Labor. 

March  1, 18S0,  Forty-ninth  Congress,  tirst  session.  Mr.  Butterworth 
introduced  a  bill  (H.  R.  (3202)  to  establish  a  Departn)ent  of 
Industry  and  Bureau  of  Labor.  Referred  to  Conmiittee  on 
Lal)or. 

April  26,  1880,  F'orty-ninth  Congress,  tirst  session.  Mr.  Springer 
introduced  a  bill  (H.  R.  8119)  to  establish  a  Department  of 
Labor,  and  to  create  a  board  for  the  arl)itration  of  contro- 
versies between  labor  and  capital.  Referred  to  Committee  on 
Labor. 

May  10,  1886,  Forty-ninth  Congress,  tirst  session.  Mr.  Brecken- 
ridge  introduced  a  bill  (H.  R.  8629)  to  establish  a  Department 
of  Agriculture  and  Industry.  Referred  to  Committee  on  Agri- 
culture. 

May  10, 1886,  Forty-ninth  Congress,  tirst  session.  Mr.  Reagan  intro- 
duced a  bill  (H.  R.  8671)  to  establish  a  Department  of  Indus- 
tries.    Referred  to  Committee  on  Commerce. 

May  22,  1886,  House  of  Representatives.  Mr.  Osborne  presented 
memorial  of  the  board  of  trade  of  Philadelphia,  urging  the 
necessity  of  a  Department  of  Commerce.  Referred  to  Com- 
mittee on  Commei'ce. 

Jamiarv  4,  1888,  Fiftieth  Congress,  tirst  session.  Mr.  Springer  intro- 
duced a  bill  (H.  R.  1280)  to  establish  a  Department  of  Labor, 
and  to  create  a  board  for  the  arbitration  of  controversies 
between  labor  and  capital. 

January  4,  1888,  Fiftieth  Congress,  tirst  session.  Mr.  Townshend 
introduced  a  bill  (H.  R.  1283)  for  the  establishment  of  a  Depart- 
ment of  Industries  and  Public  Works.  Referred  to  the  Com- 
mittee on  Commerce. 

flanuary  9,  1888,  Fiftieth  Congress,  tirst  session.  Mr.  Hatch  intro- 
duced a  bill  (H.  R.  3408)  to  enlarge  the  duties  of  the  Depart- 
ment of  Agriculture,  and  to  create  an  Executive  Department  to 
be  known  as  the  Department  of  Agriculture  and  Lal)or. 
Referred  to  Committee  on  Agriculture.  H.  R.  8191  (March  7, 
1888)  below  substituted  for  it. 
27628—04 2 


18       ORIGIN    OF    THE    DErAETMENT    OF    COMMERCE    AND    LABOR 

January  9,  1888,  Fiftieth  C^ougres.s,  first  .session.  Mr.  McCreary 
introduced  a  ))ill  (H.  R.  3368)  to  create  a  Department  to  be 
known  as  the  Department  of  Agriculture  and  Labor.  Referred 
to  Committee  on  Agriculture. 

March  7,  1888,  Fiftieth  Congress,  first  session.  Connnittee  on  Agri- 
culture, as  substitute  for  H.  R.  31(>8,  introduced  a  bill  (H.  R. 
81i>l)  to  enlarge  the  powers  and  duties  of  the  Department  of 
Agriculture,  and  to  create  an  Executive  Department  to  be 
known  as  the  Department  of  Agriculture.  This  bill  went  to  a 
conference  committee. 

March  15,  1888,  Fiftieth  Congress,  first  session.  Mr.  O'Neill  intro- 
duced a  l)ill  (H.  R.  8560)  to  establish  a  Department  of  Labor. 
Approved  b}^  President  June  18,  1888. 

(Numerous  petitions  for  a  Department  of  Commerce  were  pre- 
sented during  the  first  session  of  the  Fifty-first  Congress.) 

January  15,  181>1,  Fifty-fii'st  Congress,  second  session.  Mr.  Frye 
introduced  a  1)111  (S.  4859)  to  estal)lish  the  Department  of 
Commerce.     Referred  to  Committee  on  Commerce. 

January  5,  1892,  Fifty-second  Congress,  first  session.  Mr.  Simpson 
introduced  a  l)ill  (H.  R.  135)  to  establish  a  Department  of 
Finance  and  Commerce.     Referred  to  Committee  on  Judiciary. 

Januar}^  9,  1892,  Fift\'-second  Congress,  first  session.  Mr.  Belford 
introduced  a  bill  (H.  R.  2191)  to  establish  a  Bureau  of  Mines 
and  Mining,  a  Bureau  of  Manufactures,  and  a  Bureau  of  Labor 
Statistics  in  the  Interior  Department,  and  to  change  the  designa- 
tion of  the  existing  Bureau  of  Statistics  to  Bureau  of  Connnerce. 
Referred  to  Committee  on  Mines  and  Mining. 

February  1, 1892,  Fifty-second  Congress,  first  session.  Mr.  Caminetti 
introduced  a  bill  (H.  R.  5161)  to  establish  a  Department  of 
Mines  and  Mining.  Referred  to  Committee  on  Mines  and 
Mining. 

February  14,  1893,  Fifty-second  Congress,  second  session.  Mr.  Miller 
introduced  a  bill  (H.  R.  10503)  to  establish  an  Executive  Depart- 
ment of  Public  Labor.  Referred  to  Committee  of  Revision  of 
Laws. 

December  7,  1893,  Fift3-second  Congress,  second  session.  Mr.  Doo- 
little  introduced  a  bill  {II.  R.  4514)  to  enlarge  the  duties  of  the 
Bureau  of  Labor,  and  to  create  an  Executive  Department  to 
be  known  as  the  Department  of  Labor.  Referred  to  Committee 
on  Labor. 

January  10,  1896,  Fifty-fourth  Congress,  first  session.  Mr.  Cobb 
introduced  a  bill  (II.  R.  3619)  to  enlarge  the  duties  and  powers 
of  the  department  of  commerce,  and  to  create  an  Executive 
Department  to  be  known  as  the  Department  of  Connnerce. 
Referred  to  the  Committee  on  Interstate  and  Foreign  Commerce. 


ORIGIN    OF    THP:    department    OE    commerce    and    LA150K       l[) 

,I:uui:irv  '21,  Lsix;,  Fifty-fourth  Congress,  first  si\ssioii,  Mr.  Cohl) 
introduced  a  l)ill  (H.  R.  44-1:7)  to  create  an  Executive  Depart- 
ment to  he  known  as  the  I)(>partinent  of  Conunerce.  Referred 
to  the  Conuiiittee  on  Interstate  and  Forei^^-n  Commerce. 

Feliruar}'  17,  189G,  FiftN'-fourth  Congress,  first  session.  Mr.  Traccy 
introduced  a  l)ill  (II.  R.  (IliM))  to  create  a  Department  of  Com- 
merce. Referred  to  the  Conmiittee  on  Interstate  and  Foreign 
Commerce. 

March  !),  18!H),  Fifty-fourth  C'ongress,  first  session.  ]Mr.  Frye  intro- 
duced a  hill  (S.  2447)  to  estal)iish  a  Department  of  Conunerce 
and  Manufactures.     Referred  to  the  Committee  on  Commerce. 

March  l<),  ISIX).  Fifty-fourth  Congress,  first  session.  Mr.  Bariett 
introduced  a  bill  (H.  R.  7254)  to  estal)lish  a  Department  of  Com- 
merce and  Manufactures.  Referred  to  the  Committee  on  Inter- 
state and  Foreign  Conunerce. 

June  4,  1890,  Fifty-fourth  Congress,  first  session.  Mr.  Traccy  intro- 
duced a  bill  (H.  R.  9340)  to  establish  a  Department  of  Commerce 
and  ^Manufactures.  Referred  to  the  Committee  on  Interstate 
and  Foreign  Conunerce. 

December  15, 1896,  Fifty-fourth  Congress,  second  session.  Mr.  Meyer 
introduced  a  ))ill  (H.  R.  !>6(37)  to  esta])lish  a  Department  of 
Commerce,  Manufactures,  and  Labor.  Referred  to  the  Com- 
mittee on  Interstate  and  F^oreign  Commerce. 

December  17,  1890.  Fifty-fourth  Congress,  second  session.  Mr.  Phil- 
lips introduced  a  ))ill  (H.  R.  9188)  authorizing  the  appointment 
of  a  nonpartisan  commission  to  collate  information  and  to  con- 
sider and  reconunend  legislation  to  meet  the  problems  presented 
by  labor,  agriculture,  and  capital.  Reported  as  signed  in  the 
Senate,  March  3,  1897.^ 

January  28,  1897,  Fift^'-fourth  Congress,  second  session.  ]Mr.  Wat- 
son introduced  a  bill  (H.  R.  1U179)  to  establish  a  Department  of 
Labor,     Referred  to  the  Committee  on  Labor. 

March  18,  1897.  Fifty-fifth  Congress,  first  session.  Mr.  Frye  intro- 
duced a  bill  (S.  024)  to  establish  a  Department  of  Conunerce 
and  Industries.     Referred  to  the  Committee  on  Commerce. 

March  18,  18!>7,  Fifty-fifth  Congress,  first  session.  A  hill  (H.  R.  398) 
to  provide  national  supervision,  etc.,  over  certain  corporations. 
Referred  to  the  Committee  on  Judiciary. 

March  18,  1897,  Fifty-fifth  Congress,  first  session.  Mr.  Barrett 
introduced  a  bill  (II.  R.  41<»)  to  establish  a  Department  of  Com- 
merce and  Manufactures.  Referred  to  the  Committee  on 
Interstate  and  Foreign  Commerce. 

March  24,  1897,  Fifty-fifth  Congress,  first  session.  Mr.  Brownlow 
introduced  a  bill  (H.  R.  212S)  to  establish  a  Department  of 
Commerce,  Lal)or,  and  Manufactur(>s.  Referred  to  the 
Committee  on  Interstate  and  Foreign  Commerce. 


20   ORIGIN  OF  THE  DEPARTMENT  OF  COMMERCE  AND  LABOR 

June  1}^,  1S07,  Fifty-tifth  Cong-ress,  first  session.  S.  2253.  (Same  as 
H.  R.  !»188,  above,  Deeeiuber  17,  1896.) 

December  d,  1897,  Fifty-fifth  Cong-ress,  second  session.  Mr,  Hep- 
burn introduced  a  bill  (H.  R.  1:3»J4)  to  establish  a  Department 
of  Commerce  and  Industries. 

Decomljcr  10,  1897,  Fifty-fifth- Congress,  second  session.  Mr.  Low 
introduced  a  ])ill  (H.  R.  4583).  (See  H.  R.  398,  March  18, 1897, 
above.) 

December  13,  1897,  Fifty-fifth  Congress,  second  session.  Mr.  Baker 
introduced  a  ])ill  (H.  R.  4774)  to  estal)lish  the  Department  of 
Commerce,  Manufactures,  Industries,  and  Labor.  Referred  to 
Committee  on  Interstate  and  Foreign  Commerce. 

Deceml)er  13,  1897,  Fifty-fiftli  Congress,  second  session.  Mr.  Piatt, 
of  Connecticut,  introduced  a  bill  (S.  2736)  to  establish  a  divi- 
sion in  the  Treasury  Department  for  the  regulation  of  insurance 
among  the  several  States.    Referred  to  Committee  on  Commerce. 

December  16,  1897,  Fift3'-fifth  Congress,  second  session.  Mr.  Baker 
introduced  a  bill  (H.  R.  5162)  to  establish  a  Department  of  Com- 
merce and  Industries.  Referred  to  Committee  on  Interstate 
and  Foreign  Commerce. 

January  6,  1898,  Fifty-fifth  Congress,  second  session.  Mr.  Barham 
introduced  a  bill  (H.  R.  5861)  to  create  an  Executive  Depart- 
ment of  Mines  and  Mining.  Referred  to  Committee  on  Mines 
and  Mining. 

Januar}'  12,  1899.  Fifty-fifth  Congress,  third  session.  Mr.  Osborne 
introduced  a  bill  (II.  R.  11571)  to  estal)lish  a  Department  of 
Mineralogy  and  Mining.  Referred  to  Committee  on  Mines 
and  Mining. 

December  5,  1899,  Fifty-sixth  Congress,  first  session.  Mr.  Roberts 
introduced  a  l)ill  (H.  R.  938)  to  establish  a  Department  of 
Commerce  and  Manufactures.  Referred  to  Committee  on 
Interstate  and  Foreign  Commerce. 

December  6,  1899,  Fiftv-sixth  Congress,  first  session.  Mr.  Fr3'e 
introduced  a  bill  (S.  738)  to  establish  a  Department  of  Com- 
merce and  Industries.     Referred  to  Conmiittee  on  Connnerce. 

December  11,  1899,  Fifty-sixth  Congress,  first  session  (S.  Doc.  16). 
President  McKinley  transmitted  to  Congress  resolutions  of  the 
Chamber  of  Commerce  of  the  State  of  New  York,  requesting 
legislation  authorizing  the  appointment  of  commercial  attaches 
at  the  principal  embassies  and  legations  of  the  United  States, 
and  setting  forth  that  England,  Germany,  and  Russia  had  such 
officials. 

January  3,  1900,  Fifty-sixth  Congress,  first  session.  Mr.  McComas 
introduced  a  bill  (S.  2018)  to  establish  a  Department  of  Com- 
merce and  Industries.     Referred  to  Committee  on  Connnerce. 


(miGIN  OF  THE  DEPARTMENT  OK  COMMERCE  AND  LABOR   21 

,I;mu:iiv  3,  1900,  Fifty -sixth  C'ongrcs.s,  first  session.  Mr.  Barham 
iiitrodiu'od  a  l)ill  (II.  R.  5080)  to  croatc  a  Department  of  Mines 
and  ]Minin«>'.      Referred  to  Committee  on  Mines  and  ^Mining-. 

February  18,  l'.»Ol,  Fifty-sixth ConoT(\ss,  seeond  session.  Mr.  Ridg-el}' 
introduced  a  bill  (H.  R.  11233)  to  reoulato  conunerce  and  indus- 
tries.    Referred  to  Committee  on  Reform  in  the  Civil  Service. 

December  2,  1901,  Fifth-seventh  Con^-ress,  first  session.  Mr.  Brown- 
low  introduced  a  bill  (H.  R.  14)  to  establish  a  Department  of 
Conunerce,  Labor,  and  Manufactures.  Referred  to  the  C^om- 
mittee  on  Interstate  and  Forei^^n  Commerce. 

December  2, 1901,  Fifty-seventh  Congress,  first  session.  Mr.  Schirm 
introduced  a  bill  (H.  R.  95)  to  establish  a  Department  of  Com- 
merce and  Industries.  Referred  to  Conunittee  on  Interstate 
and  Foreign  Commerce. 

Decem])er  3, 1901,  Fiftj^-seventh  Congress,  first  session.  ]Mr.  Roberts 
introduced  a  bill  (H.  R.  2026)  to  establish  a  I)(>])artment  of 
Commerce  and  Manufactures.  Referred  to  Conmiittee  on 
Interstate  and  Foreign  Conunerce. 

December  1, 1901,  Fifty-seventh  Congress,  first  session.  Mr.  McComas 
introduced  a  bill  (S.  313)  to  establish  a  Department  of  Com- 
merce and  Industries. 

December  1,  1901,  Fifty-seventh  Congress,  first  session.  Mr.  Nelson 
introduced  a  bill  (S.  5(59)  to  establish  a  Department  of  Com- 
merce [and  Labor].     Approved  by  President,  February  11, 1903. 

December  10, 1901,  Fifty-seventh  Congress,  first  session.  Mr.  Gibson 
introduced  a  bill  (H.  R.  1101)  to  establish  the  Bureau  of  Mines 
and  jNIining  in  the  Department  of  Labor.  Referred  to  Com- 
mittee on  Mines  and  Mining. 

December  18,  1901,  Fift^'-seventh  Congress,  first  session.  Mr,  Woods 
introduced  a  bill  (H. 'R.  7195)  to  establish  a  Department  of 
^Nlines  and  Mining.  Referred  to  Committee  on  Mines  and 
Mining. 

January  27,  1902,  Fifty-seventh  Congress,  first  session.  Mr.  Teller 
introduced  a  bill  (S.  3202)  to  establish  a  Department  of  Mines 
and  Mining.     Referred  to  Conmiittee  on  Mines  and  Mining. 

April  11,  1902,  Fifty-seventh  Congress,  first  session.  Mr.  Sulzer 
introduced  a  bill  (H.  R.  13526)  to  establish  a  Department  of 
Labor.     Referred  to  the  Committee  on  Labor. 

May  2,  1902,  Fifty-seventh  Congress,  first  session.  Mr.  Sulzer 
introduced  a  bill  (H.  R.  11166)  to  establish  a  Department  of 
Commerce.     Referred  to  Committee  on  Commerce. 

May  16,  1902,  Fifty-seventh  (^ongress,  first  session.  Mr.  Heitfeld 
introduced  a  bill  (S.  5S68)  to  estal)lish  a  Department  of  Labor. 
Referred  to  Committee  on  Education  and  La])or. 


CHAPTER  II 

ORGANIZATION  OF  THE  DEPARTMENT  OF  COMMERCE  AND  LABOR 


The  first  step  in  the  organization  of  tlie  new  Department  was  the 
appointment,  b}'  the  President,  of  George  B.  Cortolyou  as  the  first 
Secretary  of  Commerce  and  Labor  on  February  1(5,  11)03;  the  nomina- 
tion was  confii'med  by  the  Senate  on  the  same  day,  and  the  Secretar}-, 
after  taking  the  oath  of  ofiice  on  the  18th,  established  temporary  head- 
quarters at  the  White  House.  On  February  17,  1903,  James  Rudolph 
(Tarfield  was  named  l)y  the  President  as  Conmiissioner  of  Corporations 
under  the  provisions  of  the  organic  act  of  the  Department;  the  Senate 
confirmed  the  appointment  on  the  21st,  and  the  oath  of  ofiice  was  taken 
on  the  SOth.  Frank  H.  Hitchcock  was  appointed  chief  clerk  of  the 
Department,  and  AVilliam  L.  Soleau  was  selected  as  its  dis])ursing 
clerk. 

The  temporary  headquarters  were  moved  to  the  building  known  as 
the  "Builders"'  Exchange,"  on  Thirteenth  street,  where,  in  a  large 
room  divided  by  partitions,  the  work  of  oi'ganization  was  l)egun  on 
March  10,  1903.  The  new  Willard  Building,  on  Fourteenth  street.^ 
was  selected  as  the  headquarters  of  the  Department,  iiud  the  Secretary, 
with  as  much  of  his  force  as  was  organized,  moved  in  as  soon  as  the 
building  was  completed.  On  the  morning  of  June  17,  1903,  under  the 
auspices  of  the  Grand  Ai'my  of  the  Pepu])lic,  the  nation's  flag  was 
raised  for  the  first  time  over  the  new  Department,  and  its  headciuar- 
ters  was  formallv  placed  in  conmiission.  The  entire  personnel  of  the 
Department  assembled  at  the  fiagstafi'  on  the  roof  with  the  committee  of 
the  Grand  Army  of  the  Republic  to  witness  the  cer(Mn()n3\  The  brief 
address  of  Judge  I.  G.  Kimball,  department  connnander,  G.  A.  R.,  on 
this  occasion,  was  as  follows: 

"On  1)ehalf  of  the  (xrand  Army  and  of  my  old  comrades  of  the  war, 
I  want  to  thank  3'ou  for  the  invitation  you  have  given  to  us  to  b(^ 
present  at  this  ceremony,  the  hoisting  of  the  flag  over  the  new  Depart- 
ment. It  shows  your  appreciation  of  the  old  soldiers;  it  shows  your 
appreciation  of  the  flag  and  all  that  it  means.  And  it  is  especially 
appi'opriatc  to-day,  just  after  Flag  Day,  and  to-day  the  anniversary 
of  the  lirst  great  battle  of  the  Revolutionary  war — the  battle  of  Bunker 
Hill— that  the  old  soldiers  should  assist  in  this  inauguration  of  the 
service  of  putting  up  the  flag  over  this  Department,  which  is  not  a 
department  of  war,  but  a  department  of  peace — one  that  we  hope  will 
take  into  all  the  world  the  coimuerce  of  our  country  and  reap  those 
22 


DEPARTMENT  OF  COMMERCE  AND  LABOR  23 

results  which  the  sohlicrs  ]}y  thrii-  liohtinu'  hclju'd  (o  sicconiplish;  I 
mean  the  phiciii^'  ot'  this  country  in  tiic  forefront,  not  only  in  war,  but 
ni  peace." 

Secretary  Cortelyou  replied  as  follows: 

"Commander:  It  is  altoo-etli(>r  Httini>;  that  un(l(M-  such  auspices  as 
these  the  Hai^  should  he  raised  on  the  new  Department.  In  asking-  you 
to  participate  in  this  simple  eeremony  we  wore  infiuenced  very  lart^el}' 
l)y  the  reasons  you  have  oiven  in  the  very  appropriate  address  3'ou 
have  just  made.  1  thank  you  for  being  here,  with  vour  staff  and 
othei^s,  representin(>-  the  (Irand  Army  of  the  Republic,  and  I  need  hard!}' 
assure  you  that  in  the  work  of  this  Department  it  will  be  our  constant 
hope  and  purpose  that  nothing  shall  be  done  unworthy  of  that  flag'.""' 

In  this  building,  l)esides  the  Secretary,  the  Assistant  Secretary,  the 
Solicitor,  the  Chief  Clerk,  and  the  Disl)ursing  Clerk,  are  the  Bureau  of 
Corporations,  the  Bureau  of  Immigration,  and  the  Department  library. 
The  other  otiices  of  the  DepartuHMit  are  located  as  follows:  Bureau  of 
Navigation.  Light-House  Board,  and  Steamboat-Inspection  Service  in 
the  Builders'  Exchange,  Thirteenth  street;  Bureau  of  Statistics  in  the 
Adams  Building,  1338  F  street;  Coast  and  Geodetic  Survey  and  Bureau 
of  Standards  at  corner  of  New  Jersey  avenue  and  B  street  SE. ;  Bureau 
of  the  Census,  First  and  B  streets  N W. ;  Bureau  of  Labor,  corner  of 
New  York  avenue  and  Fifteenth  street,  and  the  Bureau  of  Fisheries  at 
its  headquarters  in  the  Mall,  Sixth  and  B  streets  SW,  At  the  time 
of  printing  this  volume,  the  organization  of  the  Bureau  of  Manufac- 
tures has  not  been  completed. 

The  law  creating  the  Department  transferred  to  it  on  fluly  1,  1903, 
its  subdivisions  which  had  theretofore  ])een  independent  offices  or 
under  the  older  Executive  Departments,  and  this  important  date  in 
the  life  of  the  new  Department  was  marked  by  the  assembling  in  the 
office  of  the  Secretarj'  of  its  general  officers  and  distinguished  guests. 

The  speakers  on  this  occasion  were:  The  Rev.  Franklin  Noble; 
the  Rev.  D.  J.  Stafford;  Secretary  Moody,  of  the  Navv  Department; 
S.  N.  D.  North,  Director  of  the  Census,  and  H.  B.  F.  Macfarland, 
Commissioner  of  the  District  of  Columbia. 

Secretary  Cortelyou  made  an  address  in  which  he  recounted  the 
work  of  preliminar}'  organization,  and  stated  that  in  four  months  and 
a  half  the  personnel  of  the  Department  had  grown  from  one  official, 
the  Secretary,  to  a  total  of  10,125  persons  in  Washington  and  the 
country  at  large;  he  spoke  of  the  great  opportunities  before  the 
Department  in  aiding  and  guiding  the  commerce  and  industries  of  the 
coujitry,  and  of  the  principles  upon  which  the  Department  would 
administer  the  laws  defining  its  powders.     In  closing,  he  said: 

"To-day  the  new  Department  moves  forward,  and  as  it  takes  its 
place  by  the  side  of  the  other  great  Executive  establishments  it  will 
catch  the  step  and  the  swing  of  their  onward  movcnnent  in  the  nation's 
progress  and  prosper it3'. 


24 


DEPARTMENT    OF    COMMERCE    AND   LABOR 


"  No  other  Department  has  a  wider  field,  if  the  ju.st  expectations  of 
the  franiers  of  the  legishition  are  realized.  None  will  have  closer 
relations  with  the  people  or  greater  opportunities  for  effective  work. 
While  we  can  not  dedicate  a  new  and  imposing  structure  to  the 
uses  of  the  Department,  we  can  at  least,  and  1  am  sure  we  all  do, 
dedicate  ourselves  to  the  work  which  Chief  Executives  have  recom- 
mended and  Congress  in  its  wisdom  has  set  apart  to  be  done.  In 
this  spirit  1  have  thought  it  altogether  fitting  and  proper  that  we 
should  have  these  l)rief  exercises,  and  that  in  them  we  should  empha- 
size the  fact  that  if  we  are  to  have  the  highest  success  as  a  nation  in 
our  commercial  and  industrial  relations,  whether  among  ourselves  or 
with  other  peoples,  we  must  keep  ever  to  the  front  and  dominant 
alwa3^s  those  sturdy  elements  of  character  and  the  dependence  upon 
Divine  guidance  which  were  so  signally  shown  by  the  founders  of  the 
Republic,  and  to  which  we  can  not  too  often  revert  in  these  busy  and 
prosperous  times  which  make  memorable  for  us  the  opening  years  of 
the  new  century." 

BIBLIOGRAPHY  OF  ORGANIC  LAWS  OF  THE  DEPARTMENT 


Official  designation. 


Department  of  Commeree  and  Labor. 
Liglit-Honse  Board  (including  Light- 
House  Establishment). 


Bureau  of  the  Cen.sus  a 

Coast  and  Geodetic  Survey 


Bureaii  of  Stati.stics 

Bureau  of  Foreign  Commerce. 


Bureau  of  Standards «. 


Steamboat-Inspection  Service. 
Seal  and  Salmon  Fisheries 

Bureau  of  Fisheriesa 


Bureau  of  Labor  " 

Bureau  of  Navigation  . . 
Bureau  of  Immigration 


Bureau  of  Corporations, 
Bureau  of  Manufactures 


Organic  acts,  etc. 


See  next  page. 

Federal  jurisdiction  of  aids  to  navigation  first  assumed  by 
act  of  Aug.  7,  1789.  Light-House  Service  reorganized  and 
placed  on  its  present  footing  bv  act  of  Aug.  31,  1852  (10 
Stat.,  119). 

First  census  tal^en  under  act  of  Mar.  1, 1790.  Present  status  of 
Bureau  established  by  act  of  Mar.  6,  1902  (32  Stats.,  51.) 

Survey  first  authorized  by  act  of  Feb.  10, 1807.  Reorganized  and 
placed  on  iiresent  footing  under  act  of  Mar.  30, 1813  (5  Stats., 
610).    Name  authorized  liy  sundry  civil  act  of  Jmie  20,  1878. 

First  law  authorizing  statistics  by  Treasury  Department,  act 
of  Feb.lO,  1S20.  Bureau  of  Statistics  organized  and  placed 
on  its  present  footing  by  act  of  July  28,  1866  (14  Stats.,  330). 

Organized  as  a  statistical" office  in  tlie  State  Department  by 
act  of  Aug.  16,  1S12  (5  Stats.,  507).  Organized  as  Bureau  of 
Statistics,  State  Department,  by  act  of  June  20,  1S7-4.  Name 
changed  to  Bureau  of  Foreign  Commerce  in  consular  appro- 
priation act  for  year  1898.  effective  July  1,  1897. 

Work  of  this  office  first  authorized  by  Senate  resolution  of 
May  29,  1830.  Name  "Office  of  Construction  of  Standard 
Weights  and  Measures"  first  used  in  appropriation  act  of 
Aug.  6,  1882.  Organized  as  at  present  bv  act  of  Mar.  3,  1901 
(31  Stats.,  1119). 

First  stcamlioat-inspection  law,  July  7,  1838.  Service  reor- 
ganized and  )ilaced  on  present  footing,  practically,  by  act 
of  Feb.  2.S,  1.S71  (Title  52,  R.  S.). 

Regulation  of  these  fisheries  first  established  by  joint  resolu- 
tion of  July  27,  1868;  sections  1954  et  seq..  Revised  Statutes, 
and  acts  approved  Dec.  29,  1897  (30  Stats.,  226),  and  Mar.  3, 
1899  (Alaskan  code)  (30  Stats.,  1280). 

First  Commissioner  of  Fish  and  P'isheries  appointed  by  act  of 
Feb.  9,  1871.  C(iramissif)n  reorganized  under  act  of  June  20, 
1888  (25  Stats.,  1).  "  United  States  Fish  Commission  "  first 
used  in  act  of  Dec.  15,  1877. 

Organized  by  act  of  June  27,  1884,  as  a  bureau  of  the  Interior 
Department.  Reorganized  as  the  Department  of  Labor  by 
act  of  June  13,  1888  (25  Stats.,  182). 

Established  by  act  of  July  5,  1884  (23  Stats.,  118).  Shipping 
Comniissiouers  placed  inider  Bureau  of  Navigation  by 
Treasury  Di'jiartment  order  of  July  18,  1884. 

Federal  cimtrol  of  immigration  assumed  by  act  of  Mar.  3, 
1891  (26  Stats.,  1084).  Immigration  laws  codified  by  act  of 
Mar.  3,  1903.  "Bureau  of  Immigration"  first  u-sed  in  act  of 
March,  1895. 

Authorized  bv  act  of  Feb.  14,  1903  (32  Stats.,  825). 

Authorized  by  act  of  Feb.  14,  1903  (32  Stats.,  825), 


a  This  name  adopted  by  Secretary's  order  of  July  1,  1903. 


DEPARTMENT    OV    COMMERCE    AND    LAHOR  25 

LAW  PERTAINING  TO  THE  DEPARTMENT 

('on«>TOs,s  slmll  hnw  i)()W('r  to  icuulatt'  coiimicrcc  w  illi    cnn^tituiion. 


forcij,''!!  nations  uiul  aiuoiio-  the,  s^'wrul  States. 

There  shall  be  at  the  seat  of  o'overnment  an  executi\'e  de-  commeruc    and 
partinentto  l)e  known  as  thcl)ei)artnient()f  Connnerce  and  ''"jv,',^";^,  ^,,03. 
Lahor,  and  a  Secretary  of  Connnerc*^  and  Labor,  who  shall    (f^  ^m-.  sk.) 
be  the  head  thereof,  who  shall  be  ai)i)ointed  l)y  the  ]*resi- 
dent,  In'  and  with  the  advice  and  consent  of  the  Senate, 
who  shall  receive  a  salary  of  eight  thousand  dollars  per 
annum,  and  whose  term  and  tenure  of  office  shall  be  like 
that  of  the  heads  of  the  other  Executive  Departments;  and 
section  one  hundred  and  tifty-eioht  of  t\m  lievised  Statutes  ,„|;*');i^;;:|„i^l';^" 
is  here])y  amended  to  include  such  Department,  and  the 
provisions  of  title  four  of  the  Revised  Statutes,"  including 
all    amendments  thereto,  arc  herel)y  made  applicable  to 
said  Department.     The  said  Secrc^tar}'  shall  cause  a  seal  of    ^'''^'■ 
ottice  to  be  made  for  the  said  Department  of  such  device 
as  the  President  shall  approve,  and  judicial   notice  shall 
be  taken  of  the  said  seal. 

There  shall  be  in  said  Department  an  Assistant  Secre- reuo'^*o"*  com- 
taiy  of  Commerce  and  Labor,  to  be  appointed  by  the  "i<;^r(;eand Labor. 
President,  who  shall  receive  a  salary  of  live  thousand 
dollars  a  year.  He  shall  perform  such  duties  as  shall  be 
prescril)ed  ])y  the  Secretary  or  required  l)y  law.  There 
shall  also  be  one  chief  clerk  and  a  disljursing-  clerk  and  <^^<'^^^- 
such  other  clerical  assistants  as  may  from  time  to  time 
be  authorized  by  Congress;  and  the  Auditor  for  the  State  counts. '"^°  ^^' 
and  other  Departments  shall  receive  and  examine  all  ac- 
counts of  salaries  and  incidental  expenses  of  the  office  of 
the  Secretary  of  Commerce  and  Labor,  and  of  all  l^ureaus 
and  offices  under  his  direction,  all  accounts  relating  to  the 
Light-House  Board,  Steaml)oat-Inspection  Service,  Im- 
migration, Navigation,  Alaskan  fur-seal  tisheries,  the 
National  Bureau  of  Standards,  Coast  and  Geodetic  Survey, 
Census,  Department  of  Lal)or,  Fish  Couimission  and  to 
all  other  business  within  the  jurisdiction  of  the  Depart- 
ment of  Commerce  and  Labor,  and  certify  the  balances 
arising  thereon  to  the  Division  of  Bookkeeping  and  War- 
rants and  send  forthwith  a  cop}'  of  each  certificate  to  the 
Secretary  of  Commerce  and  Labor. 

It  shall  be  the  province  and  duty  of  said  Department  to^j^'j^^^l^^j^i^gj^^^ 
foster,  promote,  and  develop  the  foreign  and  domestic    >vr.  .1 
commerce,    the    mining,    manufacturing,    shipping,    and 
fishery  industries,  the  labor  interests,  and  the  transporta- 
tion facilities  of   the  United  States;   and  to  this   end    it 
shall  be  vested  with  jurisdiction  and  control  of  the  depart- ^.^^.j'J.f,'*"^"'^'"" 
ments,  bureaus,  offices,  and  branches  of  the  public  service 
hereinafter   specified,  and   with   such  other  powers  and    ,,  ^  ^ 

duties  as  ma}"    l)e  prescribed  by    law.     All    unexpended appror.riation.s. 
appropriations,  which  shall  be  available  at  the  time  when 
this  Act  takes  effect,  in  relation  to  the  various   offices, 
])ureaus,  divisions,  and  other  branches  of  the  public  serv- 
ice, which  shall,  by  this  Act,  bo  transferred  to  or  included 

« Title  four  includes  Sec.  158  and  contains  the   provisions  of  law 
governing  PLxecutive  Departments. 


26  DEPARTMENT    OF    COMMEECE    AND    LABOR 

in  the  Department  of  Commerce  and  Labor,  or  which  may 
hereafter,  in  accordance  with  the  provisions  of  this  Act, 
be  so  transferred,  shall  become  availal)le,  from  the  time 
of  such  transfer,  for  expenditure  in  and  b}^  the  Depart- 
ment of  Connnerce  and  Labor  and  shall  be  treated  the 
same  as  though  said  l)ranches  of  the  public  service  had 
been  directly  named  in  the  laws  making-  said  appropria- 
tions as  parts  of  the  Department  of  Conmierce  and  Labor, 
under  the  direction  of  the  Secretary  of  said  Department. 
Bureaus  trans-     The   f ollowiiig-named   offices,    bureaus,    divisions,    and 
men^t.  *"  '*'^'"^"  branches  of  the  pul)lic  service,  now  and  heretofore  under 
,sec.A.  the  jurisdiction  of  the  Department  of  the  Treasury,  and 

all  that  pertains  to  the  same,  known  as  the  Light-House 
Board,  the  Light-House  Establishment,  the  Steamboat- 
Inspection  Service,  the  Bureau  of  Navigation,  the  United 
States  Shipping  Conmiissioners,  the  National  Bureau  of 
Standards,  the  Coast  and  Geodetic  Survey,  the  Commis- 
sioner-General of  Inuuigration,  the  commissioners  of 
immigration,  the  Bureau  of  Immigration,  the  immigration 
service  at  large,  and  the  Bureau  of  Statistics,  be,  and 
the  same  hereby  are,  transfei'red  from  the  Department 
of  the  Treasury  to  the  Department  of  Commerce  and 
Lai)or,  and  the  same  shall  hereafter  remain  under  the 
jurisdiction  and  supervision  of  the  last-named  D^'part- 
ment;  and  that  the  Census  Office,  and  all  that  pertains 
to  the  same,  be,  and  the  same  hereb}-  is,  transferred 
from  the  Department  of  the  Interior  to  the  Department 
of  Conmierce  and  Labor,  to  remain  henceforth  under  the 
jurisdiction  of  the  latter;  that  the  Department  of  Labor, 
the  Fish  Conunission,  and  the  Office  of  Conunissioner  of 
Fish  and  Fisheries,  and  all  tlmt  pertains  to  the  same,  be, 
and  the  same  hereby  are,  placed  under  the  jurisdiction 
and  made  a  part  of  the  Department  of  Commerce  and 
eign'^'coiununx- Labor;  that  the  Bureau  of  Foreign  Commerce,  now  in  the 
witrBuVeiuI'of^^P'^i't"^^"^  ^^  State,  be,  and  the  same  hereby  is,  trans- 
statistii's.  ferred  to  the  Department  of  Commerce  and  La])or  and 

consolidated  with  and  made  a  part  of  the  Bureau  of  Sta- 
tistics, hereinbefore  transferred  from  the  Department  of 
the  Treasury  to  the  Department  of  Commerce  and  Labor, 
and  the  two  shall  constitute  one  luireau,  to  be  called  the 
Bureau  of  Statistics,  with  a  chief  of  the  bureau;  and  that 
the  Secretar}'  of  Conmierce  and  I^abor  shall  have  control 
of  the  work  of  gathering  and  distributing  statistical  infor- 
mation naturallv  relating  to  the  subjects  conlided  to  his 

Statisticalwork  TA  ^  j_  '  i    j^i        o  j_  i?    /  i  i    t     n 

undersecretary.  Department;  and  the  Secretary  or  Commerce  and  Labor 
is  here])y  given  the  power  and  authority  to  rearrange  the 
statistical  work  of  the  bureaus  and  offices  confided  to  said 
Department,  and  to  consolidate  any  of  the  statistical  bu- 
reaus and  offices  transferred  to  said  Department;  and  said 
Secretar}^  shall  also  have  authorit}'  to  call  upon  other 
Departments  of  the  Government  for  statistical  data  and 
results  o])tained  b^'them;  and  said  Secretary  of  Commerce 
and  La])or  may  collate,  arrange,  and  publish  such  statis- 
tical information  so  ol)tained  in  such  manner  as  to  him 
maj'  seem  wise. 


DEPARTMENT    (^F    COMMERCE    AND    LABOR  27 

Tlmt  the  oliicial  records  mikI  piipci-s  now  on  lil<'  in  aiul  f,[*f,\\|fj?/';^^^^^^^ 
])('rt:iiiiiii<i' exi'lusi\-ely  (o  the  l)uslii(>ss  of  any  bureau,  ollico, 
(lepaitnuMit,  or  l)raiich  of  tlie  puhlic  service  in  this  Act 
ti'aiisferred  to  tin*  Department  of  C'oiniuerce  and  Lal)or, 
together  with  tlie  furniture  now  in  use  in  such  l)ureau, 
oHice,  department,  or  branch  of  tlie  pul)Iic  service,  shall  be, 
and  hereby  are,  transferred  to  the  Departmentof  Commerce 
and  Labor. 

There  shall    l)e   in   the  Department  of  Commerce  and,  fB"^'"'"^^'""- 
Lal)or  a  bureau  to  b(^  called  tlie  Hureaii  or  Mamitactures,    src.5. 
and  a  chief  of  said  l)ur(^au,  who  shall   be  appointed  b}' 
the   President,  and   who   shall    receive   a   salary   of  four 
thousand  dollars  per  annum.     There  shall  also  be  in  said 
bureau  such  clerical  assistants  as  may  from  time  to  time  bo 
authorized  l)y  Congress.     It  shall  be  the  province  and  duty    ^*'*  province. 
of  said  bureau,  under  the  direction  of  the  Secretary,  to 
foster,  promote,  and  develop  the  various  manufacturing 
industries  of  the  United  States,  and  markets  for  the  same 
at  home  and  abroad,  domestic  and  foreign,  l)y  gathering, 
com})iling.  publishing,  and  supplying  all  available  and  use- 
ful information  concerning  such  industries  and  such  mar- 
kets, and   ])v  such  other  mi^thods  and  means  as  may  be 
prescribed  iJy  the  Secretary  or  provided  by  law.     And  all    Rppp^ts    from 
consular  oiiicers  of  the   L  nited  States,  including  consuls- thn.nKii    sicr.- 
general,  consuls,  and  commercial  agents,  are  hereby  re-  '""^  "  ^ '''  ^' 
quired,  and  it  is  made  a  part  of  their  duty,  under  the  direc- 
tion of  the  Secretary  of  State,  to  gather  and  compile,  from 
time  to  time,  useful  and  material  information  and  statistics 
in  respect  to  the  subjects  enumerated  in  section  three  of 
this  Act  in  the  countries  and  places  to  which  such  consular 
ofiicers  are  accredited,  and  to  send,  under  the  direction  of 
the  Secretary  of  State,  reports  as  often  as  re(piired  by  the 
Secretary  of  Commerce  and  Labor  of  the  information  and 
statistics  thus  gathered  and  compiled,  such  reports  to  be 
transmitti^l  through  the  State  Department  to  the  Secretary'' 
of  the  Department  of  Commerce  and  Labor. 

There   shall  be   in   the  Department  of  Commerce  and    Bureau  of  cor- 

Ti  1  1  1111H  c/i  •  porations. 

Labor  a  bureau  to  be  called  the  Inireau  or  Corporations,    sec.e. 

and   a  Commissioner  of   Corporations  who   shall   be  the    f^ommissioner. 

head  of  said  bureau,  to  be  appointed  by  the  President, 

who  shall  receive  a  salary  of  ti\'e  thousand  dollars  per 

annum.      There   shall  also   be  in  said  bureau  a  deputv    P^.P"ty    com- 

•      •  1  1      11  •  1  J!    i.1  J        '    misHiuner. 

commissioner  who  shall  receive  a  salaiy  or  three  thou- 
sand five  hundred  dollars  per  annum,  and  who  shall  in 
th(^  absence  of  the  Commissioner  act  as,  and  perform 
the  duties  of,  the  Commissioner  of  Corporations,  and  who 
shall  also  perform  such  other  duties  as  may  be  assigned  to 
him  by  the  Scvretarv  of  Couunei-ce  and  Labor  or  t)y  the 
said  Commissioner.  There  shall  also  ])e  in  the  said  bureau  Kmpioyees. 
a  chief  clerk  and  such  special  agents,  clerks,  and  other 
employees  as  may  be  authorized  by  law. 

I'hc  said  Commissioner  shall  have  power  and  authoritv    P".t'e'' "f  c<'m- 

I  111'-  I'll  '       IlUSHlOniT. 

to  make,  under  the  direction  and  control  of  the  Secretary 
of  Commerce  and  Labor.  diligcMit  investigation   into  the 


28  DEPARTMENT    OF    COMMERCE    AND    LABOR 

organization,  conduct,  and  nianag-ement  of  the  ])usinoss  of 
any  cor})oration,  joint  stock  company  or  corporate  com- 
bination engaged  in  connnerce  among  tlie  several  States 
and  with  foreign  nations  excepting  common  carriers  sub- 

corporations  ject  to  "Au  Act to  rcgulate  commerce,"  approved  February 
exeep  e  .  fourth,  eighteen  liundred  and  eighty-seven,  and  to  gather 

such  information  and  data  as  will  enable  the  President  of 
the  United  States  to  make  recommendations  to  Congress 
for  legislation  for  the  regulation  of  such  commerce,  and  to 
report  such  data  to  the  President  from  time  to  time  as  he 
shall  I'equire;  and  the  information  so  obtained  or  as  nmch 
thereof  as  the  President  may  direct  shall  ])e  made  pul)lic. 

Power  and  an-     Jn   order  to  accouiplish  the  purposes  declared  in  the 

thority  ol   Com- j.  .  j.        i?    ^i  •  i-  j_i  •  i     /^  •      • 

missioner.  loregomg  part  of   this  section,  the   said   Commissioner 

shall  have  and  exercise  the  same  power  and  authority  in 
respect  to  corporations,  joint  stock  companies  and  combi- 
nations subject  to  the  provisions  hereof,  as  is  conferred  on 
the  Interstate  Commerce  Commission  in  said  "'Act  to 
regulate  commerce  "and  the  amendments  thereto  in  respect 
to  common  carriers  so  far  as  the  same  may  be  applicable, 
including  the  right  to  subpcena  and  compel  the  attendance 
vvitnesses!"^ '^^"'^  ^"^^  ^•^•'^timon}^  of  witnesses  and  the  production  of  docu- 
mentary evidence  and  to  administer  oaths.  All  the  re- 
quirements, obligations,  liabilities,  andinmiunities  imposed 
or  conferred  by  said  "Act  to  regulate  commerce"  and  by 
"An  Act  in  relation  to  testimony  before  the  Interstate 
Commerce  Commission,"  and  so  forth,  approved  Feliruary 
eleventh,  eighteen  hundred  and  ninety-three,  supplemen- 
tal to  said  "Act  to  regulate  commerce,"  shall  also  apply 
to  all  persons  who  may  T)e  siil)p(enaed  to  testify  as  wit- 
nesses or  to  produce  documentary  e^-idellce  in  pursuance 
of  the  authority  conferred  by  this  section. 

Useful  infor-  It  shall  also  be  the  province  and  duty  of  said  bureau, 
«)mpned.^"  ^"^  under  the  direction  of  the  Secretary  of  Commerce  and 
Labor,  to  gather,  compile,  publish,  and  supply  useful 
information  concerning  corporations  doing  business  within 
the  limits  of  the  United  States  as  shall  engage  in  interstate 
commerce  or  in  commerce  between  the  United  States  and 

Insurance  cor- any  foreign  country,  including  corporations  engaged  in 
porations.  insurance,  and  to  attend  to  such  other  duties  as  may  be 

hereafter  proxided  ))y  law. 

Alaskan    fish-     The  jurisdiction,  supervision  and  control  now  possessed 

'^sec.7.  and  exercised  b}^  the  Department  of  the  Treasury  over 

the  fur-seal,  salmon    and  other   fisheries  of  Alaska    and 

Immigration,  over  the  immigration  of  aliens  into  the  United  States,  its 
waters,  territories  and  any  place  su])j(>ct  to  the  jurisdic- 
tion thereof,  are  hereb}'  transferred  and  vested  in  the 
Department  of  Commerce  and  Lal)or;  Provid/d,  That 
nothing  contained  in  this  Act  shall  be  construed  to  alter 
the  method  of  collecting  and  accounting  for  the  head-tax 

Head  tax.  prcscril^ed  by  section  one  of  the  Act  entitled  "An  Act  to 
regulate  immigration,"  approved  August  third,  eighteen 
hundred  and  eighty-two.  That  the  authority,  power  and 
jurisdiction  now  possessed  and  exercised  by  the  Secretary 


eries. 


DEPARTMENT    OF    COMMERCE    AND    LABOR  29 

of  tlie  Troasurv  l>y  virtue  of  any  law   in   relation  to  the 

exclusion  h'onx  and  the  residence  within  the  I'nited  States,    cuiinse  exciu- 

its  territories  and  the  District  of  CV)luinl)ia,  of  Chinese  and*"""- 

IKM-sons  of  Chinese  descent,  are  hereby  ti'ansferred  to  and 

conferred  upon  the  Secretary  of  Coniinerce  and  La))or, 

tmd  the  authority,  powerand  jurisdiction  in  relation  thereto 

now  ^ csted  l»v  law  or  treaty  in  the  collectors  of  customs 

and  the  collectors  of  intei'ual  I'lMeiuie.are  herei»y  conferred 

upon  and  Aested  in  sucli  otlicers  under  the  control  of  the 

Conimissioner-Ceneral  of  Juuuioi-atlon,  as  the  Secretary  of 

Commerce  and  Lal)or  may  desiunate  therefor. 

The  Secretary  of  Commerce  and  Labor  .shall  annually,    Annual  reports 
at  the  close  of  each  fiscal  year,  inake  a  report  in  writing socreuir^^o^^^^^ 
to  Congress,  giving  an  account  of   all    moneys  received '"^.^'J'^^*'"^^"'^"'^- 
and  disbursed  l)y  him  and  his  I)e})artment,  and  describ- 
ing the  work  done  ))V  the  Department  in  fostering,  pro- 
moting, and  developing  the  for(Mgn  and    domestic  com- 
merce, the  mining,  manufacturing,  shipping,  and  tishery 
industries,  and  the  transporttition  facilities,  of  the  I'nited 
States,  and  making  such  ret-onnuendations  as  he  shall  deem 
nece.ssarv  for  the  eliective  perfoi'iuance  of  the  duties  and 
])urposes  of  the  Department.     He  shall  also  from  time  to   special  reports, 
time  make  such  special  investigations  and  reports  as  he 
may  be   recpiired  to  do  by  the  President,  or  by  either 
House  of  Congress,  or  which  he  himself  may  deem  neces- 
sary and  urgent. 

The    Secretary    of    Commerce    and    Labor   shall  have    Property  of  De- 
charge,  in  the  buildings  or  premises  occupied  1)}^  or  appro- '"^^e™^"'^" 
])riated  to  the  Department  of  Commerce  and  Labor,  of 
the  library,  furniture,  fixtures,  records,  and  other  prop- 
erty pertaining  to  it  or  hereafter  acquired  for  use  in  its 
business;  and  he  shall  be  allowed  to  expend  for  period-    Expenditures. 
icals  and  the  purposes  of  the  lil)rary,  and  for  the  rental 
of   appropriate  ([uarters  for  tlie   accommodation   of   the  jjj^^"''''<^  ''^"'"i- 
De])artment  of  Commerce  and    Lal^oi"    within    the    Dis- 
trict of  Columbia,  and  for  all  other  incidental  expenses, 
such  sums  as  Congress  may  provide  from  time  to  time: 
Prm'idrd^   hov'cvri^  That  where   anv   office,    bureau,    or 
))ranch  of  the  public  service  transferred  to  the  Depart- 
ment of  Commerce  and  Labor  by  this  Act  is  occupying 
rented  buildings  or  premises,  it  may  still  continue  to  do 
so  until  other  suitable  (piarters  are  provided  for  its  use: 
And  2>ror:<]r<]  f,nihr,\  That  all  officers,  clerks,  and  eni- j,,;';™^;,^^^;^^^^^^ 
ployees  now  employed  in  or  l)y  any  of  the  bureaus,  offices,  reaiiH. 
departments,  or  l)ranches  of  the  public  service  in  this  Act 
transferred  to  the  Department  of  Commerce  and  Labor 
are  each  and  all  hereby  transferred  to  said  Department 
at  their  present  grades  and  salaries,  except  where  other- 
wise provided  in  this  Act:  Axd  provided  further.  That  all    I'r^vious  laws 

I  -1  •  ^1  I  ^     ^    Li     •  l\        J    i.'  i!  4.U     foiieeruing these 

laws  prescrH)ing  the  work  and  dehumg  the  duties  of  trie  bureaus. 
several  bureaus,  offices,  departments,  or  branches  of  the 
public  service  by  this  Act  transferred  to  and  made  a  part 
of  the  Department  of  Commerce  and  Labor  shall,  so  far 
us  the  same  are  not  in  contiict  with  the  provisions  of  this 


30  DEPAKTMENT    OF    COMMERCE    AND    LABOR 

Act,  remain  in  full  force  and  effect  until  otherwise  pro- 
vided l)y  law. 
over"thlse^'bu-  "^^^  duties  performed  and  all  power  and  authority  now 
reaus  vested  in  posscsscd  Or  excrciscd  by  the  head  of  any  executive  depart- 
commerce  ^  and  ment  in  and  over  any  bureau,  office,  officer,  board,  branch, 
^^eT.'io.  oi"  division  of  the  pu])lic  service  by  this  Act  transferred 

to  the  Department  of  Conmierce  and  Labor,  or  any  ))usi- 
ness  arising"  therefrom  or  pertaining  thereto,  or  in  rela- 
tion to  the  duties  performed  ])y  and  authorit}"  conferred 
by  law  upon  such  bureau,  officer,  office,  board,  branch  or 
division  of  the  public  serA'ice,  whether  of  an  appellate  or 
revisory  character  or  otherwise,  shall  hereaftei'  be  vested 
in  and  exercised  by  the  head  of  the  said  Department  of 
Commerce  and  Labor. 
Jurisdiction      All  dutics,  power,  authority  and  iurisdiction,  whether 

over  matters  re-  •  ^  n' ,  j.i  •  •  i 

lating  to  mer-supervisorv,  appellate  or  otherwise,  now  imposed  or  con- 
chant  shipping,  fei-j-cd  upoii  the  Secretary  of  the  Treasury  ))y  Acts  of  Con- 
gress relating  to  merchant  vessels  or  3'achts,  their  measure- 
ment, numbers,  names,  registers,  enrollments,  licenses, 
commissions,  records,  mortgages,  l)ills  of  sale,  transfers, 
entry,  clearance,  movements  and  transportation  of  their 
cargoes  and  passengers,  owners,  officers,  seamen,  passen- 
gers, fees,  inspection,  equipment  for  the  better  security  of 
life,  and  by  Acts  of  Congress  relating  to  tonnage  tax, 
boilers  on  steam  vessels,  the  carrying  of  inflanuual)le, 
explosiA'e  or  dangerous  cargo  on  vessels,  the  use  of  petro- 
leum or  other  similar  substances  to  produce  motive  power 
and  relating  to  the  remission  or  refund  of  fines,  penalties, 
forfeitures,  exactions  or  charges  incurred  for  violating  any 
provision  of  law  relating  to  vessels  or  seamen  or  to  in- 
former's shares  of  such  fines,  and  by  Acts  of  Congress  re- 
lating to  the  Commissioner  and  Bureau  of  Navigation, 
Shipping  Commissioners,  their  officers  and  employees, 
Steamboat-Inspection  Service  and  any  of  the  officials 
thereof,  shall  be  and  herel)y  arc  transferred  to  and  imposed 
and  conferred  upon  the  Secretary  of  Commerce  and  Labor 
from  and  after  the  time  of  the  transfer  of  the  Bureau  of 
Navigation,  the  Shipping  Commissioners  and  the  Steam- 
boat Inspection  Service  to  the  Department  of  Commerce 
and  Labor,  and  shall  not  thereafter  l)e  imposed  upon  or 
Acts  repealed,  exei'cised  by  the  Secretary  of  the  Treasuiy.  And  all  Acts 
or  parts  of  Acts  inconsistent  with  this  Act  are,  so  far  as 
inconsistent,  hereby  repealed. 
Btire.au  of  A  pcrsou,  to  be  designated  by  the  Secretarv  of  State, 
state  Depart- shall  1)0  a])pointed  to  formulate,  under  his  direction,  for 
"^ibcc.'n.  ^^^  instruction  of  consular  officers,   the  requests  of  the 

Secretary  of  Commerce  and  Lal)or;  and  to  prepare  from 
the  dispatches  of  consular  officers,  for  transmission  to  the 
Secretary  of  Commerce  and  Labor,  such  information  as 
pertains  to  the  work  of  the  Department  of  Commerce  and 
Labor;  and  such  person  shall  have  the  rank  and  salary  of 
a  chief  of  bureau,  and  be  furnished  with  such  clerical 
assistants  as  mav  from  time  to  time  be  authorized  bv  law. 


« In  connection  with  sec.  10,  see  extracts  from  opinions  of  Attorney- 
General,  page  34. 


DKl'-^KTMKN'r    OF    COMMERCE    AND    LABOR  31 

T[\e  l*ivsi(UMit  1)0,  and  hv  is  horeln  .  authorized,  hy  onl(U-,,./;/;;];i;'''^\',,;;;';i>: 
ill  writin*;',  to  transfer  at  any  time  the  wliolo  or  any  P'ii't"^'','/,^,^''"j,^*'j';;,'\'j[.','' 
of   anv  otiico,   bureau,  division   oi-   oth(M-    branch  of    thcnutit   '.'.f  V'um- 
public"  service  eno-auvd   in   statistical  or   scientific  work,  |;|Jr'.'*'^'  "'"'   ^^"" 
from  the   Department  of    Slate,  the  Department  of  the    V".  j-'. 
Treasurv,  the  D(>])artment  of  War,  the  Department  of  fhis- 
tico,  the  rost-Oltico  l)epartment,  tii(>   Department  of  the 
Navv  or  the  Department  of  the    Interior,  to  the  Dei)art- 
ment  of  Connnerce  and  Labor;  and  in  every  such  case  the 
duties  and  authority  performed  l)y  and  conferred  by  hiw 
upon  such  oftice,  bureau,  division  or  other  branch  of  tlio 
public  service,  or  the  part  thereof  so  transferred,  shall  be 
therein'  transferred  with  such  otlice,  bureau,  division  or 
other  branch  of  the  public  service,  or  the  part  thereof 
which   is  so  transferred.     And  all  iM)wer  and  authority 
conferred  by  law,  both  supervisory  and  appellate,   upon 
the  department  from  which  such  transfer  is  made,  or  the 
Secretary  thereof,  in  relation  to  the  said  office,  Inireau, 
division  or  other  branch  of  the  public  service,  or  the  part 
thereof  so  transferred,  shall  immediately,  when  such  trans- 
fer is  so  ordered  by  the  President,  be  fully  conferred  upon 
and  vested  in  the  Department  of  Conunerce  and  Labor,  or 
the  Secretary  thereof,  as  the  case  may  be,  as  to  the  whole 
or  part  of  such  office,  l)ureau.  division  or  other  branch  of 
the  public  ser\ice  so  transferred. 

This  Act  shall  takecliect  and  be  in  force  from  and  after  ^.^^lllfy'^'f  ''^'^'"« 
itspassao-e:  I^rovided,  however,  That  the  provisions  of  this  .^vc.  is. 
Act  other  than  those  of  section  twelve  in  relation  to  the 
transfer  of  any  existing-  office,  bureau,  division,  officer  or 
other  branch  of  the  pul)lic  service  or  authorit}"  now  con- 
ferred thereon,  to  the  Department  of  Commerce  and  Labor 
shall  take  effect  and  be  in  force  on  the  first  day  of  July, 
nineteen  hundred  and  three,  and  not  before. 


"For  payment  of  the  salaries  and  expenses  of  the  Depart-  i,i';^\art"ient'^^'of 
ment  of  Commerce  and  Labor,  established  by  the  "Act  to  <^""mm«i"t«    ""d 
establish  the  Department  of  Commerce  and  Labor,"  ap-   y/al'.s^iyos. 
proved  February  fourteenth,  nineteen  hundred  and  three,     (^-sm.,  losi.) 
for  th(>  fiscal  years  nineteen  hundred  and  three  and  nine- 
teen hundred  and  four,  as  follows: 

Office  of  the  Secretary:  For  compensation  of  the  Secre-    secretary. 
tarv  of  Conunerce  and  Labor,  at  the  rate  of  eioht  thousand 
(lollars  pel'  annum;  private  secretary  to  tlie  secretary,  at  tary  to  secretary, 
the  rate  of  two  thousand  five  hundred  dollars  per  annum;     ^j^^ist,j„t  i^^c- 
Assistant  Secretary  of  Conmierce  and  Labor,  at  the  rate  rclary. 
of  five  thousand  dollars  per  annum;    private  secretary  to  j^^^^'^'j^^^'^^J^j'^^j^^ 
the  Assistant  Secretary,  at  the  rate  of  one  thousand  eight  secretary. 

«  Appropriation  acts  are  not  included  in  this  vohnne  e.xcept  where 
they  contain  general  legislation.  This  act  is  given  on  account  of  its 
historical  value,  being  the  first  ai)propriation  made  for  the  Dei)art- 
nient  of  Conunerce  and  Labor;  and  also  on  account  of  its  usefulness  in 
the  work  of  organization. 


32  DEPAKTMENT    OF    COMMEKCE    AND   LABOR 

Oiiefcuerk.  htindrccl  clolltirs  per  annum;  chief  clerk,  at  the  rate  of 
(.j^^'j."^^^"  '"''"^  three  thousand  dollars  per  annum;  disbursing  clerk,  at  the 
(^hief,  Bureau  rate  of  two  thousaud  live  hundred  dollars  per  annum;  chief 
°  Commissioner  ^^  ^^^^  Burcau  of  Manufactures,  at  the  rate  of  four  thousand 
of  Corporations,  dolhirs  per  anuum;  Commissioner  of  Corporations,  at  the 
rr,?.^.F^r}L  ^'"^  ratcof  fi V  e  thousand  dollars  per  annum;  Deputy  Conmiis- 
sLoner  or  Corporations,  at  the  rate  ot  three  thousand  five 
reaii^of^corpora- hundred  dollars  per  annum;  chief  clerk  to  the  Bureau  of 
tions.  Corporations,  at  the  rate   of   two  thousand  dollars  per 

annum;  in  all,  fifty  thousand  dollars,  or  so  much  thereof 
as  may  be  necessary. 
Clerks, messen-     For  sucli  number  of  clerks  of  class  four,  clerks  of  class 
gers,  etc.  three,  clerks  of  class  two,  clerks  of  class  one,  clerks  at  the 

rate  of  one  thousand  doUai's  each  per  annum,  clerks  at  the 
rate  of  nine  hundred  dollars  each  per  annum,  clerks  at  the 
rate  of  seven  hundred  and  twenty  dollars  each  per  annum, 
messengers,  assistant  messengers,  and  for  the  services  of 
such  other  persons,  at  a  rate  of  compensation  not  exceed- 
ing one  thousand  dollars  each  per  annum,  as  the  Secretary 
of  Commerce  and  Labor  may  deem  to  be  requisite  and 
necessary  in  his  office  and  in  the  Bureaus  of  Manufactures 
and  Corporations,  in  addition  to  the  employees  that  may 
be  transferred  hereunder  from  the  office  of  the  Secretary 
of  the  Treasury,  not  exceeding  fifty  thousand  dollars. 
Contingent  ox-  For  contingent  expenses  of  the  office  of  the  Secretary 
penses.  of  Commerce  and   Labor,  and  the  Bureaus  of  Manufac- 

tures and  Corporations,  namely: 
Books.  For  the  purchase  of  professional  and  scientific  books, 

law  books,  books  of  reference,  periodicals,  l)lank  books, 
pamphlets,  maps,  newspapers  (not  exceeding  two  thousand 
stationery.       livc  hundred  dollars),   stationery,   furniture   and  repairs 
pik;s"\c"'^*^''^"^  to  the  same,  carpets,  matting,  oilcloth,  tile  cases,  towels, 
ice,   brooms,   soap,   sponges,    fuel,  lighting  and  heating; 
for  the  purchase,  exchange,  and  care  of  horses  and  vehi- 
cles, to  be  used  only  for  official  purposes;  freight  and 
express  charges,  postage,  telegraph  and  telephone  service, 
typewriters,  and  adding  machines,  and  all  other  miscella- 
neous items  and  necessary  expenses  not  included  in  the 
foregoing,  tifty  thousand  dollars. 
Rent.  For  rent  of  necessary  quarters  for  the  offices  of  the  Sec- 

retar}^  of  Commerce  and  Labor,  and  the  Bureaus  of  Man- 
ufactures and  Corporations,  sixteen  thousand  dollars. 
Printing,  etc.  For  printing  and  l)inding  for  the  offices  of  the  Secretary 
of  Commerce  and  Labor,  and  the  Bureaus  of  Manufac- 
tures and  Corporations,  to  be  executed  under  the  direc- 
tion of  the  Public  Printer,  seventy-tive  thousand  dollars. 
Special  agents.  For  compensation,  to  be  tixed  by  the  Secretary  of  Com- 
merce and  Labor,  of  such  special  agents  in  the  Bureau 
of  Corporations,  and  for  per  diem,  subject  to  such  rules 
and  r(^gulations  as  the  Secretary  of  Commerce  and  Labor 
may  prescribe,  in  lieu  of  subsistence  at  a  rate  not  exceeding 
four  dollars  per  da}'  to  each  of  said  special  agents,  while 
absent  from  their  homes  on  duty,  and  for  actual  necessary 


departmp:nt  of  commercj:  ani>  lahok  33 

triivoliii.U' ^^^'P^^n^<^•'^  '<>•"  "^'i'*^  spociiil  a>ivnts  iiicludiiiu'  nocos- 
sarv  sleepin_i>'  cur  fares,  sixty  tliousaiul  dollars. 

'ihat  all  appropi-iations  made  for  the  fiscal  year  nineteen  i^'Ve'tofromn^^^^^^ 
hundred  and   four  for  the  Department  of   Labor,  Fish  t..  i>umius,  etc., 

,,  .      .  1  a'  ii  J'     •    •  i;       u    i    transferred. 

Conunission.  bureaus,  ortices,  or  other  divisions  or  what- 
ever desio-natioii  or  character,  transferred  or  that  ma^'  be 
transferred  from  any  executive  departnuMit  to  the  Depart- 
ment of  Commerce  and  Labor  under  tiie  act  approved 
Fel)ruarv  fourteenth,  nineteen  hundred  and  thrt>e,  shall 
be  availal)le  for  expenditure  in  and  ])y  the  Department 
of  Commerce  and  Lal)or,  and  shall  be  treated  the  same 
as  though  said  branches  of  the  pul»lic  service  had  been 
directly  named  in  the  hiws  making  said  appropriations 
as  parts  of  the  Department  of  C(mimerce  and  Labor, 
under  the  direction  of  the  Secretary  of  the  Department: 
Pror/'Lil^  That  as  to  all  g(Mieral  appro})riations  for  print- 
ing and  binding,  rent,  and  contingent  or  miscellaneous 
expenses,  the  amounts  that  shall  be  transfei-red  hereunder, 
except  where  the  same  are  s})ecitically  tixed  by  law,  shall 
in  the  case  of  each  bureau,  otiice,  or  other  division  be  not 
less  than  the  average  amount  expended  on  account  of  or 
allotted  for  expenditures  to  each  of  the  same  during  the 
fiscal  years  nineteen  hundred  and  two  and  nineteen  hun- 
dred and  three. 

That  the  Secretary  of  the  Treasury  is  hereby  authorized  TrLisury  iKpart- 
and  directed,  as  soon  as  may  be  practica])le  and  before  the  i"«nt  employees, 
first  day  of  tluly,  nineteen  hundred  and  three,  to  transfer 
to  the  Department  of  Commerce  and  La])or  all  chiefs  of 
di\ision,  assistant  chiefs  of  division,  clerks,  messengers, 
assistant  messengers,  watchmen,  charwomen,  and  laborers 
now  employed  in  the  divisions  of  his  office  who  are  wholly 
engaged  upon  the  work  relating  to  the  business  of  the 
bureaus  and  offices  of  the  Treasury  Department  transferred 
or  to  l)e  transferred  to  the  Department  of  Commerce  and 
Labor  under  the  Act  of  February  fourteenth,  nineteen 
hundred  and  three;  and  in  proportion  to  the  number  of 
persons  in  the  divisions  of  his  ofSce  whose  time  and  labor 
are  partially  de^■oted  to  the  work  of  said  bureaus  and 
offices  he  shall  transfer  approximately  an  e({uivalent  num- 
ber of  clerks  and  other  employees  to  said  J)epartment  of 
Commerce  and  Labor,  and  the  appropriations  made  for 
the  compensation  of  all  persons  transferred  hereunder 
shall  be  credited  to  and  disbursed  by  the  Department  of 
Commerce  and  La))or. 

That  the  Secretary  of  Commerce  and  Lalior  shall  sut)-    -\»"""^  ''""" 

•i    t       /\  •'I'l  •  1  11  1  mates. 

mit  to  Congress  tor  tlie  hscal  year  nineteen  hundred  and 
five,  and  annually  thereafter,  estimates  in  detail  for  all 
personal  services  and  for  all  general  and  miscellaneous 
expenses  for  the  Department  of  Commerce  and  Labor. 

That  all  bureaus,  offices,  and  divisions  transferred  to  the^Q^||arters^j^or 
Department  of   Commerce  and  Labor  after  July  first,  hereafter  tran's- 
nineteen  hundred  and  three,  occupjnng  quarters   in  any  ^^'■'■*^*^- 
building  owned  l)y  the  United  States  shall  continue  therein 
27«2H— 04 3 


34  DEPAKTMENT    OV    COMMERCE    AND    LABOR 

until  otherwise  provided  for  b}'  Congress,  except  the 
Bureau  of  Immigration  and  the  Steamboat-Inspection 
Service,  which  may  be  removed  from  the  Treasury  build- 
ing to  the  Builders'  Exchange  building,  numbers  seven 
hundred  and  nineteen  to  seven  hundred  and  twenty-one 
Thirteenth  street  northwest,  premises  now  rented  in  part 
by  the  Treasury  Department. 
Bureau  of  To  enable  the  Department  of  State  to  compl}' with  the 
ra  ®  ^^  *^tion.s.  ^.^^^^-^.^j^^g^^^^  ^^  scctiou  clcveu  of  the  Act  to  esta])li.sh  the 

Department  of  Commerce  and  Labor,  approved  February 
fourteenth,  nineteen  hundred  and  three:  Chief  of  Bureau, 
two  thousand  two  hundred  and  fifty  dollars;  one  clerk  of 
„  class  two,  one  thousand  four  hundred  dollars;  one  clerk  of 
.class  one,  one  thousand  two  hundred  dollars;  one  assistant 
messenger,  seven  hundred  and  twenty  dollars;  in  all,  five 
thousand  five  hundred  and  seventv  dollars. 


EXTRACTS  FROM  OPINIONS  OF  THE  ATTORNEY-GENERAL 

The  following  paragraphs  from  opinions  rendered  b}"  the  Attorne}^- 
General,  on  certain  questions  of  law  submitted  to  him  l)y  the  Secrctar}' 
of  Commerce  and  Labor,  demonstrate  the  broad  and  comprehensive 
view  taken  by  the  law  ofticer  of  the  Government  in  defining  the  powers 
and  duties  of  the  Secretary  of  Commerce  and  Labor: 

Congress  has  transferred  to  and  made  part  of  your  Department  a 
number  of  branches  of  the  public  service,  some  of  which  have  been 
parts  of  other  Departments  and  others  independent.  They  will  accjuire 
new  relations  to  each  other  and  with  regard  to  5'ou  and  the  Department 
as  a  whole.     They  are  placed  under  jouv  control.     (June  22,  1U03.) 

The  act  of  Congress  with  regard  to  j^our  Department  was  doubtless 
conceived  in  the  same  spirit  as  the  acts  of  a  hundred  years  ago  provid- 
ing for  the  formation  of  other  Executive  Departments,  and  should  l;e 
interpreted  accordingl3\     (Jul}'  2,  1903.) 

It  can  not  be  doubted  that  the  ])usiness  intrusted  to  you  was  intended 
to  be  mapped  out  on  broad  lines  and  separated  from  that  of  other  De- 
partments.    (July  2,  1903.) 

The  general  line  of  cleavage  established  by  the  act  creating  3^our 
Department  between  it  and  the  Treasury  Department  leaves  ''naviga- 
tion" with  you  and  little  with  the  Treasury  Department  which  does 
not  concern  the  collection,  keeping,  minting,  and  disbursing  of  the 
public  treasure.     (August  3,  1903.) 


CHAPTKll  111 
FUR-SEAL  AND  SALMON  FISHERIES  OF  ALASKA 


'Vhv  proti'ction  of  lln'  \alu:iltl(>  fisheries  of  Alaska  received  the  atten- 
tion of  t!ie  (lovernment  soon  after  the  acquisition  of  that  Territory' 
from  Hussiu,  ]\hirch  30,  1S(;T.  By  act  of  Cong-ress  ai)proved  July  27, 
IStiS.  tlie  su])('rvision  of  the  fisheries  of  Alaska  and  the  islands  of  8t. 
Paul  and  St.  (reorge  was  given  to  the  Secretar3^  of  the  Treasury;  the 
act  ap})rovcd  ]\Iarch  3.  1891),  was  a  reenactmeat  of  a  portion  of  the 
al)0\e  law.  An  act  approved  December  29,  1897,  prohibited  the  killing 
of  fur  seals  in  the  waters  of  the  North  Pacific  Ocean,  and  regulations 
were  promulgated  under  this  law.  The  right  to  engage  in  taking  fur 
seals  on  the  islands  of  St.  Paul  and  St.  Oeorge  (Pribilof  Islands)  was 
gi\(Mi  by  contract  to  the  North  American  Commercial  Company  for 
twenty  years  from  May  1,  1890,  under  the  law  of  July  1,  1870. 

Supervision  of  the  fur-seal  fisheries  on  the  seal  islands  is  exercised 
through  four  agents  appointed  l\v  the  Secretary  of  Commerce  and 
Labor,  under  the  provisions  of  the  act  of  March  5.  1872.  The  main- 
tenance of  the  natives  on  these  islands  is  provided  for  in  part  by  the 
Government  through  annual  appropriations  granted  by  Congress,  but 
the  lessees  care  for  the  widows  and  orphans  and  the  aged  and  infirm, 
as  prescribed  l)y  the  terms  of  their  contract. 

The  salmon  fisheries  are  under  the  inmiediate  supervision  of  the 
Secretary  of  C^ommerce  and  I^abor.  and  under  his  direction  two  agents 
appointed  by  the  President  annualh'  visit  the  fisheries  and  canneries 
to  enforce  (h(>  laws  and  regulations  and  report  thereon. 

The  law  api)roved  Pel)ruary  14,  1903  (An  act  to  estal)lish  the 
Department  of  Connnerce  and  Labor),  places  the  supervision  of  (he 
Alaskan  fisheries  in  the  Secretary  of  Commerce  and  Labor  on  and 
after  Julv  1.  1903. 


^'op(/  Cff  contract  heticeen  tJui  United  States  und  the  y<>rfh  Ai/w/'ica/i 
Commercial   Company,  viuter  which  said  comj)ani/   is  qranted  the 
exclnsire  right  oftal-in</fur  seats  yj)0)i  the  PrihiJaflslanas  in  JiJaska 
for  a  pt-riod  of  tirrati/  ij<tirs  from  2 fa;/  /,  1S90. 

Tiiis  indenture,  made  in  duplicate  this  twelfth  day  of  March,  lst«0, 
t)y  and  between  V>'illiam  A\'in(U)m,  Seci'etary  of  the  Treasury  ^f  the 
United  States,  in  pursuance  of  chapter  3  of  title  23,  Revised  Statutes, 

35 


36  FUK-SEAL    AND    SALMON    FISHERIES    OF    ALASKA 

and  the  North  Anievieaii  Commercial  Company,  a  corporation  duly 
established  under  the  laws  of  the  State  of  California,  and  acting  by 
I.  Liebes,  its  president,  in  accordance  with  a  resolution  of  said  corj^ora- 
tion  adopted  at  a  meeting  of  its  board  of  directors  held  January  4,  1890: 

Witnesseth:  That  the  said  Secretary  of  the  Treasury,  in  considera- 
tion of  the  agreements  hereinafter  stated,  hereby  leases  to  the  said 
North  American  Commercial  Company  for  a  term  of  twenty  years, 
from  the  first  day  of  Ma}^,  1890,  the  exclusive  right  to  engage  in  the 
business  of  taking  fur  seals  on  the  islands  of  St.  George  and  St.  Paul 
in  the  Territory  of  Alaska,  and  to  send  a  vessel  or  vessels  to  said  islands 
for  the  skins  of  such  seals. 

The  said  North  American  Commercial  Company,  in  consideration  of 
the  rights  secured  to  it  under  this  lease  above  stated,  on  its  part 
covenants  and  agrees  to  do  the  things  following,  that  is  to  say : 

To  pay  to  the  Treasurer  of  the  United  States  each  year  during  the 
said  term  of  twenty  years,  as  annual  rental,  the  sum  of  sixty  thousand 
dollars,  and  in  addition  thereto  agrees  to  pay  the  revenue  tax,  or  dut}^ 
of  two  dollars  laid  upon  each  fur-seal  skin  taken  and  shipped  by  it 
from  said  islands  of  St.  George  and  St.  Paul,  and  also  to  pay  to  said 
Treasurer  the  further  sum  of  seven  dollars  sixty-two  and  one-half 
cents  apiece  for  each  and  every  fur-seal  skin  taken  and  shipp(>d  from 
said  islands,  and  also  to  pay  the  sum  of  fifty  cents  per  gallon  for  each 
gallon  of  oil  sold  b}"  it  made  from  seals  that  ma}"  be  taken  on  said 
islands  during  the  said  period  of  twenty  years;  and  to  secure  the 
prompt  payment  of  the  sixty  thousand  do!  iis  rental  above  referred 
to  the  said  company"  agrees  to  deposit  with  the  Secretary  of  the  Treas- 
ury bonds  of  the  Ihiited  States  to  the  amount  of  fifty  thousand  dollars, 
face  value,  to  be  held  as  a  guarantee  for  the  amuial  payment  of  said 
sixty  thousand  dollars  rental,  the  interest  thereon  when  due  to  bo  col- 
lected and  paid  to  the  North  American  Connnercial  Company,  pro- 
vided the  said  company  is  not  in  default  of  pa3'ment  of  an}'  part  of  the 
said  sixty  thousand  dollars  rental. 

That  it  will  furnish  to  the  native  inhabitants  of  said  islands  of  St. 
George  and  St.  Paul  aimually  such  quantity  or  number  of  dried  salmon 
and  such  quantity  of  salt  and  such  number  of  salt  barrels  for  preserv- 
ing their  necessary  suppl}^  of  meat  as  the  Secretary  of  the  Treasury 
shall  from  time  to  time  determine.  ' 

That  it  will  also  furnish  to  the  said  inhabitants  eighty  tons  of  coal 
annuall}',  and  a  sufiicient  number  of  comfoi'table  dwellings  in  which 
said  native  inhal)itants  may  reside,  and  will  keep  said  dwellings  in 
proper  repair,  and  will  also  pro^■ide  and  keep  in  repair  such  suitable 
schoolhouses  as  may  be  necessar}",  and  will  estal)lish  and  maintain 
during  eight  months  of  each  year  proper  schools  for  the  education  of 
the  children  on  said  islands;  the  same  to  be  taught  by  competent  teach- 
ers, who  shall  be  paid  by  the  compan}'  a  fair  compensation,  all  to  the 
satisfaction  of  the  Secrctar}^  of  the  Treasury;  and  will  also  provide 
and  maintain  a  suitalile  house  for  religious  W'orship;  and  will  also  pro- 
vide a  competent  physician  or  physicians,  and  necessary  and  proper 
medicines  and  medical  supplies;  and  will  also  provide  the  necessaries 
of  life  for  the  widows  and  orphans  and  aged  and  infirm  inhal)itants  of 
said  islands  who  are  unable  to  provide  for  themselves;  all  of  which 
foregoing  agreements  will  be  done  and  performed  by  the  said  company 
free  of  all  costs  and  charges  to  said  native  inhabitants  of  said  islands 
or  to  the  United  States. 


FUR-SEAL    AND    SALMON    FISHERIES    OF    ALASKA  87 

The  anmiiil  rental,  toiicthcr  with  all  otiici'  ])ayiii('nts  to  the  I'liitcd 
8t:it(\s  proN-uUnl  tor  in  this  lease,  sliail  he  made  and  paid  on  or  het'ore 
the  first  day  of  April  of  each  and  e\(M'v  year  dminii'  the  existence  of 
this  lease,  i)e»>inniiio-  with  the  first  day  of  A])iil,  IS!»1. 

The  said  eonipany  fui'ther  ai>ieos  to  employ  the  native  inhabitants 
of  said  islands  to  i)ei'form  such  labor  upon  the  islands  as  they  arc  fitted 
to  perform,  and  to  j)ay  therefor  a  fair  and  just  compensation,  such  as 
may  be  fixed  by  the  vSecretar\'  of  the  Treasury;  and  also  at>-rees  to  con- 
tritmte.  as  far  as  in  its  })ower,  all  reasonal)le  efforts  to  secure  the  com- 
fort, health,  education,  and  i)romote  the  morals  and  cixilization  of  said 
nati\  e  inhal)itants. 

The  said  company  also  agrees  faithfully  to  obey  and  a])ide  by  all 
rules  and  regulations  that  the  SiH'retary  of  the  Treasury  has  hereto- 
foi-e  or  may  hereafter  establish  or  make  in  pursuance  of  law  concei'n- 
ing  the  taking  of  seals  on  said  islands,  and  concerning  the  comfort, 
morals,  and  other  interests  of  said  inhabitants,  and  all  matters  per- 
taining to  said  islands  and  the  taking  of  seals  within  the  possession  of 
the  I'nited  States.  It  also  agrees  to  ol)ey  and  abide  b}'  any  restric- 
tions or  limitations  upon  the  right  to  kill  seals  that  the  Secretary  of 
the  Treasury  shall  judge  necessary,  nnder  the  law,  for  the  preserva 
tion  of  the  seal  fisheries  of  the  United  States;  and  it  agrees  that  it 
will  not  kill,  or  permit  to  be  killed,  so  far  as  it  can  prevent,  in  any 
year  a  greater  number  of  seals  than  is  authorized  by  the  Secretary  of 
the  Treasury. 

The  said  comi)an3'  further  agrees  that  it  will  not  permit  any  of  its 
agents  to  ket>p,  sell,  give,  or  dispose  of  any  distilled  spirits  or  spiritous 
liquors  or  opium  on  either  of  said  islands  or  the  waters  adjacent  thereto 
to  any  of  the  native  inhabitants  of  said  islands,  such  person  not  being 
a  physician  and  furnishing  the  same  for  use  as  a  medicine. 

It  is  understood  and  agreed  that  the  numl)er  of  fur  seals  to  be  taken 
and  killed  for  their  skins  upon  said  islands  l)v  the  North  American 
Commercial  Compan}^  during  the  year  ending  May  1st,  1801,  shall  not 
exceed  sixty  thousand. 

The  Seci'etary  of  the  Treasury  reserves  the  right  to  terminate  this 
lease  and  all  rights  of  the  North  American  Commercial  Company  under 
the  same  at  any  time  on  full  aifd  satisfactory  proof  that  the  said  com- 
pany has  violated  any  of  the  provisions  and  agreements  of  this  lease, 
or  in  any  of  the  laws  of  the  United  States,  or  any  Treasury  regulation 
respecting  the  taking  of  fur  seals  or  concerning  the  islands  of  St. 
George  and  St.  Paul  or  the  iidiabitants  thereof. 

In  witness  whereof  the  parties  hereto  have  set  their  hands  and  seals 
the  day  and  year  aljove  written. 

(Signed)  William  Windom, 

Sec7'etary  of  the  Ti'cto^iiry. 
North  American  Commercial  Company. 

[North  American  Commer-  Signed  by  I.  Liebes, 

eial    Compan}',    incorpo-  Pre-sldcnt  of  the  JVorth  Aiinri- 

rated  December,  1889.]  can  Coiiiiiiercial  iJinnpany. 

Attest: 

(Signed)     H.  B.  Parsons, 

Assistant  Recretary. 


38 


FUR-SEAL    AND    SALMON   FISHERIES    OF    ALASKA 


LAW  PERTAINING  TO  THE  SEAL  AND  SALMON   FISHERIES  OF  ALASKA 


Dec.  29,  1897. 
{30  Stnt.,2^().) 
Sec.  1. 


Sec.  2. 


Penalty. 

Sec.  .i. 


Sec.  I,. 


[As  modifie<l  by  act  of  Fel)ruary  1-1,  U)U8.] 

kifiing^ot^seaHn  "^^  citizeii  of  the  United  States,  nor  person  owing-  duty 
North  Pacific,  of  obcdience  to  the  hxws  or  the  treaties  of  the  United  States, 
nor  any  person  behjngino-  to  or  on  board  of  a  vessel  of  the 
United  States,  shall  kill,  capture,  or  hunt,  at  any  time  or 
in  any  manner  whatever,  any  fur  seal  in  the  waters  of  the 
Pacific  Ocean  north  of  the  thii'ty -fifth  deg'ree  of  north  lati- 
tude and  including'  Bering  Sea  and  the  sea  of  Okhotsk. 

No  citizen  of  the  United  States,  nor  person  al)ove  de- 
scribed in  section  one,  shall  e([uip,  use,  or  employ,  or  fur- 
nish aid  in  ec^uipping,  using,  or  emploving,  or  furnish 
supplies  to  an}^  vessel  used  or  employed,  or  to  be  used  or 
employed  in  carrying  on  or  taking  part  in  said  killing, 
capturing,  or  hunting  of  fur  seals  in  said  w^9,ters,  nor  shall 
any  vessel  of  the  United  States  be  so  used  or  employed. 

JEvery  person  g'uilty  of  a  violation  of  the  provisions 
of  this  Act,  or  of  any  regulations  made  thereunder,  shall, 
for  each  oli'ense,  l)c  fined  not  less  than  two  hundred  dol- 
lars or  more  than  twH)  thousand  dollars,  or  imprisoned 
not  more  than  six  month.s,  or  both;  and  every  vessel,  its 
tackle,  apparel,  furniture,  and  cargo,  at  any  time  used  or 
employed  in  violation  of  this  Act,  or  of  the  regulations 
made  thereunder,  shall  )  e  forfeited  to  the  United  States. 

If  any  vessel  of  the  United  States  shall  be  found  within 
the  waters  to  which  this  Act  applies,  having  on  board  fur- 
seal  skins  or  bodies  of  seals,  or  apparatus  or  implements 
suitable  for  killing  or  taking  seals,  it  shall  be  presumed 
that  such  vessel  was  used  or  (nnployed  in  the  killing  of 
said  seals,  or  that  said  appai'atus  or  implements  were  used 
in  violation  of  this  Act  until  the  contrary  is  pro^■ed  to  the 
satisfaction  of  the  court. 

Any  violation  of  this  Act  or  of  the  regulations  there- 
under may  be  prosecuted  either  in  the  district  court  of 
Alaska,  or  in  any  district  court  of  the  United  States  in 
California,  Oregon,  or  Washington. 

This  Act  shall  not  interfei-e  with  the  privileges  accorded 
to  Indians  dwelling  on  the  coast  of  the  United  States  under 
section  six  of  the  Act  of  April  sixth,  eighteen  hundred  and 
ninety-four,  ])ut  the  limitations  prescril)ed  in  said  Act  shall 
remain  in  full  force. 

This  Act  shall  not  afl'ect  in  any  way  the  killing  or  taking 
of  fur  seals  upon  the  Fribilof  Islands,  or  the  laws  of  the 
United  States  relating  thereto. 

Any  officer  of  the  Naval  or  Revenue- Cutter  Service  of 
the  United  States,  and  any  other  officers  duly  designated 
by  the  President,  may  search  anj-  vessel  of  the  United 
States  in  port  or  on  the  high  seas  suspected  of  having 
violated  or  of  having  an  intention  to  violate  the  provisions 
of  this  act,  and  may  seize  such  vessel  and  the  ofi'ending 
officers  and  crew  and  l)ring  them  into  the  mo.st  access! I)le 
port  of  the  States  and  Tei'ritory  mentioned  in  section  five 
of  this  Act  for  trial. 


Procedure 

Sec.  r<. 


Sec. 


R  i  g  li  t 
search. 

Sec.  8. 


FUR-SEAL    AND    SALMON   FISHERIES    OF    ALASKA  .^9 

The  iinportiition  into  tlie  United  States  by  iiny  person  """'••'• 
whiitsocverot"  t'ur-seul  skins  taken  in  the  Muteis  mentioned 
in  this  Act,  whether  I'tiw,  dressed,  dyed,  or  niiinufactured, 
is  herehv  j)roliil)ited,  and  all  snch  artick\>^  imported  after 
this  Act  shall  take  etlect  shall  not  be  permitted  to  ])e 
exported.  I)ut  shall  be  seized  and  destroyed  by  the  proper 
otKcers  of  the  I'nited  States. 

The  l*resi(UMit  shall  have  pi)wer   to  make  all  necessai-y    Hi-Kuiations. 
regulations  to  carry  this  Act  into  eli'ect. 

Whenever  the  Government  of  the  United  States  shall  Jr™!;;;^'^;;;;'; 
conclude  an   elh'ctive  international  arranu-ement  for  the  i'"j,e(i. 
protection  of  fur  seals  in  the  North  Pacitic  Ocean,  by  agree-    (»v  'sia't.,  1,72.) 
ment  with  any  power,  or  as  a  result  of  the  decision  of  the 
tribunal  of  arbitration  under   the  convention  concluded 
between  the  United  States  and  Great  Britain  Februar}'^ 
twenty-ninth,  eighteen   hundred  and  ninety-two,  and  so 
long  as  such  arrangement  shall  continue,  the  provisions  of 
section  nine  tccn  hundred  and  tifty-sixof  the  Revised  Stat- 
utes, and  1.11  Other  provisions  of  the  statutes  of  the  United 
States,  so  IV.r  as  the  same  may  be  applicabl(\  relative  to  the 
protection  of  fur  seals  and  other  fur-bearing  animals  within 
the  limits  of  Alaska  or  in  the  waters  thereof,  shall  be 
extended  to  and  over  all  that  portion  of  the  Pacific  Ocean 
included  in  suth  international  arrangement. 

Whene\"er  an  etfective  international  arrangement  is  con- 
cluded as  aforesaid,  it  shall  l)e  the  duty  of  the  President  to 
declare  that  fact  by  proclamation,  and  to  designate  the 
portion  of  the  Pacific  Ocean  to  which  it  is  applicable,  and 
that  this  ;;ct  has  become  operative;  and  likewise  when  such 
arrangement  ceases,  to  declare  that  fact  and  that  this  act 
has  become  ino])erative,  and  his  proclamation  with  respect 
thereto  shall  be  conclusive. 

During  the  extension  as  aforesaid  of  said  laws  for  the 
protection  of  fur  seals  and  other  fur-bearing  animals  all 
violations  thereof  in  said  designated  portion  of  the  Pacific 
Ocean  shall  l>e  held  to  be  the  same  as  if  committed  within 
the  limits  of  Alaska  or  in  the  waters  thereof,  but  they 
may  be  prosecuted  either  in  the  district  court  of  Alaska 
or  in  any  district  court  of  the  United  States  in  California, 
Oregon,  or  Washington. 

Whereas  the  following  articles  of  the  award  of  the  ff/sH;/^?,^) 
Tribunal  of  Arl)itration  constituted  under  the  treaty  con- 
cluded at  \\'ashington  the  twenty-ninth  of  February,  eight- 
een hnndred  and  ninety-two,  between  the  United  States 
of  America  and  Her  Majesty  the  Queen  of  the  United 
Kingdom  of  Great  Britain  and  Ireland  were  delivered  to 
the  agents  of  the  respective  governments  on  the  fifteenth 
day  of  August,  eighteen  hundred  and  ninety-three: 

The  governments  of  the  United  States  and  Great  Britian    -^  r « i  c  1  o  s   of 
shall  fort)id  their  citizens  and  subjects  respectively  to  kill, '  Art. ). 
caj)tuie,  or  pursue  at  any  time,  and  in  any  manner  Avhat- 
ever,  the  animals  conunonly  called  fur  seals,  Avithin  a  zone 
of  sixty  miles  around  the  Pril)ilor  Islands,  inclusive  of  the 
territorial  waters. 


40  FUR-SEAL    AND    SALMON    FISHEBIES    OF    ALASKA 

I'he  miles  mentioned  in  the  preceding  paragraph  are 
geographical  miles,  of  sixt}^  to  a  degree  of  latitud(\ 
■^rt-  2.  The  two  governments  shall  forbid  their  citizens  and  sub- 

jects respectively  to  kill,  capture  or  pursue,  in  any  manner 
whatever,  during  the  season  extending,  each  }■  ear,  from  the 
first  of  Ma}^  to  the  thirty-first  of  Juh",  both  inclusive,  the 
fur  seals  on  the  high  sea,  in  the  part  of  the  Pacific  Ocean, 
'nclusive  of  the  Bering  Sea,  which  is  situated  to  the  north 
of  the  thirty-fifth  degree  of  north  latitude,  and  eastward 
of  the  one  hundred  and  eightieth  degree  of  longitude  from 
Greenwich  till  it  strikes  the  water  boundary  described  in 
article  one  of  the  treaty  of  eighteen  hundred  and  sixty- 
seven  ])etween  the  United  States  and  Russia,  and  following 
that  line  up  to  Bering's  Straits. 
^rt.  s.  During  the  period  of  time  and  in  the  waters  in  which  the 

fur-seal  fishing  is  allowed,  only  sailing  vessels  shall  be  per- 
mitted to  carry  on  or  take  part  in  fur-seal  fishing*  operations. 
They  will  however  be  at  liberty  to  avail  themselves  of  the 
use  of  such  canoes  or  undecked  boats,  propelled  hy  paddles, 
oars,  or  sails,  as  are  in  connnon  use  as  fishing  boats. 
-^''-  '''•  Each  sailing  vessel  authorized  to  fish  for  fur  seals  must 

be  provided  with  a  special  license  issued  for  that  purpose 
by  its  Government,  and  shall  be  required  to  carry  a  dis- 
tinguishing flag  to  be  prescriVjed  by  its  Government. 
^'''-  "'•  The  masters  of  the  vessels  engaged  in  f u)--seal  fishing 

shall  enter  accurately  in  their  oflicial  log  book  the  date  and 
place  of  each  fur-seal  fishingoperation,  and  also  the  number 
and  sex  of  the  seals  captured  upon  each  day.  These  entries 
shall  be  communicated  })y  each  of  the  two  governments  to 
the  other  at  the  end  of  each  fishing  season. 

The  use  of  nets,  firearms  and  explosives  shall  be  for- 
bidden in  the  fur-seal  fishing.  This  restriction  shall  not 
apply  to  shotguns  when  such  fishing  takes  place  outside 
of  Behring  sea,  during  the  season  when  it  may  be  lawfully 
carried  on. 

The  two  governments  shall  take  measures  to  control  the 
fitness  of  the  men  authorized  to  engage  in  fur-seal  fishing; 
these  men  shall  have  ))een  proved  fit  to  handle  w  ith  suffi- 
cient skill  the  weapons  l)y  means  of  which  this  fishing  may 
be  carried  on. 

The  regulations  contained  in  the  preceding  articles  shall 
not  apply  to  Indians  dwelling  on  the  coast  of  the  territory 
of  the  United  States  or  of  Great  Britain,  and  carrying  on 
fur-seal  fishing  in  canoes  or  undecked  boats  not  trans- 
ported by  or  used  in  connection  with  other  vessels  and  pro- 
pelled wholly  by  paddles,  oars  or  sails  and  manned  ))}'  not 
more  than  five  persons  each  in  the  waj'  hitherto  practiced 
by  the  Indians,  provided  such  Indians  are  not  in  the 
employment  of  other  persons  and  provided  that,  when  so 
hunting  in  canoes  or  undecked  boats,  they  shall  not  hunt 
fur  seals  outside  of  territorial  waters  under  contract  for 
the  delivery  of  the  skins  to  any  person. 

This  exemption  shall  not  be  construed  to  afl'ect  the 
municipal  law  of  either  country,  nor  shall  it  extend  to  the 
waters  of  Behring  Sea  or  the  waters  of  the  Aleutian  Passes. 


AH.  e. 


FUR-S15AL    AND    SALMON    FISHERIES   OF    ALASKA  41 

Nothing  luMvin  contained  is  intondi'd  to  iiitcifcic  witli 
the  (Muplovinont  of  Iiuliiuis  as  iuint(M"s  or  otlicrwise  in  coii- 
iit'ctioii  witli  t'ur-sealiii<i'  vcssols  as  licretot'oiv. 

The  cotu'iinviit  reo-ulations  hereby  detei-inined  with  a    ''''■•'^' 
view  to  the  i)rot(H-ti()ii  and  preservation  of  tiu^  fur  seals, 
sliali  remain  in  force  until  thev  have  been,  in  wiioh'  or  in 
))art.  abolished  or  modified  ])y  eonnnon  aj4"reement  between 
th(^  oovernments  of  tlic  United  States  and  of  Great  Britain. 

The  said  concurrent  reg'uhitions  shall  l)e  su))niitted  e\ery 
live  years  to  a  new  examination,  so  as  to  ena))lc  ])oth  inter- 
ested o-overnnients  to  consider  whether,  in  the  lio-ht  of  past 
experience,  there  is  occasion  for  any  modification  thereof. 

No  citizen  of  the  United  States,"  or  person  owinp-  the    ^'"■'■\  enforcing 
duty    of  obedient'C    to    the    laws  or  the  treaties    of    the    J/jc  «,  ww. 
United  States,  nor  any  pei'son  beloiioino-  to  or  on  board  of    .s~a>.'L"'""  ''' 
a  vessel  of  the  United  States,  shall  kill,  capture,  or  pur- 
sue, at  any  time,  or  in  any  manner  whatever,  outside  of 
territorial  waters,  an^^  fur  seal  in  the  waters  surrounding- 
the  Tribilov  Islands  within  a  zone  of  sixty  geographical 
miles  (sixty  to  a  degree  of  latitude)  around  said  islands, 
inclusive  of  the  territorial  waters. 

No  citizen  of  the  I'  nited  States,  or  person  above  described  *'^-  ^^ 
in  section  one  of  this  act,  nor  any  person  belonging  to  or 
on  board  of  a  vessel  of  the  I'nited  States,  shall  kill,  cap- 
ture, or  pursue,  in  any  manner  whatever,  during  the  sea- 
son extending  from  the  tirst  day  of  May  to  the  thirty-tirst 
daA'  of  July,  both  inclusive,  in  each  year,  an}?^  fur  seal  on 
the  high  seas  outside  of  the  zone  mentioned  in  section  one, 
and  in  that  part  of  the  Pacific  Ocean,  including  Behring 
Sea,  which  is  situated  to  the  north  of  the  thirty-tifth  de- 
gree of  north  latitude  and  to  the  east  of  the  one  hundred 
and  eightieth  degree  of  longitude  from  Cireenwich  till  it 
strikes  tlie  water  boundary  described  in  article  one  of  the 
treaty  of  eighteen  hundred  and  sixt3"-seven,  between  the 
United  States  and  Russia,  and  following  that  line  up  to 
Behring  Straits. 

No  citizen  of  the  United  States  or  person  above  described,  ^er.  s. 
in  the  tirst  section  of  this  Act,  shall,  during  the  period  and 
in  the  waters  in  which  ])y  section  two  of  this  Act  the  kill- 
ing of  fur  s(>als  is  not  prohi])ited,  use  or  employ  any  ves- 
sel, nor  shall  any  vessel  of  the  United  States  be  used  or 
employed,  in  carrying  on  or  taking  part  in  fur-seal  lishing 
oj)erations,  other  than  a  sailing  vessel  propelled  by  sails 
exclusively,  and  such  canoes  or  undecked  boats,  propelled 
l)V  paddles,  oars,  or  sails  as  may  belong  to,  and  be  used  in 
connection  with,  such  sailing  vessel;  nor  shall  any  sailing- 
vessel  carry  on  or  take  part  in  such  operations  without  a 
special  license  obtained  from  the  (Toverimient  for  that  pur 
})ose,  and  without  carrying  a  distinctive  flag  prescribed  by 
the  (xovernment  for  the  same  purpose. 

Every  master  of  a  vessel  licensed  under  this  act  to  en-    scca. 
gage  in  fur-seal  fishing  operations  shall  at-curately  enter 
iu  his  official  log  book  the  date  and  place  of  everv  such 


42  FUR-SEAL    AND    SALMON    FISHERIES    OF   ALASKA 

operation,  and  also  the  number  and  sex  of  the  seals  cap- 
tured each  da}";  and  on  coniint^  into  port,  and  ])efore  land- 
ing cargo,  the  master  shall  verify,  on  oath,  such  official  log 
book  as  containing  a  full  and  true  statement  of  the  number 
and  character  of  his  fur-seal  fishing  operations,  including 
the  number  and  sex  of  seals  captured;  and  for  any  false 
statement  willfully  made  l)y  a  person  so  licensed  by  the 
United  States  in  this  behalf  he  shall  be  su])ject  to  the  pen- 
alties of  perjury;  and  any  seal  skins  found  in  excess  of  the 
statement  in  the  official  log  book  shall  be  forfeited  to  the 
United  States. 

Sec.ry.  No  person  or  vessel  engaging  in  fur-seal  fishing  opera- 

tions under  this  Act  shall  use  or  employ  in  any  such 
operations,  any  net,  hrearm,  airgun,  or  explosive:  Provided 
however,  That  this  prohibition  shall  not  apply  to  the  use  of 
shotguns  in  such  operations  outside  of  Behring  Sea  during 
the  season  when  the  killing  of  fur  seals  is  not  there  pro- 
hibited by  this  Act. 

*'•''•  The  foregoing  sections  of  this  act  shall  not  appfy  to 

Indians  dwelling  on  the  coast  of  the  United  States,  and 
taking  fur  seals  in  canoes  or  undecked  boats  propelled 
wholly  by  paddles,  oars,  or  sails,  and  not  tiansported  by  or 
used  in  connection  with  other  vessels,  or  manned  by  more 
than  live  persons,  in  the  manner  heretofore  practiced  ])y  the 
said  Indians:  Pror/ded,  hov:evei\  That  the  exception  made 
in  this  section  shall  not  apply  to  Indians  in  the  employ- 
ment of  other  persons,  or  who  shall  kill,  capture,  or  pur- 
sue fur  seals  outside  of  territorial  waters  under  contract  to 
deliver  the  skins  to  other  persons,  nor  to  the  waters  of 
Behring  Sea  or  of  the  passes  between  the  Aleutian  Islands. 

See.  7.  The  President  shall  have  power  to  make  regulations 

respecting  the  special  license  and  the  distinctive  Hag  men- 
tioned in  this  Act  and  regulations  otherwise  suital)le  to 
secure  the  due  execution  of  the  provisions  of  this  act,  and 
from  time  to  time  to  add  to,  modify,  amend,  or  revoke 
such  regulations,  as  in  his  judgment  may  seem  expedient. 

^ec-  s.  Except  in  the  case  of  a  master  making  a  false  statement 

under  oath  in  violation  of  the  provisions  of  the  fourth 
section  of  this  Act,  every  person  guilty  of  a  violation  of  the 
provisions  of  this  Act,  or  of  the  regulations  made  there- 
under, shall  for  each  offense  be  lined  not  less  than  two 
hundred  dollars,  or  imprisoned  not  more  than  six  months, 
or  both;  and  all  vessels,  their  tackle,  apparel,  furniture, 
and  cargo,  at  any  time  used  or  emploj'ed  in  violation  of 
this  Act,  or  of  the  regulations  made  thereunder,  shall  be 
forfeited  to  the  United  States. 

*«'•  ■'•  A  ny  violation  of  this  Act,  or  of  the  regulations  made 

thereunder,  may  l)e  prosecuted  either  in  the  district  court 
of  Alaska  or  in  any  district  court  of  the  United  States  in 
California,  Oregon,  or  Washington. 

Sec.  10.  jj;  ^j^y  unlicensed  vessel  of  the  United  States  shall  be 

found  within  the  waters  to  which  this  Act  applies,  and 
at  a  time  when  the  killing  of  fur  seals  is  by  this  Act  there 


fUR-SEAL    AND    SALMON   FISHERIES    OV   ALASKA'  43 

prohil)ited,  haviii**'  on  l»(»anl  soal  skins Oi-  bodies  of  seals. 
orMj)i)aratus,  or  iniplenients  suital)i(>  for  Uillinti-  or  takino- 
seals:  or  if  any  licenst'd  \-ess(d  shall  he  found  in  the  waters 
to  which  this  Act  applies,  havino-  on  hoar  I  apparatus  or 
implements  suitat)le  foi'  takiui^-  seals,  hut  foi'ltidden  then 
and  there  to  he  used,  it  shall  \)c  presumcnl  that  the  vessel 
in  the  one  ease  iind  the  apparatus  or  implemeids  in  the 
other  was  or  were  used  in  violation  of  this  Act  until  it  is 
otherwise  suftie'ently  proved. 

It  shall  he  the  duty  of  the  President  to  caust>  a  sutiieient  '^'"■-  ^'■ 
naval  force  to  eruis(>  in  the  watiM's  to  which  (his  Act  is  ap- 
plicable to  enforc(^  its  ])r()\isions,  and  it  siiall  \h\  the  duty 
of  the  eouunandinn'  olHcer  of  any  vessel  l)elon<4int>-  to  the 
naval  or  revenue  service  of  tlie  Unit(Hl  States,  when  so 
instruct(>d  by  th(^  President,  to  seize  and  arrest  all  vessels 
of  the  I  idted  States  found  by  him  to  be  engulfed,  used,  or 
employed  in  the  waters  last  aforesaid  in  violation  of  any 
of  the  prohibitions  of  this  .Vet,  or  of  any  reg-ulations  made 
thereunder,  and  to  take  the  same,  witliall  persons  on  board 
thereof,  to  the  most  convenient  port  in  any  district  of  the 
Tinted  States  mentioned  in  this  Act,  there  to  be  dealt  with 
accord ino'  to  law. 

Any  vt>ssel  or  citizen  of  the  United  States,  or  person  *'•  ^~- 
descril)e(l  in  the  first  section  of  this  Act,  oU'ending  against 
the  prohibitions  of  this  Act  or  the  regulations  thereunder, 
mav  be  seized  and  detained  hy  the  naval  or  other  duly 
connnissioned  oflicers  of  Her  ]\lajesty  the  Queen  of  Great 
Britain,  but  when  so  seized  and  detained  the}^  shall  be 
delivered  as  soon  as  practicable,  with  any  witnesses  and 
proofs  on  board,  to  any  naval  or  revenue  officer  or  other 
authorities  of  the  United  States,  whose  coui'ts  alone  shall 
have  jurisdiction  to  try  the  offense  and  impose  the  pen- 
alties for  the  same:  J'/'m'/'dcd,  h<ni'<rei\  That  British  ofhcers 
shall  arrest  and  detain  vessels  and  persons  as  in  this  sec- 
tion specified  only  after,  by  appropriate  legislation.  Great 
Ik'itain  shall  have  authorized  officers  of  the  United  States 
duly  connnissioned  and  instructed  by  the  President  to  that 
end  to  arrest,  detain,  and  delixer  to  the  authorities  of  Great 
Britain  vessels  and  subjects  of  that  Government  offending 
against  any  statutes  or  regulations  of  Great  Britain  enacted 
or  made  to  (Miforce  the  award  of  the  treaty  mentioned  in 
the  title  of  this  Act. 

No  person  shall  kill  any  otter,  mink,  mai'ten,  sable,  orjiJ^.^i;^''"'''"*^ 
fur-seal,  or  other  fur-l)earing  animal  within  the  limits  of    \^r)'%,,, 
Alaska  Territory,  or  in  the  Avaters  thereof;  and  every  per-    \ao  stat.'^'iVrii.) 
son  guilty  thereof  shall,  for  each  offense,  be  fin(^d  not  less    *^- -''''• 
than  two  hundred  nor  more  than  one  thousand  dollars,  or 
imprisoned  not  more  th;in  six  months,  or  ))oth;  and  all 
vessels,  tluMr  tackle,  apparel,  furniture  and  cargo,  found 
engaged  in  violation  of  this  section  shall  be  forfeited;  but 
the  Secretary  of  Commerce  and  Lal)or  shall  have  power  to 
authorize  the  killing  of  any  such  ndidv,  marten,  sable,  or 


44  FUE-SEAL    AND    SALMON    FISHERIES    OP    ALASKA. 

other  fur-bearing  animal,  except  fur-seals,  under  such  regu- 
lation as  he  ma}^  prescrilje;  and  it  shall  be  the  duty  of  the 
Secretary  of  Commerce  and  Laboi'  to  prevent  the  killing 
of  any  fur-seal,  and  to  provide  for  the  execution  of  the  pro- 
visions of  this  section  until  it  is  otherwise  provided  by  law; 
nor  shall  he  grant  special  privileges  under  this  section. 
inciudJi"^  ^""^  Section  nineteen  hundred  and  tifty-six  of  the  Revised 
Mar.ii,'iss!i  Statutes  of  the  United  States  is  hereby  declared  to  include 
El'rf."'"  ^'^"'^'^  i^iitl  apply  to  all  the  dominion  of  the  United  States  in  the 
waters  of  Behring  Sea;  and  it  shall  be  the  duty  of  the 
President,  at  a  timely  season  in  each  year,  to  issue  his 
proclamation  and  cause  the  same  to  be  published  for  one 
month  in  at  least  one  newspaper  if  any  such  there  l)e  pub- 
lished at  each  United  States  port  of  entry  on  the  Pacific 
coast,  warning  all  persons  against  entering  said  waters  for 
the  purpose  of  violating  the  provisions  of  said  section;  and 
he  shall  also  cause  one  or  more  vessels  of  the  United  States 
to  diligently  cruise  said  waters  and  arrest  all  persons,  and 
seize  all  vessels  found  to  be,  or  to  have  been,  engaged  in 
any  violation  of  the  laws  of  the  United  States  therein. 

Gew^e  MaSdf'      '^^^  islands  of  Saint  Paul  and  Saint  George,  in  Alaska, 
R.  s.,  1959.  ^'   are  declared  a  special  reservation  for  Government  purposes ; 
(so'sfatfilk)  ^^^  ^^^"til  otherwise  provided  b}^  law  it  shall  be  unlawful 
Hec.  m.'         for  an}^  person  to  land  or  remain  on  either  of  those  islands, 
except  by  the  authority  of  the  Secretary  of  Conmierce 
and  Labor;  and  any  person  found  on  either  of  those  islands 
contrary  to  the  provisions  hereof  shall  be  sunnnarily  re- 
moved; and  it  shall  be  the  duty  of  the  Secretary  of  War 
to  carry  this  section  into  efiect. 
.^Unlawful  seal-     jt  yhall  be  Unlawful  to  kill  any  fur-seal  upon  the  islands 
jj.  s.,  1960.^      of  Saint  Paul  and  Saint  George,  or  in  the  waters  adjacent 
(IS ktat.%^)     thereto,  except  during  the  months  of  June,  July,  Septem- 
fm'stat^^fsho )  ^^^^'  ^"^^  October  in  each  year  and  it  shall  be  unlawful 
Sec.  m'.'  ~      to  kill  such  seals  at  any  time  by  the  use  of  tire-arms,  or  by 
other  means  tending  to  drive  the  seals  away  from  those 
islands;  but  the  natives  of  the  islands  shall  have  the  priv- 
ilege of  killing  such  young  seals  as  may  be  necessary  for 
their  own  food  and  clothing  during  other  months,  and  also 
such  old  seals  as  may  be  required  for  their  own  clothing, 
and  for  the  manufacture  of  l)oats  for  their  own  use;  and 
the  killing  in  such  cases  shall  be  limited  and  controlled  by 
such  regulations  as  may  be  prescribed  by  the  Secretary  of 
Commerce  and  Labor. 
R.  >i.,i96i.  It  shall  be  unlawful  to  kill  any  female  seal,  or  an}^  seal 

\3ostat.''.i2so.)  ^Pss  than  one  year  old,  at  an}'^  season  of  the  year,  except  as 
sec.ns.  above  provided;  and  it  shall  also  be  unlawful  to  kill  any 

seal  in  the  waters  adjacent  to  the  islands  of  Saint  Paul 
and  Saint  George,  or  on  the  beaches,  clifl's,  or  rocks  where 
they  haul  up  from  the  sea  to  remain;  and  ever}'  person  who 
violates  the  provisions  of  this  or  the  preceding  section 
shall  ])e  punished  for  each  oii'ense  by  a  fine  of  not  less  than 
two  hundred  dollars  nor  more  than  one  thousand  dollars, 
or  by  imprisonment  not  more  than  six  months,  or  by  both 


FUK-SKAL    AND    SALMON    FISUKKIKS    OF    ALASKA  45 

.siu'li  lino  aiul  impiisonnuMit;  uiid  all  vosschs,  tlicir  taoklo, 
appaivl,  and  t'urnituro,  who.sc  crew.s  arc  found  enj^'aood  in 
the  violation  of  oitluM'  this  or  the  proccding-  section,  shall 
bo  forfoitod  to  tho  Unitod  States. 

When  tho  lease  herotofore  made  by  th(>  Secri^tary  of  lAfisinKof  i>ri- 
the  Treasiuv  to  '•'The  Alaska  C'oninieicial  (\)ini)aiiy/' of  ])^k,  im.i 
tho  ri*iht  to  oni^aye  in  takiiiij"  fur-seals  on  the  islands  of 
Saint  Paul  and  Saint  Ctooi-oc,  pursuant  to  the  act  of  July 
one,  one  thousand  oioht  hundrod  and  seventy,  ehapter  one 
hundred  and  eio-hty-nino,  \li.  S.  l!»r)T,  IJIOO-lUTl,  5293J  or 
^vhen  any  futui'o  similar  lease  expires,  or  is  surrendered, 
forfeited,  or  terminated,  tho  Socrotar}"  of  Connucrce  and 
Labor  shall  k^ise  to  proper  and  responsil)le  parties,  for  the 
best  advantage  of  the  United  States,  havino-  (hu>  reuai'd  to 
tho  interests  of  tho  GovernnuMit,  the  native  inhal)ita)its, 
their  comfort,  maintenance,  and  education,  as  well  as  to 
the  interests  of  tho  parties  heretofore  engaged  in  trade 
and  thoi)rotoction  of  the  lisheries,the  right  of  taking-  fur- 
seals  on  the  islands  heroin  named,  and  of  sending  a  vessel 
or  vessels  to  tho  islands  for  the  skins  of  such  seals,  for  the 
term  of  twenty  years,  at  an  annual  rental  of  not  less  than 
tiftv  thousand  dollars,  to  be  reserved  in  such  lease  and 
secured  by  a  deposit  of  United  States  1)onds  to  that  amount: 
and  every  such  lease  shall  1)0  duly  executed  in  duplicate, 
and  shall  not  be  transfera])le. 

Tho  Secretary  of  Commerce  and  Labor  shall  take  from  ^]'."\^^ "/Jf^^""^^^- 
the  lessees  of  such  islands  in  all  cases  a  bond,  with  secur- 
ities, in  a  sum  not  less  than  live  hundred  thousand  dollars, 
conditioned  for  the  faithful  observance  of  all  the  laws  and 
requirements  of  Congress,  and  the  regulations  of  the  Sec- 
retary of  Commerce  and  Labor,  touching  the  taking  of 
fur-seals  and  the  disposing  of  tho  same,  and  for  the  pay- 
ment of  all  taxes  and  duos  accruing  to  the  United  States 
connected  therewith. 

No  persons  other  than  American  citizens  shall  be  per-  -R-  '''••  ^'"'■^■ 
mitted,  ))y  lease  or  otherwise,  to  occupy  the  islands  of  Saint 
Paul  and  Saint  George,  or  either  of  them,  for  the  purpose 
of  taking  the  skins  of  fur-seals  therefrom,  nor  shall  any 
foreign  vessels  be  engaged  in  taking  such  skins;  and  the 
Secrotar}'  of  Connnerce  and  Labor  shall  vacate  and  declare 
anj'  lease  forfeited  if  the  same  be  held  or  operated  for  the 
use,  benefit,  or  advantage,  directly  or  indirectly,  of  any 
persons  other  than  American  citizens. 

P^very  lease  shall  contain  a  covenant  on  the  part  of  the^  spuituous  li- 
lessee  that  ho  will  not  keep,  sell,  furnish,  give,  or  dispose  R.'H.,i'.m. 
of  any  distilled  spirits  or  spirituous  litjuors  on  either  of 
those  islands  to  any  of  the  natives  thereof,  such  person 
not  being  a  physician  and  furnishing  the  same  for  use  as 
medicine;  and  every  revenue  ofliccn-,  officially  acting  as 
such,  on  either  of  tlie  islands,  shall  siezo  and  dosti'oy  any 
distilled  or  spiiituous  liijuors  found  thereon;  but  such  offi- 
cer shall  make  detailed  r(^ports  of  his  doings  in  that  matter 
to  the  collector  of  the  port. 


46 


FUK-SEAL    AND    SALMON    FISHEKIES    OF    ALASKA 


Trespassers. 
£.  ,S.,  1967. 


Exceeding 

gui  number. 

Ji.  S.,  1V6H. 


Revenue  tax. 


Alaska  i 
agents. 
R.  ,s.,  iyr.i 


R.  S.,  1971,. 


Eveiy  person  who  kills  any  fur-seiil  on  either  of  those 
isliinds,  or  in  the  waters  adjacent  thereto,  without  author- 
ity of  the  lessees  thereof,  and  e\'ery  person  who  molests, 
distur])S,  or  interferes  with  the  lessees,  or  either  of  them, 
or  their  agents  or  emplojxs,  in  the  lawful  prosecution  of 
their  business,  under  the  provisions  of  this  chapter,  shall 
for  each  ofl'ense  lie  punished  as  prescribed  in  section  nine- 
teen hundred  and  sixty-one;  and  all  vessels,  their  tackle, 
apparel,  appurtenances,  and  cargo,  w^hose  crews  are  found 
engaged  in  any  violation  of  the  provisions  of  sections  nine- 
teen hundred  and  sixty-live  to  nineteen  hundred  and  sixty- 
(Mght,  inclusive,  shall  be  forfeited  to  the  United  States. 

If  any  person  or  company,  under  an}'  lease  herein  au- 
thorized, knowinglv  kills,  or  permits  to  be  killed,  any  . 
number  of  seals  exceeding  the  mimber  for  each  island  in 
this  chapter  prescribed,  such  person  or  company  shall,  in 
addition  to  the  penalties  and  forfeitures  herein  pro^'ided, 
forfeit  the  whole  number  of  the  skins  of  seals  killed  in 
that  year,  or,  in  case  the  same  have  been  disposed  of,  then 
such  person  or  company  shall  forfeit  the  value  of  the  same. 

In  addition  to  the  annual  rental  required  to  be  reserved 
in  every  lease,  as  provided  in  section  nineteen  hundred  and 
sixty-three,  a  revenue  tax  or  duty  of  two  dollars  is  laid 
upon  each  fur-seal  skin  taken  and  shipped  from  the  islands 
of  Saint  Paul  and  Saint  George,  during  the  contimiancc 
of  any  lease,  to  l)e  paid  into  the  Treasury  of  the  United 
States;  and  the  Secretary  of  Commei'ce  and  Labor  is  em- 
powered to  make  all  needful  regulations  for  the  collection 
and  payment  of  the  same,  and  to  secure  the  comfort,  main- 
tenance, education,  and  protection  of  the  natives  of  those 
islands,  and  also  to  carry  into  full  effect  all  the  provisions 
of  this  chapter  except  as  otherwise  prescri])ed. 

The  Secretary  of  Commerce  and  Lalior  may  terminate 
any  lease  given  to  any  person,  company,  or  corporation  on 
full  and  satisfactor}"  proof  of  the  violation  of  any  of  the 
provisions  of  this  chapter  or  the  regulations  established 
by  him. 

The  lessees  shall  furnish  to  the  several  masters  of  vessels 
employed  b}'  them  certified  copies  of  the  lease  held  by  them 
respectively,  which  shall  be  presented  to  the  go\ernment 
revenue-oificer  for  the  time  being  wdio  may  be  in  charge 
at  the  islands  as  the  authority  of  the  party  for  landing  and 
taking  skins. 
ill  The  Secretary  of  Conmierce  and  Lal)or  is  authorized  to 
appoint  one  agent  and  three  assistant  agents,  who  shall  be 
charged  w4th  the  management  of  the  seal  fisheries  in  Alaska, 
and  the  performance  of  such  other  duties  as  may  be  assigned 
to  them  by  the  Secretary  of  C/ommerce  and  La))or. 

The  agent  shall  receive  the  sum  of  ten  dollars  each  da}', 
one  assistant  agent  the  sum  of  eight  dollars  each  day,  and 
two  assistant  agents  the  sum  of  si.\  dollars  each  day  while 
so  employed;  and  they  shall  also  be  allowed  their  neces- 
sary traveling  expenses  in  going  to  and  returning  from 
Alaska,  for  which  expenses  vouchers  shall  be  presented  to 


UNI'.  . 
FUR-SEAL    AND    SALMON   FISHERIES    OF    ALASKA  47 


r. 


tlir  projji'r  iU'couiitiu};'  otticors  of  the  Treu.surv.  ;iiul  such 
expiMiscs  shall  not  exceed  in  the  ao-gregatc  six  hundred 
dollars  each  in  any  one  year. 

Such  ajivnts  shall  never  bo  interested,  directl}'  or  indi-    a-,  n.,  ;.-«. 
rec'tlv.  in  any  lease  of   the  riuht  to  take  seals,  nor  in  an}' 
})r()ceeds  or  profits  thereof,  either  as  owner,  ai^'ent.  partner, 
or  otherwise. 

Sueh  aijcnts  ai'e  eni})o\vered  to  achninister  oaths  in  all    j<.s.,i'j76. 
eases  relatiiiu'   (o  the  service  of  the  United  States,  and  to 
take  testimony  in  Alaska  for  the  use  of  the  Government  in 
any  matter  eoneerning  the  public  revenues. 

The  <>-overnor  [of  Alaska]  shall  from  time  to  time  inquire    Report  tocon- 
into  the  operations  of  any  person,  company,  association,  or    j„„g«  ^y^^ 
corporation  authorized  bv  the  United  States,  ])y  contract  or    {^J^^^*^^-'  ^"-^ 
otherwise,  to  kill  seal  or  other  fur-bearino-  animals  in  the 
district,  and  any  and  all  violations   by  such  person,  com- 
l^any.  association,  or  corporation  of  the  agreement  with  the 
United  States  under  ^vhich  the  operations  are  being  con- 
ducted, and  sli:dl  annually  report  to  Congress  the  result  of 
such  iiit|uiries. 

SALMON'    FISHERIES. 

The  erection  of  dams,  barricades,  tish  wheels,  fences,  or    Aiaskn salmon 
any  such  fixed  or  stationary  obstructions  in  any  part  of   Va"Ti«9y 
the  rivers  or  streams  of  Alaska,  or  to  fish  for  or  catch  sal-    {so  stat,  izm.) 
mon  or  salmon  trout  in  any  manner  or  by  any  means,  with    '^'^•^'^^■ 
the  purpose  or  result  of  preventing  or  impeding  the  ascent 
of  salmon  to  their  spawning  ground,  is  hereby  declared  to 
be  unlawful,  and  the  Secretary  of  Commerce  and  Labor 
is  hereby  authorized  and  directed  to  remove  such  obstruc- 
tions and  to  establish  and  enforce  such  regulations  and 
surveillance  as  may  be  necessary  to  insure  that  this  prohi- 
bition and  all  other  provisions  of  law  relating  to  the  salmon 
fisheries  of  Alaska  are  strictly  complied  with. 

It  shall  be  unlawful  to  tish,  catci'h,  or  kill  any  salmon  of  .  unlawful  fish- 
any  variety  except  M'ith  rod  or  spear  above  the  tide  Avaters  ^  '!^/^.  _;^,y 
of  any  creeks  or  rivers  of  less  than  live  hundred  feet  v.idth 
in  the  Territory  of  Alaska,  except  ohh'  for  purposes  of 
propagation,  or  to  lay  or  set  any  drift  net,  set  net,  trap, 
pound  net,  or  seine  for  any  purpose  across  the  tide  waters 
of  any  river  or  stream  for  a  distance  of  more  than  one- 
third  of  the  width  of  such  river,  stream,  or  channel,  or  la}^ 
or  set  a!iv  seine  or  net  within  one  hundred  3'ards  of  any 
other  net  or  seine  which  is  being  laid  or  set  in  said  stream 
or  cliamud,  or  to  take,  kill,  or  tish  for  salmon  in  any  man- 
ner or  by  any  means  in  any  of  the  waters  of  the  Territory 
of  Alaska,  (>ither  in  the  streams  or  tide  waters,  except 
Cook  Inlet,  Prince  William  Sound,  Bering  Sea,  and  the 
waters  tril)utary  thereto,  from  midnight  on  P^riday  of  each 
week  until  six  o'clock  antemeridian  of  the  Sunday  follow- 
ing; or  to  tish  for  or  catch  or  kill  in  tuiy  manner  or  on 
any  ap))liance  except  by  rod  or  speai"  any  salmon  in  any 
stream  of  less  than  one  hundred  yards  in  width  in  the  said 
Territorv  of  Alaska  between  the  hours  of  six  o'clock  in 


48 


FUR-SEAL    AND    SALMON    FISHERIES    OF    ALASKA 


Close  seasons. 
Sec.  isi. 


Inspectors 
fisheries. 
Sec.  182. 


Penalty. 

Sec.  1S3. 


the  evening  and  six  o'clock  in  the  morning-  of  the  following 
day  of  eac^h  and  every  day  of  the  week. 

The  Secretary  of  Commerce  and  Labor  may,  at  his  dis- 
cretion, set  aside  any  streams  as  spawning  grounds,  in 
which  no  fishing  will  l)e  permitted;  and  when,  in  his  judg- 
ment, the  results  of  fishing  operations  on  an^^  stream  indi- 
cate that  the  numl^er  of  salmon  taken  is  larger  than  the 
capacity  of  the  stream  to  produce,  he  is  authorized  to 
establish  weekly  close  seasons,  to  limit  the  duration  of  the 
fishing  season,  or  to  prohibit  fishing  entirely  for  one  year 
or  more,  so  as  to  permit  salmon  to  increase:  Provided^ 
however^  That  such  power  shall  be  exercised  only  after 
all  persons  interested  shall  have  been  given  a  hearing,  of 
which  hearing  due  notice  must  ])e  given  l)y  publication: 
And  provided.  fui'tJ)et\  That  it  sliall  have  been  ascertained 
that  the  persons  engaged  in  catching  salmon  do  not  main- 
tain fish  hatcheries  of  sufficient  magnitude  to  keep  such 
streams  fully  stocked. 
of  To  enforce  the  provisions  of  law  herein  and  such  regu- 
lations as  the  Secretary  of  Commerce  and  Labor  may 
establish  in  pursuance  thereof,  he  is  authorized  and 
directed  to  appoint  one  inspector  of  fisheries,  at  a  salary 
of  one  thousand  eight  hundred  dollars  per  annum,  and 
two  assistant  inspectors,  at  a  sahay  of  one  thousand  six 
hundred  dollars  each  per  annum;  that  he  will  annually 
submit  to  Congress  estimates  to  cover  the  salaries  and 
actual  traveling  expenses  of  the  officers  [hereb}"]  authorized 
and  for  such  other  expenditures  as  may  be  necessary  to 
carry  out  the  provisions  of  the  law  herein. 

Any  person  violating  the  provisions  of  sections  one 
hundred  and  seventy  nine,  one  hundred  and  eighty,  and 
one  hundred  and  eighty-one  of  this  act  or  the  regulations 
esta))lished  in  pursuance  of  section  one  hundred  and 
eighty-two  of  this  act  shall,  upon  conviction  thereof,  be 
punished  by  a  line  not  exceeding  one  thousand  dollars  or 
imprisonment  at  hard  labor  for  a  term  not  exceeding 
ninety  days,  or  both  such  fine  and  imprisonment,  at  the 
discretion  of  the  court;  and,  further,  in  case  of  the  viola- 
tion of  any  of  the  provisions  of  section  one  hundred  and 
seventy-nine,  and  conviction  thereof,  a  further  fine  of  two 
hundred  and  fifty  dollars  per  diem  will  be  imposed  for 
each  day  that  the  obstruction  or  obstructions  therein  are 
maintained. 


i 


CHAT^TER  IV 
BUREAU  OF  CORPORATIONS 


''There  shall  bo  in  the  Depurtnient  of  Commerce  and    fs^'slat  ^^8^7 ) 
Labor  a  bureau  to  l)e  called  the  Bureau  of  Corporations,    *<•."«. 
and  a  Commissioner  of    Corporations   who  shall   be  the    commissioner. 
head  of  said  bureau,   to   be  appointed  by  the  President, 
who  sliall   receive  a  salary   of   Hve  thousand  dollars  per 
annum.     There  shall  also  j)e  in  said  bui'oau  a  d(>putv  com-    Deputy    com- 
missioner,  who  sliall   r(H-ei\e  a  salaiy  of   three  thousand 
five  hundred  dollars  pci"  annum,  and  who  shall  in  the  ab- 
sence of  the  Commissioner  act  as,  and  perform  the  duties  of, 
the  Conunissioner  of  Corporations,  and  who  shall  also  per- 
form such  other  duties  as  may  l)e  assigned  to  him  by  the 
Secretary  of  Conmierce  and  Labor  or  by  the  said  Com- 
missioner.    There  shall  also  l)e  in  the  said  bureau  a  chief    Employees. 
clerk  and  such  special  agents,  clerks,  and  other  employees 
as  ma}'  be  authorized  l)y  law. 

The  said  Commissioner  shall  have  power  and  authority    pxuies of  com- 
to  make,  under  th(^  dii'ection  and  control  of  the  Secretary  ™^*^'°"'^'^' 
of  Connnerce  and   Labor,  diligent  investigation  into  the 
organization,  conduct,  and  management  of  the  business  of 
any  corporation,  joint  stock  company  or  corporate  com- 
bination engaged  in  connnerce  am<^ng  the  several  States 
and  with  foreign  nations  excepting  connnon  carriers  sub- 
ject to  ""An  act  to  reo-ulate  connnerce,"  a})prov(Hl  February    corporations 
fourth,  eighteen  hundred  and  eighty-seven,  and  to  gather  ^^*^^^ '^ 
such  information  and  data  as  will  enable  the  Pi'esident  of 
the  United  States  to  make  reconnnendations  to  Congress 
for  legislation  for  the  regulation  of  such  connnerce,  and  to 
report  such  data  to  the  President  from  time  to  time  as  he 
shall  require;  and  the  information  so  o])tained  or  as  much 
thereof  as  the  President  may  direct  shall  be  made  public. 

In  order  to  accom])lish  the  purposes  declared  in  the  fore-    ^o.wer  of  com- 

.J..,-         ^,.  ii      ^     -i/i  •      •  I     11  1  micsioner. 

gomgpartof  this  section,  the  said  Commissioner  sliall  have 
and  exerci.se  the  same  power  and  authority  in  respect  to 
corporations,  joint  stock  companies  and  combi  nations  sul)- 
ject  to  the  provisions  hereof,  as  is  conferred  on  the  Inter- 
state Commerce  Commission  in  said  "Act  to  regulate 
conmierce  "  and  the  amendments  thereto  in  respect  to  com- 
mon carriers  so  far  as  the  same  may  l)e  applicable,  includ- 
ing the  right  to  subpcena  and  compel  the  attendance  and 
testimony  of  witnes.ses  and  the  production  of  documentary  wunesses""^^"^ 
evidence  and  to  administer  oaths.  All  the  iHMjuirements, 
obligations,  liabilities,  and  immunities  imposed  or  conferred 
by  said  '"Act  to  regulate  commerce"  and  bj^  ''An  Act  in 

"The  personnel  of  the  Bureau  is  provided  in  appropriation  act  on 
page  32. 

27628—04 4  49 


50  BUEEAU    OF    COKPOEATIONS 

relation  to  testimon}^  before  the  Interstate  Commerce  Com- 
mission," and  ,so  fortli,  approved  February  eleventh,  eight- 
een hundred  and  ninetv-three,  supplemental  to  said  '""Act 
to  regulate  commerce,"  shall  alsoappl}^  to  all  persons  who 
ma}^  be  subpoenaed  to  testify  i\H  witnesses  or  to  produce 
documentary  evidence  in  pursuance  of  the  authority  con- 
ferred by  this  section. 
Useful  infor-  It  shall  also  be  the  province  and  dut}-  of  said  bureau, 
implied.'"  '^^  under  the  direction  of  the  Secretary  of  Conmierce  and 
Labor,  to  gather,  compile,  publish,  and  supply  useful  in- 
formation concerning  corporations  doing  business  within 
the  limits  of  the  United  States  as  shall  engage  in  interstate 
commerce  or  in  commerce  ])etween  the  United  States  and 
Insurance  cor- any  foreign  countrv,  including  corporations  engaged  in 
"'°  '""°  insurance,  and  to  attend  to  such  other  duties  as  may  be 

hereafter  provided  by  law. 


porations. 


''regulation  of  commerce 
Carriers    and     ''pj^g  provisious  of  this  act  shall  appl v  to  any  common 

transportation  .1  .  i    •       ^i        v_  ^       • 

affected.  carrier  or  carriers  engaged  in  the  transportation  or  pas- 

m'statTs79.)  sengers  or  property'  wholly  by  railroad,  or  parti}'  by  rail- 
sec.iinpart.  ^q.^^  and  partly  by  water  when  both  are  used,  under  a 
common  control,  management,  or  arrangement,  for  a  con- 
tinuous carriage  or  shipment,  from  one  State  or  Territory 
of  the  United  States,  or  the  District  of  Columbia,  to  any 
other  State  or  Territory  of  the  United  States,  or  the  Dis- 
trict of  Columbia,  or  from  any  place  in  the  United  States 
to  an  adjacent  foreign  country,  or  from  any  place  in  the 
United  States  through  a  foreign  countrv  to  any  other  place 
in  the  United  States,  and  also  to  the  transportation  in  like 
manner  of  property  shipped  from  any  place  in  the  United 
States  to  a  foreign  country  and  carried  from  such  place  to 
a  port  of  transshipment,  or  shipped  from  a  foreign  coun- 
try to  aii}^  place  in  the  United  States  and  carried  to  such 
place  from  a  port  of  entry  either  in  the  United  States  or 
an  adjacent  foreign  countiy:  ProvUled^  however.  That  the 
provisions  of  this  act  shall  not  apply  to  the  transportation 
of  passengers  or  property,  or  to  the  receiving,  delivering, 
storage,  or  handling  of  property,  wholly  within  one  State, 
and  not  shipped  to  or  from  a  foreign  countrv  from  or  to 
any  State  or  Territory  as  aforesaid. 

.^'A^>f}}l?^r^}i^     The  term  "railroad"  as  used  in  this  act  shall  include  all 

and  "transporta- ,      .  _  i   ,.         •  i  i  •  •  •   i 

tion"  defined,     bridges  and  femes  used  or  operated  m  connection  with  any 

railroad,  and  also  all  the  road  in  use  by  any  corporation 

operating  a  railroad,  whether  owned  or  operated  under  a 

contract,  agreement,  or  lease ;  and  the  term ' '  transportation" 

shall  include  all  instrumentalities  of  shipment  or  carriage. 

uies^^of°^rat^^s     EvciT  coiiimon  carrier  subject  to  the  provisions  of  this 

filed.  act  shall  tile  with  the  Commission  hereinafter  provided  for 

as  awcjiied^ar!  copies  of  its  schedulcs  of  ratcs,  fares,  and  charges  which 

^'i25%tat  s.'is)  h^'^'G  been  established  and  published  in  compliance  with 

the  requirements  of  this  section,  and  shall  promptly  notify 

said  Commission  of  all  chaup-es  made  in  the  same.     Everv 


I 


«The  portions  of  the  interstate-commerce  laws,  here  given,  are  evi- 
dently applicable  to  the  Bureau  of  Corporations. 


BUREAU    OF    COKroKATIONS  51 

siK'li  common  cjirrier  shall  also  file  with  said  (Commission 
copies  of  all  contracts,  at^n'omcnts,  or  arrano'cmcnts  with  ,.,  j^,^  ,,,•  ,.y„. 
other  common  carriiM's  in  relation  to  any  ti'afiic  atl'cctcd  by  tnutscici. 
the  provisions  of  this  act  to  which  it  may  he  a  party.  And 
in  cases  ■\vhere  passcn^'crs  and  frcitiht  pass  over  continuous 
lines  or  routes  operated  hy  more  than  one  common  carrier, 
and  the  several  common  carriers  operating  such  lin(\s  or 
routes  establish  joint  tariffs  of  rates  or  fares  or  charges 
for  such  continuous  lines  or  routes,  copies  of  such  joint 
tariffs  shall  also,  in  like  manner,  be  iilcd  with  said  Com- 
mission.     *      *     * 

The  Connnission  mav  determim^  and  prescribe  the  form    eommission 
m  which  the  scheduli^s  reifuired  by  tins  section     ^     *     ^  ,„pn,^  „f  n,.hed- 
shall  be  prepared  and  arranged,  and  may  change  the  form  "i^^"' "^  ratoM. 
from  time  to  time  as  shall  be  found  expedient. 

If  any  such  common  carrier  shall  negh^ct  or  refuse  to 
tile  *  *  *  its  schedules  or  tariffs  of  rates,  fares,  and 
charges  as  provided  in  this  section,  or  any  part  of  the  same, 
such  connnon  carrier  shall,  in  addition  to  other  penalties  ivimiues  for 
herein  prescri])ed,  be  subject  to  a  writ  of  mandamus,  to  "f^'eia  to  lUe 
be  issued  ))y  any  circuit  court  of  the  United  States  in  the 
judicial  district  wherein  the  principa4  office  of  said  com- 
mon carrier  is  situated,  or  wherein  such  offense  may  be 
committed,  and  if  such  common  carrier  l)e  a  foreign  cor- 
l)oration  in  the  judicial  circuit  wherein  such  common  car- 
rier accepts  traffic  and  has  an  agent  to  perform  such  service, 
to  compel  compliance  with  the  aforesaid  provisions  of  this 
section;  and  such  writ  shall  issue  in  the  name  of  the  peo- 
ple of  the  United  States,  at  the  relation  of  the  Commis- 
sioners appointed  under  the  provisions  of  this  act;  and  the 
failure  to  comply  with  its  requirements  shall  be  punish- 
able as  and  for  a  contempt;  and  the  said  Commissioners, 
as  complainants,  ma}'  also  apply,  in  any  such  circuit  court 
of  the  United  States,  for  a  writ  of  injunction  against  such 
common  carrier,  to  restrain  such  common  carrier  from 
receiving  or  transporting  property  among  the  several 
States  and  Territories  of  the  United  States,  or  between 
the  United  States  and  adjacent  foreign  countries,  or 
between  ports  of  transshipment  and  of  entry  and  the  sev- 
eral States  and  Territories  of  the  United  States,  as  men- 
tioncnl  in  the  first  section  of  this  act,  until  such  common 
carrier  shall  have  complied  with  the  aforesaid  provisions 
of  this  section  of  this  act. 

Any  common  carrier  subject  to  the  provisions  of  this    Penalties  for 

i       "  1  1  •       '■'  ,.  violations  of  act. 

act,  or,  whenever  such  common  carrier  is  a  corporation,    .sw.  lo.  in  part 
any  director  or  officer  thereof,  or  any  receiver,  trustee, ","  1'^!!,','"'"'  "-"• 
lessee,  agent,  or  person,  acting  for  or  emplo^-ed  by  such  '  {^5,stat.,s57.) 
corporation,   who,  alone  or  with  any  other  corporation, 
com])any,  person,  or  party,  shall  willfully  do  or  cause  to 
be  (lone,  or  shall  willingly  suffer  or  permit  to  be  done, 
any  act,  matter,  or  thing  in  this  act  prohibited  or  declared 
to  be  unlawful,  or  who  shall  aid  or  at)et  therein,  or  shall 
willfully  omit  or  fail  to  do  any  act,  matter,  or  thing  in 
this  act  required  to  be  done,  or  shall  cause  or  willingly 


52  BUREAU    OF    CORPORATIONS 

suffer  or  permit  any  act,  matter,  or  thing-  so  directed  or 
required  by  this  act  to  be  done  not  to  be  so  done,  or  shall 
aid  or  al)et  any  such  omission  or  failure,  or  shall  be  guilty 
of  any  infraction  of  this  act,  or  shall  aid  or  abet  therein, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon 
conviction  thereof  in  any  district  court  of  the  United  States 
within  the  jurisdiction  of  which  such  offense  was  com- 
mitted, be  subject  to  a  fine  of  not  to  exceed  five  thousand 
dollars  for  each  offense.     *     '^^     * 

Power   and     ^he  Commission  hcrebv  created  shall  have  authoritv  to 

duty  of  Commis- .  •        •     .      .1  '      i     j^  xU     i        •  i?      1 1 

sion.  inquii'e  into  the  management  ot  the  busuiess  of  all  common 

amended^ Ji'ar. ''I,  ^'^'^'^'^^'^'^  su))ject  to  the  provisions  of  this  act.  and  shall  keep 
^^l%stat  858)   i^^^^^  informed  as  to  the  manner  and  method  in  which  the 
Feb'.io,'i89i.'     same  is  conducted,  and  shall  have  the  right  to  obtain  from 
(26  Stat.,  7/,3.)  g^^^;]^  conuuon  carriers  full  and  complete  information  neces- 
sary to  enable  the  Commission  to  perform  the  duties  and 
carry  out  the  ol)jects  for  which  it  was  created;   and  the 
Commission  is  hereby  authorized  and  required  to  execute 
and  enforce  the  provisions  of   this    act;    and,   upon    the 
District  attor- rcqucst  of  tlic  Couiuiission,  it  shall  be  the  dutv  of  any 
"'^^■'•'P''"""'^"*^'- district  attorney  of -the  Unifed  States  to  whom  the  Com- 
mission may  apply  to  institute  in  the  proper  court  and  to 
prosecute  under  the  direction  of  the  Attornev-General  of 
the  United  States  all  necessary  proceedings  for  the  enforce- 
ment of  the  provisions  of  this  act,  and  for  the  punishment 
penses^  o  Uprose-  ^^  ^^^  violations  thereof;  and  the  costs  and  expenses  of  such 
cntion.  prosccution  shall  l)e  paid  out  of  the  appropriation  for  the 

qvUre"^  attend- cxpcnscs  of  the  courts  of  the  United  States;  and  for  the 
ance,  etc.  purposes  of  tliis  act  the  Connuission  shall  have  power  to 

require,  by  subpoena,  the  attendance  and  testimony  of  wit- 
nesses and  the  production   of  all   1)0()ks,  papers,  tariff's, 
contracts,   agreements,    and   documents    relating    to   any 
matter  under  investigation. 
Aid  <;f  courts  to      Sucli  attendance  of  witnesses,  and  the  i^roduction  of  such 

compelwitnesses  -,  ,  .  -,  ,  •        i     ,•  1 

to  attend.  documentary  evidence,  may   be  required  from  any  place 

in  the  United  States,  at  any  designated  place  of  hearing. 
And  in  case  of  disobedience  to  a  subpcena  the  Commission, 
or  any  party  to  a  proceeding  before  the  Commission,  may 
invoke  the  aid  of  any  court  of  the  U^nited  States  in  requir- 
ing the  attendance  and  testimony  of  witnesses  and  the  pro- 
duction of  books,  papers,  and  documents  under  the  provi- 
sions of  this  section. 
Penalty fordis-      x^\\A  any  of  tlic  cii'cuit  courts  of  the  United  States  within 

obedience.  .  1       •       •     V-    .  •  e       1  •    1  1    •  •         •  •     i 

the  jurisdiction  ot  which  such  mquiiy  is  carried  on  mav,  in 
case  of  contumacy  or  refusal  to  obey  a  subpcena  issued  to 
any  common  carrier  subject  to  the  provisions  of  this  act,  or 
other  person,  issue  an  order  retiuiring"  such  common  carrier 
or  other  person  to  appear  before  said  Commission  (and  pro- 
duce books  and  papers  if  so  ordered)  and  give  evidence 
touching  the  matter  in  question;  and  any  failure  to  ol)ey 
such  order  of  the  court  may  be  punished  l)y  such  court  as 
a  contempt  thereof.  The  claim  that  any  such  testimony  or 
evidence  may  tend  to  criminate  the  person  giving  such 
evidence  shall  not  excuse  such  witness  from  testif  ving;  but 


BUREAU    OF    CORPORATIONS  53 


if     tli<»      'IVstiiiioiiy    by 


such  i'\  idciu-o  or  ti'stinioiiy  shall  not  ho  used  against  such 
poison  on  tho  trial  of  any  criminal  piocoodino-. 

Tho  testimony'  of  any  witness  may  ho  taken,  ; 
instance  of  a  i)arty,  in  any  procoeding  or  invostij^ation 
doptMidiny  hoforo  tho  Commission,  l)y  deposition,  at  any 
time  after  a  cause  or  procoodino-  is  at  issue  on  ])etiti()n  and 
answer.  The  Commission  may  also  order  t(>stimony  to  ho 
laktMi  liy  deposition  in  any  procoodino-  or  investi<;ati()n 
jiendino-  heforo  it,  at  any  sla^o  of  such  ])roc(M>dino-  or  inx cs- 
tit^ation.  Such  depositions  may  1»(^  taken  Ixd'oro  any  judt^o 
of  any  court  of  the  United  States,  or  any  commissioner  of  a 
circuit,  or  any  clerk  of  a  district  or  circuit  court,  or  any 
chancellor,  justice,  or  judoe  of  a  supreme  or  superior  court, 
mayor  or  chief  mao'istrato  of  a  city,  judge  of  a  county  court, 
or  court  olcommon  pleas  of  any  of  the  United  States,  or 
any  notary  pu))lic,  not  beino-  of  counsel  or  attorney  to  eit  her 
of  the  parties,  nor  interested  in  the  o\ontof  the  proceeding 
or  investigation.  Koasonal)lo  notice  nuist  first  he  given  in 
writing  by  the  party  or  his  attorney  proposing  to  take  sucli 
deposition  to  the  opposite  party  or  his  attorney  of  record, 
as  either  may  1)0  nearest,  which  notice  shall  state  the  name 
of  the  witness  and  the  time  and  place  of  the  taking  of  his 
deposition.  Any  person  may  be  compelled  to  appear  and 
depose,  and  to  produce  documentar}'  evidence,  in  the  same 
manner  as  witnesses  may  be  compelled  to  appear  and  tes- 
tify and  produce  documontar}'  evidence  before  the  Com- 
mission as  hereinbefore  provided. 

Every  person  deposing  as  herein  provided  shall  be  can-  iHg^eposit'in'ni^ 
tionod  and  sworn  (or  athrm,  if  he  so  request)  to  testify  the 
whole  truth,  and  shall  1)0  carefully  examined.  His  testi- 
mony shall  be  reduced  to  writing  by  the  magistrate  taking 
the  deposition,  or  under  his  direction,  and  shall,  after  it  has 
))een  reduced  to  writing,  })e  subscri})ed  by  the  deponent. 

If  a  witness  wdiose  testimony  may  bo  desired  to  1)0  taken  foreig^Tniiurv" 
by  deposition  bo  in  a  foreign  country,  the  deposition  may 
be  taken  before  an  officer  or  person  designated  l)v  the  Com- 
mission, or  agreed  upon   by  the  parties  by  stipulation  in    Depositions 
writing  to  be  tiled  with  tho  Commission.     All  depositions  comndsiion. 
nnist  be  promptly  tiled  with  tho  Commission. 

Witnesses  whose  depositions  are  taken  pursuant  to  this^g^m^^^/jj  ^^; 
act,  and  the  magistrate  or  other  officer  taking  the  same,  istrates. 
shall  severally  be  entitled  to  the  same  fees  as  are  paid  for 
like  services  in  the  courts  of  the  United  States. 

Any  person,  tirm,  corporation,  or  association,  or  fmy  (.^^j'^™?'^]!"/''  *" 
mercantile,  agricultural,  or  mamifacturing  socic't}^  or  any  Sec.  is. 
body  politic  or  municipal  organization  complaining  of  any- 
thing done  or  omitted  to  be  done  by  an}^  connnon  carrier 
subject  to  the  provisions  of  this  act  in  contravention  of 
the  provisions  thereof,  may  apply  to  said  Commission  by 
petition,  which  shall  l)riofly  state  tho  facts;  whereupon  a 
statement  of  the  charges  thus  nuuh;  shall  1)0  forwarded  by 
tho  Connnission  to  such  conunon  carrier,  who  shall  be  called 
upon  to  satisfy  the  com])laint  oi"  to  answer  tho  same  in 
writing  within  a  reasonable  tin!(\  to  be  specitiod  by  the 


54  BUREAU    OF    CORPORATIONS 

of!?.mS\l^'.y^'0"""i'^'^i^"-  *  *  *  ^^  «^i^"l*  currier  .shiill  not  stitisfy 
uio  Commission,  the  eoiiiplaiiit  within  the  time  specified,  or  there  shall 
appear  to  be  any  rcasona))le  ground  for  investigating-  said 
complaint,  it  shall  l)e  the  dut}"  of  the  Commission  to  inves- 
tigate the  matters  complained  of  in  such  manner  and  by 
such  means  as  it  shall  deem  proper. 
Complaints  by      gaid  Commission  shall  in  like  manner  investigate  any 

state       railroad  i-.<-  iii^i  -i  t  ••  •! 

commissions.  complamt  lorwardcd  by  the  rauroad  commissioner  or  rail- 
road commission  of  any  State  or  Territory,  at  the  request 
of  such  commissioner  or  commission,  and  may  institute 
any  inquiry  on  its  own  motion  in  the  same  manner  and  to 
the  same  effect  as  though  complaint  had  l)een  made. 

No  complaint  shall  at  any  time  be  dismissed  because  of 
the  absence  of  direct  damage  to  the  complainant. 

repo™taves°tj'g!i°  Whenever  an  investigation  shall  be  made  by  said 
^'"s"^'  •/  Commission,  it  shall  be  its  duty  to  make  a  report  in  writing 

as aviended  ^Mar.  in  respcct  thereto,  which  shall   include   the   findings    of 
^' i25%tat.,  859.)  fact  upon  which  the  conclusions  of  the  Commission  are 
Finding's    are  basccl,     *     *     *     and  such  findings  so  made  shall  there- 

pnma  facie  evi-     ,.,  •  ii     •      i-    •    i  t  i        i  i  •  j-      • 

dence.  after,  lu  all  judicial  proceedings,  he  deemed  prima  facie 

evidence  as  to  each  and  every  fact  found. 

uniVd  st"t*°  Whenever  any  common  carrier,  as  defined  in  and  sub- 
courts,  ject  to  the  provisions  of  this  act,  shall  violate,  or  refuse 
as^amendldmr.  ^i'  neglect  to  obcy  or  i)erform  any  lawful  order  or  re({uire- 
^' ^f ^^^  .   „    ^  ment  of  the  Commission  created  by  this  act,  not  founded 

(25  Stat.,  859.)  .  .    .  '.     ■    1     T  • 

upon  a  controversy  requiring  a  trial  b}-  ]ury,  as  pro- 
vided by  the  seventh  amendment  to  the  Constitution  of 
the  United  States,  it  shall  be  lawful  for  the  Commission 
or  for  any  company  or  person  interested  in  such  order  or 
requirement,  to  apply  in  a  summary  way,  by  petition, 
to  the  circuit  court  of  the  United  States  sitting  in  equity 
in  the  judicial  district  in  which  the  common  carrier  com- 
plained of  has  its  principal  office,  or  in  which  the  vio- 
lation or  disobedience  of  such  order  or  requirement  shall 
happen,  alleging  such  violation  or  disobedience,  as  the  case 
may  be;  and  the  said  court  shall  have  power  to  hear  and 
determine  the  matter,  on  such  short  notice  to  the  common 
Pow  e  r  of  carrier  complained  of  as  the  court  shall  deem  re!tsoiial)le;  and 
courts.*^  ^^^^'^^  such  notice  may  be  served  on  such  common  carrier,  his  or 
its  officers,  agents,  or  servants  in  such  manner  as  the  court 
shall  direct;  and  said  court  shall  proceed  to  hear  and  de- 
termine the  matter  speedily  as  a  court  of  equity,  and  with- 
out the  formal  pleadings  and  proceedings  applicable  to 
ordinal'}^  suits  in  equity,  but  in  such  manner  as  to  do  justice 
in  the  premises;  and  to  this  end  such  court  shall  have  i)ower. 
if  it  think  fit,  to  direct  and  prosecute  in  such  mode  and  by 
such  persons  as  it  may  appoint,  all  such  inquiries  as  the 
court  may  think  needful  toena1)le  it  to  form  a  just  judgment 
in  the  matter  of  such  petition;  and  on  such  hearing  the 

.dma'facie^evf  ^'^*^^^"8'''  ^^  ^'^^'^  ^"  ^^^  report  of  Said  Commissiou  shall  be 

dence.  prima  facie  evidence  of  the  matters  therein  stated;  and  if  it 

be  made  to  appear  to  such  court,  on  such  hearing  or  on 

report  of  any  such  person  or  persons,  that  the  lawful  order 

or  requirement   of   said   Commission   drawn  in  question 


BUREAU    OF    CORPORATIONS  55 

lias    hciMi    \  iolatod    or  disolx'ViMl,   it   sliall    We   lawlul   I'oi' 
such  court  to  issue  a  writ  of  iiijuuctioM  <>i"  other  pro))Prj„)),.[/,,'„'*,,"/,,,jJ,'^ 
process,  inaiulatorv  or  other\vis(>,  to  restrain  such   com- ("•""■y^'s    uguinst 
inon  carrier  from  further  continuing  such  vioUition  or  (lis-  *'""'^'''"'- 
ol)e(lience  of  such  orderor  re(|uirenient  of  saidConnnission, 
and  enjoinino*  obedience  to  the  same;  and  in  case  of  any 
disobedience  of  any  such  writ  of  injunction  or  other  ])rop(M" 
pi-ocess.  mandatory  or  otherwise,  it  shall  be  lawful  for  such 
court  to  issu(^  writs  of  attachment,  or  any  otiier  ])rocess  of 
said  court  incident  or  a])plicable  to  writs  of  injunction  or 
other  j)roper  ])rocess.  mandatory  or  otherwise,  a^'ainstsuch 
conunon carrier,  and  if  acorporation,  ag-ainstone  ormore of 
the  directors,  otticers.  or  ao-ents  of  the  same,  or  aoainst  any 
owner,  lessee,  trustee,  receiver,  or  other  person  failing  to 
obey  such  writ  of  injunction,  or  other  proper  process,  man- 
datory or  otherwise;  and  said  court  may,  if  it  shall  think 
tit,  make  an  order  directing  such  common  carrier  or  other 
person  so  disol)eying  such  writ  of  injunction  or  other  proper 
process,  mandatory  or  otherwise,  topay  such  sum  of  money.    Punishment 
not  exceeding  for  each  carrier  or  person  in  default  the  sum  obe>^vdt.s  ol  in^ 
of  five  hundred  dollars  for  every  da3%  after  a  day  to  beJ""*^^^""- 
named  in  the  order,  that  such  carrier  or  other  person  shall 
fail  to  obey  suih  injunction  or  other  proper  process,  man- 
datory or  otherwise;  and  such  moneys  shall  be  paj'able  as 
the  court  shall  direct,  either  to  the  party  complaining  or 
into  court,  to  abide  the  ultimate  decision  of  the  court, 
or  into  the  Treasury;  and  pa3mient  thereof  may,  without 
prejudice  to  any  other  mode  of  recovering  the  same,  be 
enforced  by  attachment  or  order  in  the  nature  of  a  writ  of 
execution,  in  like  manner  as  if  the  same  had  l)een  recovered 
by  a  final  decree  in  personam  in  such  court.     When  the 
subject  in  dispute  shall  be  of  the  value  of  two  thousand 
dollars  or  more,  either  party  to  such  proceeding  before  said 
court  may  appeal  to  the  Supreme  Court  of  the  United  j.^yPP^f-ourt^oi 
States,  under  the  same  regulations  now  provided  bylaw  in  inited  states. 
respect  of  security  for  such  appeal;  but  such  appeal  shall 
not  operate  to  stay  or  supersede  the  order  of  the  court  or 
the  execution  of  anv  writ  or  process  thereon;  and  such 
court  may,  in  every  such  matter,  order  the  payment  of  such    costsandcoun- 
costs   and   counsel    fees  as  shall    be  deemed   reasonable,  sei  fees. 
Whenever  anv  such  petition  shall  be  tiled  or  presented  by 
the  Conmiission  it  shall  be  the  duty  of  the  district  attorney,  attorneys. 
under  the  direction  of  the  Attornev-General  of  the  United 
States,  to  prosecute  the  same;  and  the  costs  and  expenses penses  of  prose- 
of  such  prosecution  shall  l)e  paid  out  of  the  appropriatioti  '■"''*^"^- 
for  the  expenses  of  the  courts  of  the  United  States. 

The  Conunission  may  conduct  its  proceedings  in  such  ^.^.^"™  "^  p''°" 
niainier  as  will   best  conduce   to  the  proper  dis]:)atcli  of    •'^'f-    '~.    «« 

I,.:  1.        ii  1  ,.    •        ■•  »•       •.  /'ji       amended  Mar.  2, 

husMiess  and  to  the  ends  of  justice.     A  majority  of  the  isso. 
Commission  shall  constitute  a  quorum  for  tlie  transaction    i-^ *<«<•. ««i) 
of  business,  l)ut  no  Commissioner  shall  participate  in  an}' 
hearing   or    proceeding  in   which  he  has  any  pecuniary 
interest.     Said  Commission  may,  from  time  to  tmie,  make 
or  amend  such  general  rules  or  orders  as  ma}'  be  re(iuisite 


56  BUREAU    OF    CORPORATIOINTS 

for  the  order  and  regulation  of   i)roceoding-s  before   it, 
includino-  forms  of  notices  and  the  service  thereof,  which  M 
shall  conform,  as  nearh'  as  may  be,  to  those  in  use  in  the    * 
pear'^beiOTc^Te  courts  of   the   United    States.     Any  party   may  appear 
Commission  in  be foi-e  said  CoDimission  and  be  heard,  in  person  or  by 
torney.*^'^   ^  '^   attorney.     Every     *     *     *     official  act  of  the  Commis- 
sion shall  be  entered  of  record.     *     *     *     g^^id  Commis- 
officiaiseai.     sion  shall  havc  an  official  seal,  which  shall  be  judicially 
noticed.     p]ither  of  the  members  of  the  Commission  may 
administer   oaths   and    affirmations   and    sig-n   subpoenas. 

Witness  fees.        *     *     *     Witnesses  summoned  before  the  Commission 
,svr.  IS,  in  part,  j^j^^jj  ]-)g  p^^j^-]  |-j^p  sauic  fccs  and  mileage  that  are  paid  wit- 
nesses in  the  courts  of  the  United  States. 
Expenses  of      All  of  the  expeuscs  of  the  Commission,  including  all  nec- 
— how^paid!****'""  essary  expenses  for  transportation  incurred  by  the  Com- 
missioners, or  by  their  employees  under  their  orders,  in 
making  any  investigation,  or  upon  official  business  in  any 
other  places  than  in  the  city  of  Washington,  shall  be  al- 
lowed and  paid  on  the  presentation  of  itemized  vouchers 
therefor  approved  by  the  chairman  of  the  Counnission. 

Principaioffiee      The  principal  office  of  the  Commission  shall  be  in  the 

sion.  ^   '^         city  of  Washington,  where  its  general  sessions  shall  l)e 

Sec.  10.  held;  but  whenever  the  convenience  of  the  public  or  of  the 

Sessions  of  tlic  ,.  -,  j.     ^  i    ^  j.     ■ 

Commission  in  parties  uuiy  he  promoted  or  delay  or  expense  prevented 
unUeds\ales!'''^  therein',  the  Conuuission  may  hold  special  sessions  in  any 
part  of  the  United  States.  It  may,  by  one  or  more  of  th(> 
Commissioners,  prosecute  any  inquir}^  necessary  to  its 
duties,  in  any  part  of  the  United  States,  into  any  matter 
or  question  of  fact  pertaining  to  the  l)usiness  of  any  com- 
mon carrier  subject  to  the  provisions  of  this  act. 

Carriers  sub-      The  Commissiou  is  hereby  authorized  to  require  annual 
mult  rende^rfuii  rcports  from  all  couHuou  carrici's  subject  to  the  provisions 
commiS''''''of  this  act,  to  fix  the  time  and  pi-escril)e  the  manner  in 
Sec.  20.  which  such  reports  shall  be  mach',  and  to  require  from 

such  carriers  specitic  answers  to  all  (juestions  upon  which 
What  reports  the  Comuiissiou  uiav  need  information.  Suchannual  reports 
shall  contain,  y^all  show  iu  detail  the  amount  of  capital  stock  issued,  the 
amounts  paid  therefor,  and  the  manner  of  payment  for  the 
same;  the  dividends  paid,  the  surplus  fund,  if  Miy,  and  the 
number  of  stockholders;  the  funded  and  floating  debts  and 
the  interest  paid  thereon ;  the  cost  and  value  of  ( he  carrier's 
property,  franchises,  and  equi})ments;  the  number  of  em- 
ployees and  the  salaries  paid  each  class;  the  amounts 
xpended  for  improvements  each  year,  how  expended,  and 
the  character  of  such  improvements;  the  earnings  and  re- 
ceipts from  each  branch  of  business  and  from  all  sources; 
the  operating  and  other  expenses;  the  balances  of  profit  and 
loss;  and  a  complete  exhibit  of  the  financial  operations  of 
the  carrier  each  year,  including  an  annual  balance-sheet. 
Such  reports  shall  also  contain  such  information  in  relation 
to  rates  or  regulations  concerning  fares  or  freights,  or  agree- 
ments, arrangements,  or  contracts  with  other  common  car- 
riers, as  the  Commission  may  require;  and  the  said  Com- 


BUREAU    OF    CORPORATIONS  57 


('  <i  mm  i  ssion 
m  !i  y     jirescribc 


missioinnay,  within  itsdisci'ction, for  the  purposoofonabling 

it  the  l)ottor  to  curry  out  tlio  purposes  of  this  :ict,  proscril)o  ,„,,  j.    prescribe 

(if  in  tiio  o])inioii  of  the  C'onnnissioii  it  is  pnicticahle  to  ])i'o-  methods.if  keep- 

^      .,  1  •!.•  •*.  1  i.1       1        !-•  1  •  1   \      niK  uc('ouiit.s. 

scribe  suoh  unitorimty  ana  nunlioas  or  keeping  accounts)  a 
period  of  time  within  which  all  common  carriers  .su))ject  to 
the  })rovisions  of  this  act  shall  have,  as  near  as  may  be,  a 
uniform  systiMii  of  accounts,  and  the  manner  in  which  such 
accounts  shall  l)e  kept. 


k?:gulation  of  testimony 

No  person  shall  be  excused  from  attending  and  testifying  andVesUinoiu^ol 
or  from  producing  books,  i)apers,  tariffs,  contracts,  agree- witnesses, 
ments  ami  docunuMits  before  the  Interstate  C  ommerce  Com-    (sf?  atat.,  /,hs.) 
mission,  or  in  obedience  to  the  snbp<ena  of  the  Commis- 
sion, whether  such  subpcrna  be  signed  or  issued  by  one  or 
more  Commissioners,  or  in  any  cause  or  proceeding,  criminal 
or  otherwise,  based  upon  or  growing  out  of  any  alleged 
violation  of  the  act  of  Congress,  entitled,  ""'An  act  to  regu- 
late commerce,''  approved  February  fourth,  eighteen  hun- 
dred and  eighty-seven,  or  of  any  amendment  thereof  on  the 
ground  or  for  the  reason  that  the  testimony  or  evidence, 
documentary  or  otherwise,  required  of  him,  may  tend  to 
criminate  him  or  subject  him  to  a  penalty  or  forfeiture. 
Ikit  no  i)erson  shall  be  prosecuted  or  subjected  to  any  pen- 
alty or  forfeiture  for  or  on  account  of  any  transaction,  mat-  tes™i?"ing  wit^ 
ter  or  thing,  concerning  which  he  may  testify,  or  produce '^*^*^*^^- 
evidence,  documentary  or  otherwise,  before  said  Commis- 
sion, or  in  obedience  to  its  subpcena,  or  the  subpa?na  of 
either  of  them, or  in  any  such  case  or  proceeding:  Provided^ 
That  no  person  so  testifying  shall  l)e  exempt  from  prosecu- 
tion and  punishment  for  perjury  committed  in  so  testifying.    Perjury  ex- 

Any  person  who  shall  neglect  or  refuse  to  attend  and^^'''^' 
testify,  or  to  answer  any  lawful  inquiry,  or  to  produce  Penalties. 
books,  papers,  tariffs,  contracts,  agreements  and  docu- 
ments, if  in  his  power  to  do  so,  in  obedience  to  the  subpoena 
or  lawful  requirement  of  the  Commission  shall  be  guilt}'^ 
of  an  offense  and  upon  conviction  thereof  1)}'  a  court  of 
competent  jurisdiction  shall  be  punished  l)v  fine  not  less 
than  one  hundred  dollars  nor  more  than  five  thousand  dol- 
lars, or  by  imprisonment  for  not  more  than  one  vear  or  by 
both  such  tine  and  imprisonment.  [See  Sec.  12,  act  of 
Feb.  4,  1887,  page  52.1 

REGULATION    OF   COMMERCE 

Anything  done  or  omitted  to  l)e  done  bv  a  corporation  ^^.^j'^^'P^^f^'^^^^^ ^'^^ 
common  carrier,  subject  to  the  Act  to  regulate  commerce  agent  liaiiie   i.. 
and  the  Acts  amendatory  thereof  which,  if  done  or  omitted  ^^^a.  u%os. 
to  be  done  by  any  director  or  officer  thereof ,  or  an}^  receiver,    ^^c '']"'» *tirt 
trustee,  lessee,  agent,  or  person  acting  for  or  employed  by  ' 

such  corpoi'ation,  would  constitute  a  misdemeanor  under 
said  Acts  or  under  this  Act  shall  also  be  held  to  ))e  a  mis- 
demeanor committed  by  such  corporation,  and  upon  con-    Penalty. 
viction  thereof  it  shall  lie  subject  to  like  penalties  as  are 
prescribed  in  said  Acts  or  b3'  this  Act  with  reference  to 


58  V  BUKEAU    OF    COEPORATTONS 

schedules  ^^  ^^^'  such  persons  except  as  such  penalties  arc  herein  changed. 

The  willful  failure  upon  the  part  of  an}'  carrier  sul)ject  to 

said  Acts  to  tile     *     *     -     the  tarifi's  or  rates  and  charges 

as  required  by  said  Acts     *     *     *     shall  be  a  misdemeanor, 

Penalty.         and  upon  conviction  thereof  the  corporation  offending  shall 

be  subject  to  a  line  of  not  less  than  one  thousand  dollars 

nor  more  than  twenty  thousand  dollars  for  each  offense; 
*     *     * 

agcnt°to°be\Yso  In  coustruing  and  enforcing  the  provisions  of  this  s.ec- 
deemed  act  of  tion  the  act,  omission,  or  failure  of  any  officer,  agent,  or 
other  person  acting  for  or  employed  by  any  common 
carrier  acting  within  the  scope  of  his  employment  shall  in 
every  case  be  also  deemed  to  be  the  act,  omission,  or  fail- 
ure of  such  carrier  as  well  as  that  of  the  person.    *    *    * 

^c!'i^^^^'  I"   ^^^y   proceeding  for  the  enforcement  of   the   pro- 

visions of  the  statutes  relating  to  interstate  commerce, 
whether  such  proceedings  be  instituted  before  the  Inter- 
state Commerce  Commission  or  be  begun  originally  in 
any  circuit  court  of  the  United  States,  it  shall  be  lawful 
to  include  as  parties,  in  addition  to  the  carrier,  all  persons 
interested  in  or  affected  by  the  rate,  regulation,  or  prac- 
tice under  consideration,  and  inquiries,  investigations, 
orders,  and  decrees  may  be  made  with  reference  to  and 
against  such  additional  parties  in  the  same  manner,  to  the 
same  extent,  and  subject  to  the  same  provisions  as  are  or 
shall  be  authorized  by  law  with  respect  to  carriers. 

attendance 'a°nd     *     *     *     And  in  proceedings  under  this  Act  and  the 

testimonyof  wit- Acts  to  rcgulatc  commcrce  the  said  courts  shall  have  the 

duction^^of  books  powcr  to  compcl  the  attendance  of  witnesses,  both  upon 

'^'&c's^i?[war^    t^^  P^^'t  °*  ^^^  carrier  and  the  shipper,  who   shall   be 

required   to  answer   on   all  subjects  relating  directly  or 

indirectly  to  the  matter  in  controversy,  and  to   compel 

the   production   of   all   books   and    papers,  l)oth   of   the 

carrier  and  the  shipper,   which   relate  directly  or  indi- 

.,    ,  rectlv  to  such  transaction:  the  claim  that  such  testimony 

Immunity  to  •'.  ,  .        t  v  •      •       ^       ji  •    •  i 

testifying  wit-  or  evidence  may  tend  to  cruninate  the  person  giving  such 
nesses.  evidence  shall  not  excuse  such  person  from  testifying  or 

such  corporation  producing  its  books  and  papers,  but  no 
person  shall  be  prosecuted  or  subjected  to  any  penalty  or 
forfeiture  for  or  on  account  of  any  transaction,  matter,  or 
thing  concerning  which  he  may  testify  or  produce  evidence 
documentarv  or  otherwise  in  such  proceeding:  Pnnu'drd, 
made' ap/.iklu'l^  That  the  provisions  of  an  Act  entitled  ';An  Act  to  expedite 
to  suits  brought  the  hearing  and  determination  of  suits  in  equitv  pending  or 
ycommisMon.  j-j^j.g.^-f^gj.  jji-ought  Under  the  Act  of  July  second,  eighteen 
hundred  and  ninety,  entitled  'An  Act  to  protect  trade 
and  commerce  against  unlawful  restraints  and  monopolies,' 
'An  Act  to  regulate  commerce,'  approved  re])ruary  fourth, 
eighteen  hundred  and  eighty-seven,  orany  other  Acts  hav- 
ing a  like  purpose  that  may  be  hereafter  enacted,  approved 
February  eleventh,  nineteen  hundi-ed  and  three,"  shall  apply 
to  any  case  prosecuted  under  the  direction  of  the  Attorney- 
Generaliu  the  name  of  thelnterstateCommerceCommission. 


CIIAl'TKT^   V 
BUREAU  OF  MANUFACTURES 


Thoro  shiill  he  in  the  Department  of  C'oiuincrce  and  Labor  f^^-^^i  ^^^5) 
a  hureau  to  he  called  the  Bureau  of  Maiuit'aetures,  and  a  i^ec.s. 
chief  of  said  hureau,  who  shall  l)e  appointed  hv  the  Presi- 
dent, and  who  shall  receive  a  salary  of  four  thousand  dollars 
per  aiiiunn.  There  sliall  also  he  in  naid  hureau  such  clerical 
assistants  as  may  from  time  to  time  be  authorized  by  Con- 
o-ress.  It  shall  be  the  province  and  duty  of  said  bureau, 
under  the  direction  of  the  Secretary,  to  foster,  promote, 
and  develop  the  various  manufacturing  industries  of  the 
Ignited  States,  and  markets  for  the  same  at  home  and 
abroad,  domestic'  and  foreign.  ])y  gathering,  compiling, 
publishing,  and  supplying  all  available  and  useful  informa- 
tion concerning  such  industries  and  such  markets,  and  b}^ 
such  other  methods  and  means  as  may  be  prescribed  ])v  the 
Secretary  or  provided  1)V  law.  And  all  consular  officers  of 
the  United  States,  including  consuls-general,  consuls,  and 
commercial  agents,  are  hereby  required,  and  it  is  made  a 
part  of  their  duty,  under  the  direction  of  the  Secretary  of 
State,  to  gather  and  compile,  from  time  to  time,  useful  and 
material  information  and  statistics  in  respect  to  the  subjects 
enumerated  in  section  three  of  this  Act  in  the  countries  and 
places  to  which  such  consular  officers  are  accredited,  and  to 
send,  under  the  direction  of  the  Secretary  of  State,  reports 
as  often  as  required  by  the  Secretary  of  Commerce  and 
Labor  of  the  information  and  statistics  thus  gathered  and 
compiled,  such  reports  to  be  transmitted  through  the  State 
Department  to  the  Secretary  of  the  Department  of  Com- 
merce and  Labor, 

[Note. — At  the  time  of  printing  this  volume  the  organi- 
zation of  the  Bureau  of  Manufactures  has  not  been  com- 
l)leted.  Provision  is,  however,  being  made  therefor.  The 
})ersoimel  of  the  Bureau  is  provided  in  the  appropriation 
act  on  page  32.] 

59 


CHAPTER  VI 

BUREAU  OF  LABOR 


Tho  national  aid  and  supervision  of  the  laboring  interests  of  tlie 
country  were  tirst  proposed  in  Congress  about  the  year  1867,  and  a 
reference  to  page  13  will  show  the  legislation  then  introduced. 

A  Bureau  of  Labor  was  organized  in  January,  1S85,  under  act  of 
Congress  approved  June  27,  1884  (23  Stat.,  60),  as  a  part  of  the 
Department  of  the  Interior,  and  the  Commissioner  of  Labor  was  made 
its  chief  officer.  Three  years  latei*  by  act  of  Congress  approved  June 
13,  1888  (25  Stat.,  182),  the  Bureau  of  Labor  and  its  duties  were 
transferred  to  the  Department  of  Labor  with  independent  functions, 
the  title  of  its  chief  officer  remaining  unchanged. 

The  duties  of  the  Bureau  of  Labor  are  to  acquire  and  diffuse 
among  the  people  of  the  United  States  useful  information  on  subjects 
connected  with  labor,  in  the  most  general  and  comprehensive  sense  of 
the  word. 

Under  the  act  of  1888  the  Bureau  of  Labor  publishes  an  annual 
report,  and  special  reports  from  time  t(;  time,  upon  subjects  connected 
with  labor,  or  as  required  b}'  the  President  or  bj^  either  House  of 
Congress. 

By  act  of  Congress  of  March  2,  1895  (28  Stat.,  805),  the  Commis- 
sioner of  La})or  is  authorized  to  publish  a  bulletin  containing  facts 
deemed  of  value  to  labor  and  the  industrial  interests  of  the  countrJ^ 
This  bulletin  is  issued  bimonthly. 

By  the  act  of  Congress  of  April  30, 11*00  (31  Stat.,  155),  the  Commis- 
sioner of  Labor  is  required  to  collect  and  publish  annuallj^  statistical 
details  relating  to  all  departments  of  labor  in  the  Territory  of  Hawaii. 

The  Government  is  represented  in  the  International  Association  for 
Labour  Legislation  through  the  agency  of  the  Bureau  of  Lal)or,  and 
the  subvention  therefor  is  provided  in  its  appropriation. 

By  act  of  Congress  of  February  14,  11>()3,  "An  act  to  establish  the 
Department  of  Commerce  and  Labor,"  the  Department  of  Lal)or  and 
all  that  pertains  to  the  same  was  placed  imder  the  jurisdiction  and  made 
a  part  of  the  Department  of  Connuerce  and  Labor  from  and  after  July 
1,  1903,  on  which  date  the  name 'Bureau  of  Labor  was  adopted  by  order 
of  the  Secretary. 

Carroll  D.  Wright  has  been  Commissioner  of  Labor  since  the  organi- 
zation of  the  work  in  1885. 
60 


OrijiiniziitioH  of  Pt'imrtmont  of  ("oinmerce  !Ui<l  Labor 


BUILDING   OCCUPIED   BY   THE   BUREAU   OF   LABOR 


^?„ 


BUREAU    OF    LAHOR  61 

LAW  PERTAINING  TO  THE  BUREAU   OF  LABOR 

[As  iiKiiUliccl  ],y  ucl  nf  Fcliriiiiry  1  I,  IlKW.] 

Tlu>   BuiViiu  of  Labor     *     ■'"     *     and  all   (hat  in-rtain.s    f'^^^ViJ^f) 
to  tlu>  sani(\  1)0,  and  tlio  sainc  luM'chy  arc  jjlaccd  uiidor  the    >"■.  i. 
jiirisiliction  and  made  a  part  of  the  Departinciit  of  ('0111- 
iiunro  and  Labor. 

TluMV  shall  1h>  at  tho  soat  of  Govovniiunit  a  Rinvau  of  ^^//f/'^'J;,"';;;;;:;;! 
Labor,  tho  ociuM'al  dcsion  and  (hitics  of  ujiich  .shall  ))C  to^«'<>i>i'- 
acquire  and  (litius(>  anions-  the  peoples  of  the  United  States    \":l"st(ri'.,iH2') 
useful  information  on  sul)jeets  connected  with  lal)or,  in  thc^    '''"'■  ^• 
most  oeneral  and  comprehensive  sense  of  that  word,  and 
especially  upon  its  relation  to  capital,  the  hours  of  la])or, 
the  eai'nings  of  laliorino'  men  and  women,  and  the  mean.'; 
of  ]iromotiiio'  thcMr  materiid,  social,  intelliM-tuai,  and  moral 
prosperity. 

The  J^ureau  of  Lal)or  shall  be  under  the  charo-e  of  :i  <^;'>i"niissioiuT. 
Connnissioner  cf  L-.il)or,  who  shall  l)e  appointed  by  the 
President,  by  and  M'ith  the  advice  and  consent  of  the 
Senate;  he  shall  hold  his  ofHce  for  four  3'ears,  unless 
sooner  removed,  and  shall  reccnve  a  salary  of  live  thousand 
dollars  per  annum. 

Lhere  shall  be  in  the  Bureau  of  Labor,  to  l)e  appointed  ivrsdnn.i. 
by  the  Connnissioner  of  Labor:  One  chief  clerk,  at  a  salary  'Amn'„h;i  j-rb. 
of  two  thousand  live  hundred  dollars  per  annum;  disl)urs-''^;j'"^^^^  y^^  ^ 
m<j  clerk,  two  thousand  dollars;  four  statistical  experts,  at 
two  thousand  dollars  each;  four  clerks  of  class  four;  hvc 
clerks  of  class  three;  six  clerks  of  cla.ss  tAvo;  twelve  clerks 
of  class  one;  ten  clerks,  at  one  thou.sand  dollars  each;  two 
copyists;  one  messenger;  one  assistant  messenger;  three 
watchmen;  four  laborers;  three  charwomen;  two  special 
agents,  at  one  thousand  eight  hundred  dollars  each;  six 
special  agents,  at  one  thousand  six  hundred  dollars  each; 
ten  spi^cial  agents,  at  one  thou.sand  four  luuidred  dollars 
each;  four  special  agents,  at  one  thousand  two  hundred 
dollars  each;  and  (there  shall  be)  an  allowance  to  special 
agents  for  traveling-  expenses  not  to  exceed  three  dollars 
per  day  Avhile  actually  employed  in  the  field  and  outside 
of  the  District  of  Columbia,  exclusive  of  actual  transpor- 
tation including  sleeping-car  fares;  and  such  temporary 
exp(M-ts,  assistants,  and  other  employees  as  Congress  may 
from  time  to  time  provide,  with  comj)ensation  correspond- 
ing to  that  of  similar  officers  and  employees  in  other  depart- 
ments of  the  Government. 

During  the  necessary  a])sence  of  the  Connnissioner,  or    ;^';.''",>-'  *'""^" 
when  the  oftic(^.  shall  become  vacant,  the  chief  clerk  shall    .sw.  4. 
perform  the  duties  of  Commissioner. 

The  Commissioner  of  Labor  shall  have  charge  in  the  ^^'rh ar?;" of 
building  or  premises  occupied  by  or  appropriated  to  the  i;f'\P^' _■;,<>'  ""'' 
Ihireau   of    Labor,    of    the    library,    fui'uiture,    fixtures,   '.ser.h." 
recoi'ds.  and  other  ])roi)erty  i)ertaining  to  it,  or  hereafter 
ac(iuired  for  use  in  its  l)usiness,  and  he  shall  be  allowed  to 


62 


BUREAU    OF    LABOR 


Duties    (if 
CominisHii)7iei 

Sec.  7. 


Cost   of   iliiti; 
bio  articles. 


effect  of. 


expend  for  periodicals  and  the  purposes  of  the  lil>rary, 
and  for  the  rental  of  appropriate  quarters  for  the  accom- 
modation of  the  Bureau  of  Labor  within  the  District  of 
Cokimbia,  and  for  all  other  incidental  expenses,  such  sums 
as  Congress  may  provide  from  time  to  time. 
iii^'  The  Commissioner  of  Labor,  in  accordance  with  the 
fveneral  design  and  duties  referred  to  in  section  one  of 
this  act,  is  specially  charged  to  ascertain,  at  as  early  a 
date  as  possible,  and  whenever  industrial  changes  shall 
make  it  essential,  the  cost  of  producing  articles  at  the 
time  dutiable  in  the  United  States,  in  leading  countries 
where  such  articles  are  produced,  by  fully-speciliod  units 
of  production,  and  under  a  classification  showing  the 
difi'erent  elements  of  cost,  or  approximate  cost,  of  such 
articles  of  production,  including  the  wages  paid  in  such 
industries  per  da}",  week,  month,  or  ,year,  or  by  the  piece; 
and  hours  employed  per  day;  and  the  profits  of  the  man- 
ufacturers and  producers  of  such  articles;  and  the  com- 
cusioms  iin.ipjii-ative  cost  of  Hviug,  and  the  kind  of  living.  It  shall 
ciirreiu>  ■^^^'^■j,g  ^^^  duty  of  thc  Commissioner  also  to  ascertain  and 
report  as  to  the  effect  of  the  customs  laws,  and  the  effect 
thereon  of  the  state  of  the  currency,  in  the  United  States, 
on  the  agricultural  industr}",  especially  as  to  its  effect  on 
mortgage  indebtedness  of  farmers;  and  what  articles  are 
controlled  by  trusts,  or  other  combinations  of  capital, 
business  operations,  or  labor  and  what  effect  said  trusts, 
()]•  other  combinations  of  capital,  business  operations,  or 
la))or  have  on  production  and  prices.  He  shall  also 
(\stablish  a  system  of  reports  by  which,  at  intervals 
of  not  less  than  two  years,  he  can  report  the  general 
condition,  so  far  as  production  is  concerned,  of  the  lead- 
ing industries  of  the  country.  The  Commissioner  of 
Labor  is  also  specially  charged  to  investigate  the  causes 
of,  and  facts  relating  to,  all  controversies  and  dis- 
putes between  employers  and  employees  as  they  may 
occur,  and  which  may  tend  to  interfere  with  the  welfare 
of  the  people  of  the  different  States,  and  report  thereon 
to  Congress.  The  Conmiissioner  of  Labor  shall  also 
obtain  such  information  upon  the  various  sul)jects  com- 
mitted to  him  as  he  may  deem  desiral)le  from  different 
foreign  nations,  and  what,  if  any,  convict  made  goods  are 
imported  into  this  country,  and  if  so  from  whence. 

The  Commissioner  of  Labor  shall  annually  make  a  re- 
port in  writing  to  the  President  and  Congress,  of  the 
information  collected  and  collated  by  him,  and  containing 
such  recommendations  as  he  may  deem  calculated  to  pro- 
mote the  efficiency  of  the  Bureau.  He  is  also  autlior- 
ized  to  make  special  reports  on  particular  sul)jects  when- 
ever required  to  do  so  by  the  President  or  either  House 
of  Congress,  or  when  he  shall  think  the  subject  in  his 
charge  requires  it.  He  shall,  on  or  before  the  fifteenth 
day  of  December  in  each  year,  make  a  report  in  detail  to 
Congress  of  all  moneys  expended  under  his  direction  dur- 
ing the  preceding  fiscal  year. 


ReiMiris. 


Labor 
versies. 


Foreign 
formation. 


Reports 

Sec.  8. 


BUREAU    OK    LAHOR  63 

All  laws  ami  purts  of  laws  rolatino-  tc  tlu>  Bureau  of  j,,^'J;f,jj;;^';''\«[ 
Labor  c-roatod  uudor  the  act  of  Cono-ross  approved  June  Burtau. 
twenty-seventh,  eighteen  hundred  and  eighty-four,  so 
far  as  the  same  are  applieal)le  and  not  in  conllict  with 
this  act.  and  only  so  far,  are  eontiiuied  in  full  force  and 
effect,  and  the  Conunissioner  of  Labor  appointed  undei- 
said  act.  a})i)r()ve<l  June  twenty-seventh,  eiohteen  hun- 
dred antl  eiuhty-four.  and  all  clerks  and  eni])l()vees  in 
the  Bureau  of  Labor  authorized  to  be  appointed  by  said 
act  or  subsequent  acts,  shall  continue  in  olhce  and  em- 
ployment as  if  api)ointed  under  the  provisions  of  this  act, 
and  until  a  Commissioner  of  Labor,  other  officer,  clerks, 
and  employees  are  appointed  and  qualified  as  herein  re- 
quired and  provided:  and  the  Bureau  of  Labor,  as  now 
oruanized  and  existint;-.  shall  continue  its  work  as  the  De- 
partment of  Labor  until  the  Department  of  Labor  shall 
be  ortianized  in  accordance  with  this  act;  and  the  lil)niry, 
records,  and  all  property  now  in  use  ])y  the  said  Bureau 
of  Labor  are  herein'  transferred  to  the  custody  of  the  De- 
])artment  of  Labor  herel)y  created,  and  on  the  organiza- 
tion of  the  Department  of  Labor  on  the  basis  of  this  act 
the  functions  of  the  Bureau  of  Labor  shall  cease.  ^' 

lu  addition  to  the  duties  now  imposed  by  law,  it  shall  be  ^^.^oj^^|^'^  '"^""' 
the  duty  of  consuls  and  conmiercial  agents  of  the  United    Jan.  zr,  ism 
States,  annually,  to  procure  and  transmit  to  the  Depart-  "'" 

ment  of  State  [for  the  Department  of  Conunerce  and 
Labor],  as  far  as  jiracticable,  information  respecting  the 
rate  of  wages  paid  for  skilled  and  unskilled  labor  within 
their  respective  jurisdictions. 

It  shall  be  the  duty  of  the  United  States  Commissioner  p^^i;^""""    'e- 
of  Labor  to  collect,  assort,  arrange,  and  present  in  annual    Apr.  so,  1900. 

•       ••  .^  t       (SI  Stat     155  ) 

reports  statistical  details  relating  to  all  departments  of  scc.-e.'' 
labor  in  the  Territory  of  Hawaiij  especially  in  relation  to 
theconnuercial,  industrial,  social,  educational,  and  sanitary 
condition  of  the  laboring  classes,  and  to  all  such  other 
subjects  as  Congress  may,  by  law,  direct.  The  said  com- 
missioner is  especiallv  charged  to  ascertain,  at  as  early  a 
date  as  possible,  and  as  often  thereafter  as  such  informa- 
tion may  be  required,  the  highest,  lowest,  and  average 
number  of  employees  engaged  in  the  various  industries 
in  the  Territorv,  to  be  classified  as  to  nativity,  sex,  hours 
of  labor,  and  conditions  of  employment,  and  to  report  the 
same  to  Congress. 

AN'henever  a  controvcrsv  concerning  wages,   hours  of  ,.,.^',,*; '?i,'^,V '* " 
ahor,  or  conditions  of  employment  shall  arise  between  a    -rinici.  isus. 
carrier  sul»ject  to  this  act  and  the  employees  of  such  car-    .svr.'s."  " '~" 
rier.  seriously  interi'upting  or  threatening  to  interrupt  the 
business  of  said  carrier,  the  Chairman  of  the  Interstate 
Commerce  Commission  and  the  Commissioner  of  La})or 
shall,  upon  the  re(piest  of  either  party  to  the  controversy, 

" The  name  "Bureau  of  Labor  "  is  now  the  proper  title,  as  stated  on 
page  GO. 


64  -^  BUREAU    OF    LABOR 

with  all  practicable  expedition,  put  themselves  in  commu- 
nication with  the  parties  to  such  controvers},  and  shall 
use  their  best  efforts,  by  mediation  and  conciliation,  to 
amicably  settle  same;  and  if  such  efforts  shall  be  unsuc- 
cessful, shall  at  once  endeavor  to  bring-  about  an  arbitra- 
tion of  said  controversy  in  accordance  with  the  provisions 
of  this  act. 

jlliif u'lsys!^''      'The  Commissioner  of  Labor  is  authorized  to  compile 

{so'.stat.,  «i'.)    a;id  publish  annually,  as  a  part  of  the  Bulletin  of  the  Bureau 

of  Labor,  an  abstract  of  the  main  features  of  the  official 

statistics  of  the  cities  of  the  United  States  having  over 

thirty  thousand  population. 

Recor.f'^^''^^""'^^  ^  bouud  copy  of  the  Congressional  Record  shall  ])e 
furnished  gratuitousl}^  to  the  Bureau  of  Labor.  [This 
provision  is  made  a  part  of  the  printing  act  of  Januarv  12, 
1895,  by  act  of  January  30,  1!>03.] 

biuicfn'*'  *^''*""     [There  shall  be  printed]  of  the  report  of  the  Conuuis- 

jan.'p,  1895.    sioner  of  Labor,  twent^^-ffve  thousand  copies;  five  thousand 

,sCc.'?3.''' ^^^     for  the  Senate  and  ten  thousand  for  the  House,  and  ten 

thousand  for  distribution  1)}'  the  Commissioner  of  Labor. 

Ij[ar%^^i895.         ^^^^  Commissioner  of  Labor  is  hereby  authorized  to  pre- 

{2s  kat,  805.)  pare  and  publish  a  bulletin  of  the  Bureau  of  Labor,  as  to 
the  condition  of  labor  in  this  and  other  countries,  conden- 
sations of  state  and  foreign  labor  reports,  facts  as  to  con- 
ditions of  employment,  and  such  other  facts  as  may  be 
deemed  of  value  to  the  industrial  interests  of  the  country, 
and  there  shall  be  printed  one  edition  of  not  exceeding  ten 
thousand  copies  of  each  issue  of  said  bulletin  for  distribu- 
tion by  the  Bureau  of  Labor,  [lender  this  provision  the 
bimonthlj'  Bulletin  of  the  Bureau  of  Labor  is  published. 
Purchase  of  reports  and  material  for  Bulletins  is  author- 
ized in  appropriation  acts.] 

Bulletin,  extra  The  Public  Printer  is  authorized  to  print  such  number 
^^jnii^'e,  1900.     of  extra  copies  of  the  bimonthly  Ikilletin  of  the  Bui'eau  of 

{31  Stat,  6i,i)  Labor,  not  to  exceed  20,000  of  any  single  issue,  when  in 
the  opinion  of  the  Commissioner  of  Labor  the  demand  for 
the  Bulletin  makes  an  extra  edition  necessary. 

Louisiana  Pur-  [Au  exhibit  by  tho  Burcau  of  Labor  at  the  Louisiana 
^^°'^^" Purchase  Exposition,  and  a  representative  on  the  United 


Mar.  3,  1901. 
(31  StaL.Ul^.) 


States  Government  Board,  is  provided  for  by  law.] 


"This  duty  wrh  trangferred  to  the  I'ureau  of  the  Census  by  Depart- 
ment Circular  No.  3.     See  page  83. 


Orafanizatidii  r.i  Departnit'iit  c  f  f'oinmerci'  ami  Labor 


BUILDING   OCCUPIED   BY  THE   LIGHT-HOUSE   BOARD,  THE   BUREAU   OF   NAVIGATION, 
AND  THE  STEAMBOAT-INSPECTION   SERVICE 


CHAPTER  VII 

LIGHT-HOUSE  BOARD 

lliu-luiliiig  Mght-Hoiiso  Kstalilisliiiit'iil.] 


Tlio  eight  lig-lit-lu)uses  ostublislu'd  hy  the  maritime  colonies  wore 
accepted  by  the  Federal  Government  by  act  of  Congress  of  Augu.st  7, 
17S!».  and  since  that  date  all  jurisdiction  over  and  maintenance  of  aids 
to  navigation  have  been  in  the  (Jeneral  Government.  They  were 
piactnl  linden-  the  direction  of  the  Secretar}'^  of  the  Treasury,  where 
they  remained  until  their  supervision  was  given  to  the  Secretary  of 
Conunerce  and  Labor  b}'  act  of  Congress  approved  February  1-i,  1003, 
entitled  "An  act  to  establish  the  Department  of  Commerce  and  Labor." 

The  office  of  Commissioner  of  Kevenue  was  established  Ma}'  S,  1792, 
and  the  superintendence  and  control  of  lights  devolved  upon  him,  but 
when,  in  1802,  his  office  was  abolished,  the  Secretary  of  the  Treasury 
resumed  direct  control,  and  it  remained  with  him  until  July  21,  1818, 
when  the  office  of  Commissioner  of  the  Revenue  was  reestal)lished, 
and  the  control  of  the  lights  again  became  a  part  of  his  work.  That 
office  was  a  second  time  a])olished  by  act  of  December  23,  1S17,  which 
went  into  operation  July  1,  1S20,  when  the  care  of  the  lights  passed 
to  the  Fifth  Auditor  of  the  Treasury. 

By  act  of  July  7,  1838,  Congress  authorized  the  division  of  the  light- 
house system  into  districts,  in  order  that  more  exact  information  might 
l)e  furnished  to  the  Congress,  and  provided  for  the  purchase  abroad  and 
importation  of  two  sets  of  lenticular  apparatus,  and  one  set  of  reflector 
apparatus. 

Beginning  in  181-2,  Congress  made  a  thorough  investigation  of  the 
Light-House  Plsta])lishment  and  its  administration,  and  in  181,5  sent 
abroad  two  naval  lieutenants  to  })rocui'e  information  whicli  would  tend 
to  the  improvement  of  the  light-house  system  of  the  United  States. 
As  a  i-esult,  l)y  the  act  of  March  3,  1851,  the  Secretary  of  the  Treas- 
uiy  was  authorized  to  put  the  Fresncl  illuminating  apparatus  into 
light-houses,  and  to  appoint  a  board  to  inquire  into  the  condition  of 
the  Esta))lishment  and  make  a  detailed  report  and  programme  to  guide 
legislation  in  extending  and  improving  the  system  of  construction, 
illumination,  inspection,  and  superintendence.  The  elaborate  report 
of  this  board  formed  the  basis  of  the  act  of  Congress  approved  August 
27028—04 5  (J5 


66 


LIGHT-HOUSE    BOARD 


31,  1852.  This  organic  act  constituted  the  Light-House  Board  as  it 
has  existed  down  to  the  present  time,  composed  of  officers  of  tlie 
Army  and  Navy  and  eminent  scientists  in  civil  life.  The  Establish- 
ment is  modeled  on  the  French  service,  and  has  complete  supervision 
of  all  aids  to  navigation  on  our  coasts. 


Chairmen  of  the  Light- House  Board  icith  dates  of  service. 


Name. 


William  B.  Shubrick,  captain,  U.  S.  Navy 

Lawrence  Kearney,  captain,  U.  S.  Navy 

William  B.  Shubriclj,  captain,  rear-admiral,  U.  S.  Navy,  who  served 

until  retired  by  law 

Prof.  Josefih  Henry,  LL.  D.,  secretary  of  the  Smithsonian  Institution, 

who  .served  until  his  death 

John  Ki)d]Lrers,  rear-admiral,  U.  S.  Navy,  who  served  until  his  death  ... 
Robert  H,  Wyman,  rear-admiral,  U.  S.  Navy,  who  served  until  his  deatli 
Stephen  C.  Rowan,  vice-admiral,  V.  S.  Navy,  retired  at  own  request . . . 

David  P.  Harmony,  rear-admiral,  U.  S.  Navy 

James  M.  Greer,  rear-admiral,  U.  S.  Navy 

John  a.  Walker,  rear-admiral,  U.  S.  Navy 

Wintield  S.  Sehley,  commodore,  U.  S.  Navy 

F.  v.  McNair,  rear-admiral,  U.  S.  Navy 

Rush  R.  Wallace,  commodore,  U.  S.  Navy  (retired) 

Francis  J.  Higginson,  commodore,  U.  S.  Navy 

Norman  H.  Farquhar,  rear-admiral,  U.  S.  Navy 

George  C.  Remey,  rear-admiral,  V.  S.  Navy 

John  J.  Read,  rear-admiral,  U.  S.  Navy 


Oct. 

9,1852 

Feb. 

7, 18.59 

Feb. 

7, 18.59 

June 

0, 18.59 

June 

G,  l<S5y 

Oct. 

30, 1871 

Oct. 

30, 1871 

Mav 

13, 187.S 

J  une 

23, 1878 

Mrtv 

.5, 18.H2 

June 

5, 1,S<S2 

Dec. 

2.  iss'j 

Jan. 

18, 1.S83 

Feb. 

JCi.  Iss'.i 

Feb. 

27,18,S9 

Mav 

2'.i,  l>',q 

June 

1,  ISid 

Dec. 

l.lvj-i 

Dec. 

4, 1894 

Mar. 

23.  IS'.iT 

Apr. 

5, 1.S97 

Mar. 

2.5,  is'.is 

Mar. 

18, 189.S 

Julv 

5,  IS'js 

Julv 

11,1898 

Oct. 

3,  l.S9.% 

Oct. 

3, 1898 

Ap5. 

22, 1901 

May 

2, 1901 

May 

6, 1902 

May 

6, 1902 

Aug. 

8,1903 

Aug. 

8, 1903 

LAW  PERTAINING  TO  THE  LIGHTHOUSE   BOARD  AND  LIGHTHOUSE   ESTABLISH- 
MENT 

[As  modified  by  act  of  February  14,  1903.] 
ORGANIZATION    AND   DUTIES    OF   LIGHTHOUSE    BOARD 


gCompositiou  of  ^he  President  shall  appoint  two  officers  of  the  Navy,  ofl 
ii.s.,i653.  high  rank,  two  officers  of  the  Corps  of  Engineers  of  thej 
Army,  and  tw^o  civilians  of  high  scientific  attiiinments, 
whose  services  may  be  at  the  disposal  of  the  President, 
together  with  an  officer  of  the  Navy  and  an  officer  of  engi-^ 
neers  of  the  Arnn^,  as  secretaries,  who  shall  constitute  the 
Lighthouse  Board. 

The  Secretary  of  Commerce  and  Labor  shall  be  ex-officio 
president  of  the  Lighthouse  Board. 

The  Lighthouse  Board  shall  elect,  by  Ijallot,  one  of  theii 
number  as  chairman  of  the  Board,  who  shall  preside  at  theii" 
meetings,  when  the  president  is  absent,  and  shall  porfori 
such  acts  as  may  be  prescribed  by  the  rules  of  the  Board.^ 

The  Lighthouse  Board  shall  meet,  for  the  transactic^i  of 
business,  on  the  tirst  Mondays  in  March,  June,  8eptem))erl 
and  December.     But  the  Secretary  of  Commerce  and  La- 
})or  ma}^  convene  the  Board  whenever,  in  his  judgment,' 
the  exigencies  of  the  sei'vice  require  it. 
f     The  Lighthouse  Board  may  adopt  such  regulations  for; 
the  government  of  their  meetings  as  the}^  jiiclge  expedient. 
R^„  ,  The  Lie'hthouse  Board  shall  be  attached  to  the  office  of  j 

ijoara.  in  •/— i  iri  i  ii*' 

R.!s.,i65s.       the  Secretary  ot  Couimerce  and  Labor,  and  under  his 


President. 
A'.  .S'.,  !,6.-,!,. 


Chairman. 
li.  S.,  UG55. 


Meetings. 
R.  a.,  1,656. 


Government 
meetings. 
R.  S..  l,r,r>7. 
Duties      of 


LIGHT-HOUSE    BOARD 


67 


IfiilifsolHiiiird. 
U.S.,  W65. 


snporiiiteiidonc'O  .shall  dischai-jio  all  admin istrativc  duties 
relatin*;  to  tlio  coiistriu-tioii,  illuiniiiatiou,  inspection,  and 
supcrintrndoncc  of  liiflithouscs,  lioht-vesscls,  beacons, 
buoys,  sea-marks,  and  their  appendayes.  and  embracing 
the  security  of  foundations  of  works  already  existinji",  pro- 
curinu-  illuminatiny-  and  other  a[)i)aratus,  supplies,  and 
materitils  of  all  kinds  for  building-,  and  for  rebuilding 
when  necessar}',  and  keeping  in  good  repair  the  light- 
houses, light- vessels,  beacons,  and  buoys  of  the  United 
States;  and  shall  have  the  charge  and  custody  of  all  the 
archives,  books,  documents,  drawings,  models,  returns, 
apparatus,  and  other  things  appertaining  to  the  Light- 
house Establishment. 

The  Lighthouse  Hoard  shall  cause  to  ))e  prepared  l)v  the 
engineer  secretary  of  the  Boaid,  or  ])y  such  otficer  of  engi- 
neers of  the  Army  as  may  l)e  detailed  for  that  service,  all 
})lans.  drawings,  s])ecitications,  and  estimates  of  cost,  of  all 
illuminating  and  other  apparatus,  and  of  construction  and 
repair  of  towers,  buildings,  etc.,  coimected  with  the  Light- 
house Establishment,  and  no  bid  or  contract  shall  l)e  ac- 
cepted or  entered  into,  except  upon  the  decision  of  the 
Board,  at  a  regular  or  special  meeting,  and  through  their 
properly  authorized  officers. 

The  Liirhthouse  Board  shall  furnish,  upon  the  requisition  K^^t'piattvt- 
of  the  Secretary  ot  Commerce  and  Lal)or.  all  tlic  estnnates 
of  expense  which  the  several  l)ranclies  of  the  lighthouse 
service  may  require,  and  such  other  information  as  may  be 
reipiired,  to  ])e  laid  before  Congress  at  the  commencement 
of  each  session. 

The  Lighthouse  Board,  with  the  approval  of  the  Secre-  ^^§"^fiT''- 
tary  ot  Commerce  and  Labor,  siiall  prescribe,  and  from 
time  to  time  may  alter  or  amend,  and  cause  to  be  distrib- 
uted, such  regulations  as  they  deem  proper  for  securing 
an  efficient,  uniform,  and  economical  administration  of  the 
Lighthouse  Establishment. 

The  Lighthouse  Board  shall  arrange  the  Ocean,  Gulf, ^j.L'if.ii^i'o'^^e 
Lake  and  River  coasts  of  the  United  States  into  lighthouse    Jnium.iHse.iu 

I-..,  ,  T  .,  •  1-  Still.  ir,s)  ill  place 

districts,  not  exceeding  sixteen  in  mimher.  <>/ n.  s.,  ioro. 

The  jurisdiction  of  the  Lighthouse  Board,  created  ])y  the  .Tuns.!  i c  t  ion 
act  entitled  "An  act  making  apjjropriations  for  lighthouses,  '^'^juMr^Tlsr!,. 
light-boats,  ])uoys,  and  so  forth,  and  providing  for  the  erec- 
tion and  estal>lishment  of  the  same,  and  for  other  purposes," 
approved  August  thirty-tirst,  eighteen  hundred  and  fifty- 
two,  is  hereby  extended  over  the  Mississippi,  Ohio,  and 
Missouri  rivt'rs.  for  the  establishment  of  such  beacon- 
lights,  day-beacons,  and  buoys  as  may  be  necessary  for  the 
use  of  vessels  navigating  those  streams;  and  for  this 
l)urpose  the  said  Board  is  herein'  re<iuired  to  divide  the 
designated  rivers  into  one  or  two  additional  lighthouse 
districts,  to  be  in  all  respects  similar  to  the  already  exist- 
ing light-house  districts;  and  is  hereby  authorized  to  lease 
the  necessary  ground  for  all  such  lights  and  beacons  as 
are  used  to  i)oint  out  changealde  channels,  and  which  in 
consequence  can  not  be  made  permanent. 


(18  mat ,  SiO.) 


68  LIGHT-HOUSE    BOARD 

L^xVcniu-d' '''''"  V^^^<"  jurisdiction  of  the  Lig-ht-House  Board  was  extended 
ov^er  tlie  Red  lliver,  Louisiana,  by  the  act  approved  March 
o,  ISSl;  over  the  Savainiah,  Georgia,  ^t.  flohns,  Florida, 
Cape  Fear,  North  Carolinii,  and  Hudson  rivers,  b}^  the  act- 
approved  jSLai'ch.  J,  1H85;  over  the  Columbia  and  Willa- 
mette rivers,  Oregon,  l)y  the  act  approved  ^ii'^^/i'/.y^J  4?  l^^^ij; 
over  the  East  River,  New  York,  Delaware,  New  Jerse^^, 
Elk  River,  Maryland,  Chicot  Pass,  and  to  mark  navigable 
channel  along  Grand  Lake,  Louisiana,  Tennessee  River  and 
Great  Kanawha  River,  and  Puget  Sound,  Washington,  Ijy 
the  act  approved  March  o,  1887 ;  over  the  Connecticut  and 
Illinois  rivers,  Sacramento  and  San  Joaquin  rivers,  Cali- 
fornia, by  the  act  approved  Octoher  ^,  1888;  over  the  Rari- 
tan  River,  New  Jersey,  and  Indian  River,  Florida,  l)y  the 
act  approved  j\[arch/2^  1889;  over  the  Thames  River,  Con- 
necticut, b}"  the  act  approved  March  S^  1891;  over  the 
channels  in  St.  Louis  and  Superior  bays,  Lake  Superior, 
by  the  act  approved  August  5^  189'2;  over  the  York  River, 
Virginia,  by  the  act  approved  August  18,  1894-.] 

^M^T^im'  ^^  officer  of  the  Army  or  Navy  shall  be  assigned  to  each 

district  as  a  lighthouse  inspector,  subject  to  the  orders  of 
the  Lighthouse  Board;  and  shall  receive  for  such  service 
the  same  pay  and  emoluments  that  he  would  ])e  entitled  to 
l)y  law  for  the  performance  of  duty  in  the  regular  line  of 
his  profession,  and  no  other,  except  the  legal  allowance  per 
mile,  Avhen  traveling  luuhn- orders  connected  witli  his  duties. 

Duties  of  ciiKi-     Tlio  Prcsideut  shall  cause  to  be  detailed  from  the  Engi- 

A'.'s.,  WM.  neer  Corps  of  the  Army,  from  time  to  time,  such  officers 
as  may  be  necessary  to  superintend  the  construction  and 
renovation  of  lighthouses. 

[R.  S.,  -I:GT2,  providing  for  the  assignment  of  collectors 
of  customs  as  superintendents  of  lighthouses  by  the  Secre- 
tary of  the  Treasury,  is  no  longer  given  effect.] 

No  iKiditioniii     No  additional  salar}^  shall  be  allowed  to  any  civil,  mili- 
sa^ary  aHoweii.    ^^.^yy   ^y  naval  officcr  ou  accouut  of  his  being  employed  on 
the  Lighthouse  Board,  or  being  in  any  manner  attached  to 
the  lighthouse  ser\'ice." 

ACCOUNTS   AND   RETURNS 

tjiiarteriy  ac-  rphe  Secretary  of  the  Treasurv,  in  a  letter  to  the  Com- 
missioner  of  Customs,  dated  April  IT,  1808,  g-rants  the 

«  Executive  Mansion, 
WusJthigton,  D.  C,  Noccmljer  1^,  ISSO. 
It  is  ordered  that  the  duty  of  paying  salaries  to  keepers  of  liyht- 
houses  shall  be  and  is  transferred  from  collectors  of  customs  to  light- 
house inspectors,  who  shall  hereafter  jierform  all  the  duties  which 
liave  1_)een  heretofore  jierformed  l)y  collectors  of  customs  in  ])aying 
said  salaries,  and  that  needful  advances  of  moneys  appropriated  for 
tlu^  purpose  may  be  made  to  make  such  payments,  no  compensation 
to  be  allowed  for  making  such  i)ayments. 

li.  B.  Hayes. 


LIGHT-HOUSE    BOARD  69 

rtM|m'st  ol"  tlio  clKiii'iiian  of  Iho  Lighthouse  Board  that 
accounts  for  liL;-lilliousc  dishurscuuMits  may  tic  i-cudcrcd 
quarterly.  | 

The  oxpiMiso  of  niainlaiuino-  the  vessels  of  the    Liuht-  .Jj^^^f^f ^'''  ^'''" 
house  Kstahlisluueut  uiay  he  i)aid  t'l-oni  any  surplus  of  the    Mnr./.is79. 
appropriation  for  the  works,  o-encral  or  special,  on  whieh    (-"•^""•••''^^•) 
the   respective  vessels  are,  for  the  time  heinj^-,  employed; 
and  the  ('ost  of  repairs  to  such  vessels  may  ])e  paid  from 
the  api)ropriation   under   which  they    respectively    were 
eni})loyed  when  they  were  injured  or  became  deteriorated 
to  such  an  extent  as  to  render  the  repairs  necessary;  or, 
if  such  a])pro])i-iation   he  exhausted,  then  from  the  ai)i)ro- 
priation   under   which   they   are  respi>ctively   to   Ik^  next 
em])loyed. 

It  shall  be  the  duty  of  the  eno^ineer  supcrintendino-  the,  Disbursement 
constructu)!!  ot  a  tortitu-atu)n,or  enga'>ed  about  the  execu- lirs. 
tion  of  any  oth«>r  public  work,  to  dis))urse  the  moneys  ap-    -''''••  ""■ 
])licable  to  the  same;  but  no  compensation  shall  be  allowed 
him  for  such  dis))ui-sem(mt. 

ApruoruiATiONS 
Hereafter  there  shall  be  submitted  in  the  annual  Book    T^*"''"",tcs 

.    ,,      .  1  ,      .,  ,.  ...  1  J.  I  JiiVf  2H,  1902. 

of  Kstunates,  under  each  item  ot  approi)riation  under  the  (32Stat.,/,33.) 
head  of  '^  Lig"ht-House  Estal)lishment,"  notes  showing  the 
luuuber  of  persons  employed  and  rate  of  compensation 
]iaid  to  each  from  each  of  said  appropriations  durino-  the 
tiscal  year  lu^xt  preceding  the  fiscal  year  for  which  estimates 
are  sut)mitted. 

From  and  after  the  first  dav  of  July,  eighteen  hundred    nnraUonofai.- 
and  s(n'entv-tour,and  ot  eacli  year  thereafter,  the  hecr(>tary    janr  jo.  isri.. 
of  the  Treasury  shall  cause  "all    unexpended  balances  of    (^*'««'-.^^o) 
appropriations  which  shall  have  remained  upon  the  books 
of  the  Treasury  for  two  tiscal  years  to  be  carried  to  the 
surplus  fund  and  covered  into,  the  Treasury:  Provided, 
That  this  provision  shall  not  apply  to     *     *     *     appro- 
priations for     *     *     *     lighthouses;      *      *      "^'     but  the 
appropriations  named  in  this  proviso  shall  continue  avail- 
able until  otherwise  ordered  by  Congress." 

All  moneys  heretofore  appropriated  for  the  construction  Duration  of  ap- 
of  pu))lic  buildings  and  now  remaining  to  the  credit  of  the  ^'jj^'/c"^  2^"  Wi, 
same  on  the  Ijooks  of  the  Treasury  Department,  or  ^^'^'-'^^ iJiacZfji  s\%85. 

«  Extract  from  decision  of  the  First  Comptroller  of  the  Treasury,  Decision  of 
(lateil  July  1 7,  1874:  "By  the  provit^o  to  section  5  of  the  appropriation  Comptroller, 
act  of  June  20,  1S74,  apprf)priutions  for  'liglitliouscs,'  including  former 
appro]iriations,  which,  by  oj)eratioii  of  jirevioiis  laws,  were  not  yet 
suhjcct  to  he  carried  to  the  surplus  fund,  'coutinue  availa))ie  until 
otherwise  ordered  by  (V)n<i;ress.'  I  do  not  understand  this  i)rovision 
as  extendinjf  to  all  appropriations  for  the  Board,  but  only  to  those  for 
construction  and  repairs." 


70  LIGHT-HOUSE    BOAED 

may  hereafter  be  appropriated  for  such  buildino-s,  shall  re- 
main available  until  the  completion  of  the  work  for  which 
they  are,  or  may  t)e,  appropriated;  and  upon  the  tinal  com- 
pletion of  each  or  any  of  said  Inulding-.s,  and  the  payment 
of  all  outstanding  liabilities  therefor,  the  balance  or  bal- 
ances remaining  shall  be  immediately  covered  into  the 
Treasury/' 

mentffor  ?vork     The  Secretary  of  Commerce  and  Labor  be,  and  he  hereby 
on  vessels  jy^  authorized  to  make  partial  payments,  from  time  to  time, 

(es'stat.,'5S2.)  upon  existing  contracts  and  all  contracts  hereafter  made 
for  the  construction  of  vessels  for  the  Department  of  Com- 
merce and  Labor,  but  not  in  excess  of  seventy-live  per 
cent  of  the  amount  of  the  value  of  the  work  already  done; 
and  tiiat  the  contracts  hereafter  made  shall  provide  for  a 
lien  ujion  such  vessels  for  all  advances  so  made:  Prov'uh'd^ 
That  nothing  in  this  joint  resolution  shall  be  construed 
to  hereafter  authorize  any  partial  payments,  except  on 
contracts  stipulating  for  the  same  and  then  only  in  accord- 
ance with  such  contract  stipulation. 

CONTRACTS 

All  money  ap      \\  shall  l)e  the  dutv  of  thc  Lighthouse  Board  to  applv 

phed     )>y   con-     ,  •   V     ]         4-1  4-1  t  -i- 

triict.  the  money  appropriated,  other  than  tor  surveys,  as  far  as 

fgs'wa/^m.)  t'iin  be  without  detriment  to  the  interests  of  the  Govern- 
ment, by  contract. 
Materials  to^be     All  materials  for  the  construction  and  repair  of  light- 
tracts. '^'  ^'        houses,  light-vessels,  beacons,  buoys,  and  so  forth,  shall  be 
ji.  s., /,r,i;r,.       procured  by  public  contracts,  under  such  regulations  as 
the  Board  may  from  time  to  time  adopt,  sul)ject  to  the 
approval  of  the  Secretary  of  Commerce  and  Labor,  and  all 
works  of  construction,   renovation,  and    repair  shall    l)e 
made  by  the  orders  of  the  Board,  under  the  immediate 
superintendence  of  their  engineer  secretary,  or  of  such 
engineer  of  the  Army  as  may  be  detailed  for  that  service. 
Public  advcr-      ]SJo  contract  for  the  erection  of  any  lighthouse  shall  be 
qu'ired.'^         "^  uiadc  cxccpt  aftcr  public  advertisement  for  pro])osals  in 
K.s.j.iuw.       sueh  form  and  manner  as  to  secure  general  notice  thereof, 
and  the  same  shall  only  be  made  with  the  lowest  bidder 
therefor,  upon  security  deemed  sufficient  in  the  judgment 
of  the  Secretary  of  Commerce  and  La])or. 
fo^exceed^uue      -^^*  advaiicc  of  public  moiu'v  sliall  ])v  made  in  any  case 
of  previous  labor  whatever.     And  in  all  cases  of  contracts  for  the  iiiM-form- 

or  service.  ,.  •  iU         i    !•  £         t.'    ^  £ 

R.s.,s6/,s.  ance  ot  any  service,  or  the  delivery  of  articles  ot  any 
description,  for  the  use  of  the  United  States,  payment 
shall  not  exceed  the  value  of  the  service  rendered,  or  of 

«The  Secretary  of  the  Treanury  states,  in  a  letter  to  the  Lighthouse 
Board,  dated  July  1(1,  1874,  that  this  act  "is  held  by  the  Department 
to  api)ly  to  ])uhlie  buildings  under  the  supervision  of  the  Lighthouse 
Estahlishment." 


LIOHT-HOUSP]    BOARD  71 

tli(^  articles  delivered  previously  to  such  payment.  It 
shall,  however,  be  lawful,  under  the  special  direction  of 
the  President,  to  make  such  advances  to  the  dishursino- 
otiicers  of  the  ooxcrmnent  as  may  he  necessary  to  the 
faithful  and  prompt  discharo-c  of  their  respective  duties, 
and  to  the  fultilhnent  of  the  public  en<^'a(>'ements,"  The 
rresident  may  al-^o  direct  such  advances  as  he  may  deem 
necessary  and  proper,  to  persons  in  the  military  and  naval 
service  employed  on  distant  stations,  where  the  discliarg-e 
of  the  pay  and  emoluments  to  which  they  may  be  entitled 
can  nt)t  be  r(\uularly  ett'ected. 

No  meml)er  of  the  Lighthouse  Board,  inspector,  liffht    ^^.  person  in 

,  .  ~  '  '^,      ,        .'  ,   '?,      .service  shall   be 

keeper,  or  othiM-  person  in  any  maimer  connected  with  the  interestcrt. 
liofhthouse  s(u-vice,  shall  l)e  interested,  either  directly  or    ^'- •'^'•.  ^'''■'''''• 
indirectly,  in  any  contract  for  Ia])or,  materials,  or  supplies 
for  the  liiihthouse  service,  or  in  any  patent,  plan,  or  mode 
of  construction  or  illumination,  or  inany  article  of  supply 
for  the  liohthouse  service. 

The  Secretary  of  Commerce  and  Labor  is  authorized  to^p^,*J|"°*^^J^^ries 
reuulate  the  salaries  of  the  respective  keepers  of  light- "f  keepers, 
houses  ill  such  manner  as  he  deems  just  and  proper,  but     '" "' 
the  whole  sum  allowed  for  such  salaries  shall  not  exceed 
an  average  of  six  hundred  dollars  to  each  keeper. 

Sections  45S5,  4586,  and -iSST  of  the  Revised  Statutes,  ij^f^^;^.*™^"*^,,';/ 
and  all  other  acts  and  parts  of  acts  providing  for  the  assess-  pj^yf^H  \n  ma- 
ment  and  collection  of  a  hospital  tax  for  seamen,  are  hereb}?^  ""uj/V'^e^m. 
rep(^aled,  and   the   expense   of   maintaining*   the    [Public    (2-5^<a<.,57.) 
Health  and]  Marine  Hospital  Service  shall  hereafter  be 
borne  by  tlie  Ignited  States  out  of  the  receipts  for  duties  on 
toiuiage  pr()vid(>d  for  b}'  this  act;  and  so  much  thereof  as 
ma}'  be  necessary  is  hereby  appropriated  for  that  purpose.* 

LAND 

The  Lighthouse  Board  is  authorized,  whenever  an  appro- ,.  Purchase    of 

■7  11/1  !•         *  ^  hghtliouse  Site. 

priation  lias  been  or  may  be  made  by  Congress  tor  a  new    Ji.s.,i,Goo. 
lighthouse,  the  proper  site  for  which  does  not  belong  to  the 
United  States,  to  purchase  the  necessary  land,  provided  the 
purchase-money  be  paid  from  the  amount  appropriated  for 
such  lighthouse. 

"rnder  date  of  .Tune  15,  1S77,  the  President  directed  that  needful 
advances  of  moneys  ai)i)ropriated  for  the  Liji:hth()nse  EstabHshnient 
be  made  to  olHeers  of  the  Army  and  Navy  acting  as  engineers  or  in- 
spectors in  that  service.  (Filed  in  office  of  First  Comptroller,  A^o.  94GS, 
Ji.   /,9.) 

''  It  is  provided  by  Treasury  Department  Circular  No.  77,  1875, 
dated  .June  2.S,  1S75,  thrt  "Sick  and  disabled  seamen  employed  on 
vessels  of  *  *  *  the  I.ightiiouse  Service  will  be  admitted  to  the 
benefits  of  the  Marine  Hospital  Service  upon  application  of  their 
respective  commanding  otiicers." 


72  LTGHT-HOUSE    HOARD 

Nomnneypaid      ^^-^  puhlic  inouov  .sliall  be  cxpendecl  upon  any  site  or  land 

luitii  title  exum-  I  J  1  o.     ,       ^j;         .i  '  •         jt  a.- 

iiud, and  consent  purcna.secl  by  the  United  otates  tor  tlie  i)ur}io,se.s  ot  erectnig 
"^'J^.'^^  I55?"'  thereon  any  armory,  arsenal, fort,  fortitieation,  nayy-yard, 
custom-house,  /i(//if/ioi/.sr,  or  other  public  building,  of  any 
kind  whateycr,  until  the  written  opinion  of  the  Attorne}^- 
General  shall  be  had  in  fayor  of  the  yalidity  of  the  title, 
nor  until  the  consent  of  the  legislature  of  the  State  in 
which  the  land  or  site  may  be,  to  such  purchase,  has  been 
given.  The  district  attorneys  of  the  United  States,  upon 
the  application  of  the  Attorney-General,  shall  furnish  any 
assistance  or  information  in  their  power  in  relation  to  the 
titles  of  the  public  property  lying  within  their  res[)ectiye 
districts.  And  the  Secretaries  of  the  Departments,  upon 
the  application  of  the  Attorney-General,  shall  ])r(K'ure  any 
additional  eyidenco  of  title  which  he  may  deem  necessary, 
and  which  may  not  be  in  the  possession  of  the  otHcers  of 
the  goyernment,  and  the  expense  of  procuring  it  shall  be 
paid  out  of  the  appropriations  made  for  the  contingencies 
of  the  departments  respectively. 
^w^^Jssy.^'''  That  hereafter  all  legal  services  connected  with  the  \iyo- 
(25 Stat.,  9u.)  curement  of  titles  to  site  for  pu])lic  l)uildings,  other  than 
for  life-saving  stations  and  pier-liettd  JUjlitx^  shall  be  ren- 
dered by  United  States  district  attorneys:  Vi'ovUli'd fur- 
ther^ That  hereafter,  in  the  procurement  of  sites  for  such 
public  buildings,  it  shall  be  the  duty  of  the  Attorney- 
General  to  require  of  the  grantors  in  each  case  to  furnish, 
free  of  all  expenses  to  the  government,  all  requisite 
abstracts,  official  certifications,  and  evidences  of  title  that 
the  Attorney-General  may  deem  necessary. 

thorfled*"to  lin'.-     '^^^^^  President  of  the  United  States  is  authorized  to  pro- 
cure   assent  (if cure  the   assent   of  the  legislature  of  any  State,  within 
R.  k,  is3b.       Avhich  any  purchase  of  land  has  been  made  for  the  erection 
of  forts,  magazines,  arsenals,  dock-yards,  and  other  it  ced fid 
hiilldhigs,  without  such  consent  having  been  obtained. 
ereetednndrees*^      No  1 /(jJdhouf<e,  heacoii.,  public  picrs,  or  landmark,  shall 
^''/"'s'  iGci        ^^^  built  or  erected  on  any  site  until  cession  of  jurisdiction 
over  the  same  has  been  made  to  the  United  States." 
Cession   may       \  ccssiou  by  a  State  of  I'urisdiction  over  a  place  selected 

reserve    serving  ,  »         .  •'  *- 

process.  as  th(>  site  of  a  liglithous(\  or  other  structure  or  work  of 

K.  s.,  i,(,i,'2.  the  Ijighthouse  Establishment,  shall  be  deemed  sufficient 
within  the  preceding  section,  notwithstanding  it  contains 
a  reservation  that  process  issued  imder  authority  of  such 
State  niay  continue  to  be  served  within  such  place.  And 
notwithstanding  any  such  cession  of  jurisdiction  contains 
no  such  reservation,  all  process  may  be  served  and  executed 
within  the  place  ceded,  in  the  same  manner  as  if  no  cession 
had  l)een  made. 

lighthouses.  ^"^  Whenever  preliminary  surveys  are  required  to  ascertain 
R.  s.,  1,663.  the  necessity'  for  any  lighthouse,  lightship,  beacon,  or  other 
warning  to  vessels,  the  erection  of  which  is  or  may  he  au- 
thorized 1)3'  law,  or  to  determine  the  pro[)er  site  for  the 
same,  or  to  ascertain  more  fully  what  the  public  exigency 


"Thi.s  spf'lioii  is  ainendt'd  in  special  cases  to  allow  lights  on  leased 
ground. 


LIGHT-HOUSE   BOARD  7.*^ 

roquiros.  the  Secretary  of  Comniorce  and  Labor  may  cause 
th(>  no(M'ssarvoxaniinations  and  surveys  on  the  soa-})oard  to 
1)0  made  uiuliM'  tlic  direction  of  the  Superintendent  of  tlii^ 
Coast  [and  (Jeodi'ticj  Sui-vey,  and  those  on  the  northwest- 
ern hd<es  to  he  made  uiuh'i'  the  diiHM'tion  of  the  C'()r})s  of 
Knoineers.  In  all  cases  in  which  adverse  r(^])or(s  are  made, 
thev  shall  he  suhmitted  to  Conorrss  at  its  next  session. 
In  all  cases  in  which  the  objects  authoi-i/ed  are  favorably 
leported  upon,  the  works  may  be  conuuenced  inunediately 
after  valid  titles  and  cessions  of  jurisdiction  shall  have 
lieen  ()l)tained  to  the  sites. 
The  Secretarvof  C'ommerceand  Labor  shall  have  iwwer    secretary  may 

11  "i  .  •  ,"^  I  II-  i.'  .  sell  real  estate. 

to  order  the  sale   at   auction,  alter  due  puhlic   notice,  or    .rune  j.i,  ;.•.?/,, 
any  real  estate  or  other  property  ])ertainin_o-  to  the  \j'^ 'J:\it- l'ii',^!i'.'''j;f~^l.^/'l!_ 
house   Kstablishment,  no  lono'er  required  for  lighthouse ''"''•'• 
inirposes;  the  ])roceeds  of  such  sales,  after  the  payment 
therefrom  of  the  expenses  of   makincT  the  same,   to  be 
de])Osited  and  covered  into  the  Treasury  as  miscellaneous 
receipts,  as  now  provided  l)y  law  in  like  cases. 

I  The  Liuhthouse  Board  is  authorized  to  lease  the  neces-    Leased grouiui. 
sarv  o-round  for  all  such  liii'lits  and  beacons  as  ai"e  used  to 
point  out  chano'oabh^  channels,  and  which  in  conseijuence 
cannot  be  made  permanent.     Some  thirty  waters  were  in- 
cluded in  appropriation  act  of  March  3,  1903.] 

The  Secretary  of  Commerce  and  Lalior  is  hereby  author-    Titio  to  pier- 
ized,  whenever  he  shall  deem   it  advisal)le,  to  acquire,  by  suel 
donation  or  purchase  in   behalf  of  the  United  States,  tlie    fissul/^sri) 
riiiht  to  use  and  occupy  sites  for     *      "      *      pier-head 
beacons   the    establishment  of  which   has   been,   or  sliall 
hereafter  1)(\  authorized  ]>y  Congress. 

The  jurisdiction  of  the  Lit^'hthouse  Board  is  extended  so  .  saginaw  nmgre 
that  it  shall  l)e  lawful  for  said  board  to  lease  the  necessary  ^^.ua,-.  s.  isTr,. 
«j'round  for  erection  and  maintenance  of  lights  to  guide  into    *^*  *''^^'  ^^"-^ 
the  cut  through  the  outer  l)ar  at  the  mouth  of  the  Saginaw 
River,  in  the  State  of  ^lichigan.' 

The  I-iighthouse  Board  is  hereby  authorized  to  estal)lish^jr'om^e^^Lake 
a  small  pier-head  light  on  the  pier  of  the  Portage  Lake '  jmhc^o,  2,s7.s. 
Ship  Canals,  Lake  Superior,  and  to  lease  so  much  of  said    (~o  stat.,  an.) 
pier  as  may  be  necessary  for  said  purpose.     And  the  pro- 
vision of  sections  three  hundred  and  fffy-Jive  and  fort y- 
x'l.r  Jniadrrd  (nut  .s!.i'ti/-a)ie  of  the  Revised  Statutes  of  the 
United  States  shall  not  be  applicable  to  this  structure  so  ■ 
far  as  title  to  the  site  thereof  and  cession  of  jurisdiction 
thereover  are  involved." 

Authority  is   hereb}^  given  to  the  Secretary  of  Com- ^j^ecretary  may 
merce  and  Labor  to  lease,  at  his  discretion  for  a  period  not  pied  u.  s.  prop- 
exceeding  five  3'ears,  such  unoccupied  and  unproductive '^'^j]^^,.  _,  ;s~9 
proj^erty  of  the  United  States  under  his  control,  for  the    i-'o  siat,  ass.) 
leasing  of  which  there  is  no  authority  under  existing  law, 
and  such  leases  shall  be  reported  annually  to  Congress. 

"The  law  i>r()hibitinj;  the  cojistrnction  of  Gdvornnicnt  Iniildings  on 
leased  ^'rouiid  (R.  8.  355  and  4G(Jl)  m  here  made  inai»i)Iiealjle. 


74  LIGHT-HOUSE    BOARD 

of'i'ind'^"'"^*'""  ^'^  every  ease  in  wliidi  the  Secretary  of  the  Treasury 
Aiuj.'i,  isss.  or  any  otlicr  officer  of  t]>e  (jrovernment  has  l)een,  or  here- 
(;25.sYa«.,  3.W.)  ^^^^j.  ^c^\  ],p^  authorizcd  to  procure  real  estate  for  the 
erection  of  a  j)uhllc  hnllding  or  for  other  ptihlic  uses 
he  shall  be,  and  is  hereby,  authorized  to  acquire  the  same 
f6r  the  United  States  b}^  condemnation,  under  judicial 
process,  whenever,  in  his  opinion,  it  is  necessary  or  advan- 
tageous to  the  (xovernment  to  do  so,  and  the  United  States 
circuit  or  district  courts  of  the  district  wherein  such  real 
estate  is  located,  shall  have  jurisdiction  of  proceedings  for 
such  condemnation,  and  it  shall  be  the  duty  of  the  Attorney- 
Oeneral  of  the  United  States,  upon  every  application  of 
the  Secretary  of  Commerce  and  Labor,  under  this  act,  or 
such  other  officer,  to  cause  proceedings  to  be  conunenced 
for  condemnation,  within  thirt}'  daj's  from  the  receipt  of 
the  application  at  the  Department  of  Justice. 
Sec.  2.  The  practice,  pleadings,  forms  and  modes  of  proceed- 

ing in  causes  arising  under  the  provisions  of  this  act 
shall  conform,  as  near  as  may  be,  to  the  practice,  plead- 
ings, forms  and  proceedings  existing  at  the  time  in  like 
causes  in  the  courts  of  record  of  the  State  within  which 
such  circuit  or  district  (nnirts  are  held,  any  rule  of  the 
court  to  the  contrary  notwithstanding. 

LIGHTS   AND   BUOYS 


Pierheads  to     The  Lighthousc  Board  shall  properly  mark  all  pier-heads 
bc^marked.^        l)olonging  to  tlic  United  States  situated  on  the  northern 
'' "'  "  ""       and  northwestern  lakes,  whenever  the  board  is  duly  noti- 
fied by  the  department  charged  with  the  construction  or 
repair  of  pier-heads  that  the  construction  or  repair  of  any 
such  pier-heads  has  been  completed. 

(1  ?sf o n  u iuie'f     '^"'^*^'  Secretary  of  Commerce  and  Labor  may,  upon  the 

and    reestab- recomuKmdation    of   the    Lighthouse    Board,   discontinue 

^'*!^!s:, /,fi;;j.       from  time  to  time  such   lights  as  may  from  any  cause 

become  useless  or  unnecessary.     And  he  may,  upon  the 

like  reconmiendation,  from  time  to  time  reestablish  any 

lights  which   have  been  thus  discontinued  whenever  he 

believes  such  reesta])lishment  to  be   required   by  public 

convenience  or  the  necessities  of  trade  or  couunerce. 

Life-sayinj?     The  Secretary  of  the  Treasurv  may  also  establish  such 

station.s  at  light- ri-/.  •        t      ,    'j  •  i  i      i-    'i  j.i       '  •        i   •       •      i 

houses.  •   [life-savmgj  stations  at  such  lighthouses  as,  in  his  judg- 

ji.  s., /Mr,.       nient,  he  shall  deem  best,  and  the  keepers  of  such  lights 

shall  take  charge  of  such  boats  and  apparatus  as  may  be 

put  in  their  charge  respectively,  as  a  part  of  their  otiicial 

duties. 

at^HKiuhouses"'  The  Secretary  of  War  is  authorized  to  estal)lish  signal 
ii.!^.,'233'.  "  stations  at  lighthouses  and  at  such  of  the  life-saving  sta- 
tions on  the  lake  or  sea  coast  as  may  be  suitably  located 
for  that  purpose,  and  to  connect  the  same  with  such  points 
as  may  be  necessary  for  the  proper  discharge  of  the  signal 
service  by  means  of  a  suitable  telegraph  line  in  cases  where 


I 


LIOIIT-HOUSE    BOARD  75 

no  lines  arc  in  ()])(Mali()n.  to  be  constructed,  niaintainod,  and 
worked  under  the  diriH'tion  of  the  ('lii(>t'  Sjonal  OfHeer  of 
the  Arniv,  or  th(^  Secn^tary  of  War  and  tlu»  Secretary  of 
v'oinnierei^  and  Labor;  and  thc^  use  of  the  lifc-savin*i"  sta- 
tions as  siunul  stations  shall  be  sul)ject  to  such  regulations 
as  may  be  a>i"reed  upon  by  said  oflicials. 

Kverv  person  who  holds  out  or  shows  any  false  lio-lit,  or    renuity  for 
extin.uuisluvs  any  true  li^-ht,  with  intent  to  brino-  any  ves- ^"^y ^JJ^'lj^j^ 
sel.  sliiliiiii'  ui><ui  the  sea,  into  danger,  or  distress,  or  ship- 
wreck, shall    be  ])uni.shed  by  a   tine  of  not  more  than  tive 
thousand  dollars,  and  imprisoned  at  hard   labor  not  more 
than  ten  y(nirs. 

The  Lighthouse  Boai'd  uiay,  when  tli(\y  deem  it  is  nee-    MarkiiiKot 
essarv,  i)lace  a  li^ht-vessid,  or  other  suitable  wai-nino-  oV^J^''^'^' ^„~r,. 
dani;er,  on  or  over  any  wreck  or  temporary  obstruction  to 
the  (Mitrance  of  any  harbor,  or  in  ihe  channel  or  fairway 
of  any  bay  or  sound. 

WheiuM-er  any  of  the  li<iht- vessels  occupying-  positions    PormancMit 
which  are  adapted  to  the  erection  of  lighthouses  upon  pile  rf.plar'.ul^du-Ve^^^ 
foundations  recpiire  to  be  rebuilt,  or  require  sucli  extensive  ^^'^'J-  ^,  ^^^^,^, 
repairs  as  to  render  the  substitution  of  such  lighthouses 
advisable  and  practicable,  such  permanent  structures  may 
be  erected  in  place  of  any  such  light- vessels;  but  the  ex- 
pense arising  from  all  such  changes  and  erections  shall  be 
defrayed   from    the   general   annual    appropriations   for 
repairs,  and   so  forth,  of    light-vessels,    except   when    a 
special  appropriation  is  made  for  such  change. 

All  buovs  alonir  the  coast,  or  in  bays,  harbors,  sounds,    ^^""/^io  be 
or  channels,  shall  l)e  colored  and  numbered,  so  that  passuig  bomi. 
up  the  coast  or  sound,   or  entering  the  I )ay,  harbor,  or    ^''- ''^■' '''''"^'• 
chaiuud,  red  ])uoys  with  even  numbers  shall  l)e  passed  on 
the  starboaid  hand,  black  buoys  with  uneven  nimibers  on 
the  ])()rt  hand,  and  buoys  with   red  and   Idack  stripes  on 
either  hand.     Buoys  in  channel-waj's  shall  be  colored  with 
alternate  white  and  black  perpendicular  stripes. 

All  parties  owning,  occupying,  or  operating  bridges  over    l  i  jr  h  t  i  n  g 
any  navigable  river  shall  maintain  at  their  own  expense,  |'^^'/,\if^VVhx^^^^^^^^ 
from  sunset  to  sunrise,  throughout  the  voar,  such  lights  on     ^v';//'*f!-9 ^ 
their  bridges  as  may  be  re(piired  by  the  Tjighthouse  Board 
for  the  security  of  navigation;  and  in  addition  thereto,  all 
persons  owning,  occupying,  or  operating  any  bridge  over 
any  navigable  river  shall,  in  any  event,  maintain  all  lights 
on  their  bi-idge  that  may  ])e  necessary  for  the  securit}^  of 
navigation. " 

MTSCEIJ.ANEOU8 

Masters  of  lio-hthouse  tenders  shall  have  police  powers  in    Masters    of 

,  ,  •     •     '  .      r^  i.  i.  I  1  •  toiidors  have  po- 

matters  pertannng  to  Cxovernment  property  and  sm  uggluig  uw  i.owors. 

"  .     June  IG.  ISSO. 

Any  person  who  shall  willfully  and  unlawfull}'  injure    impairing pub- 
anv  pier,  breakwater,  or  other  work  of  the  United  States  ^\iup.  iX  is76. 

' ( 19  Stat.  ,139.) 

"Tlu'  luaintcnaiK'c  of  lii^litn  l)y  owners  of  l)ri(l<,'t'S  is  rt'qniretl    hy 
acts  authorizinuf  construction  of  Ijriilges. 


T<>  LIGHT-HOUSE    BOARD 

for  the  iniprov(MiiGnt  of  rivovs  or  liarl)ors,  or  iiiiviuiition 
ill  the  United  States,  shall,  on  conviction  thereof,  be  pun- 
ished l\y  a  tine  not  exceetlino-  one  thousand  dollars. 

Isn'khdTfih.)      It  shall  not  be  lawful  for  any  person  or  persons  to  take 
Sec.  ih.  possession  of  or  make  use  of  for  any  purpose,  or  ])uild 

upon,  alter,  deface,  destroy,  moye,  injure,  obstruct  by 
fastening  vessels  thereto  or  otherwise,  or  in  any  manner 
whatever  impair  the  usefulness  of  any  sea  wall,  liulkhead, 
jett}^,  dike,  levee,  wharf,  pier,  or  other  work  ))uilt  by  the 
United  States,  or  any  piece  of  plant,  fioating-  or  otherwise, 
used  ill  the  construction  of  such  work  under  the  control  of 
the  United  States,  in  whole  or  in  ])art,  for  the  pi'eservation 
and  improvement  of  any  of  its  navigal)le  waters  or  to  pre- 
v(Mit  floods,  or  as  hoiindm'y  marks.,  tide  (jmujes^  surveyliH/ 
■stdtlons.,  hif<n/s\  or  other  extahUsJied  onar'ks.,  nor  remove  for 
ballast  or  other  purposes  any  stone  or  other  material  com- 
posing such  works:  Provided.,  That  the  Secretary  of  War 
may,  on  the  recommendation  of  the  Chief  of  Engineers, 
grant  permission  for  the  temporary  occupation  or  use  of 
any  of  the  aforementioned  public  works  when  in  his  judg- 
ment such  occupation  or  use  will  not  ])e  injurious  to  the 
public  interest. 
Penalties  Evcry  person  and  every  corporation  that  shall  violate, 

Sec.  16.  ^^^.  ^j^.^^  .shall  knowingly  aid,  abet,  authorize,  or  instigate  a 

violation  of  the  provisions  of  section  *  *  *  fourteen 
of  this  Act  shall  be  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof  shall  be  i)unished  by  a  line  not  exceeding 
twent3'-live  hundred  dollars  nor  less  than  live  himdrecl 
dollars,  or  by  imprisonment  (in  the  case  of  a  natural  per- 
son) for  not  less  than  thirty  days  nor  more  than  one  year, 
or  by  l)oth  such  line  and  imprisonment,  in  the  discretion 
of  the  coui't,  one-half  of  said  line  to  l)e  paid  to  the  person 
or  persons  giving  information  which  shall  lead  to  con- 
viction. And  any  and  every  master,  pilot,  and  engineer, 
or  person  or  persons  acting  in  such  capacity,  respectively, 
on  board  of  any  boat  or  vessel  who  shall  *  *  *  will- 
fully injure  or  destroy  any  work  of  the  United  States 
contemplated  in  section  fourteen  of  this  Act,  *  *  * 
shall  be  deemed  guilty  of  a  violation  of  this  Act,  and  shall 
upon  conviction  be  punished  as  hereinbefore  provided  in 
this  section,  and  shall  also  have  his  license  revoked  or  sus- 
pended for  a.  term  to  be  fixed  ])y  the  judge  l>efore  whom 
tried  and  convicted.  And  any  boat,  vessel,  scow,  raft,  or 
other  craft  used  or  employed  in  violating  any  of  the  pro- 
visions of  section  *  *  *  fourteen  of  this  Act  shall 
he  liable  for  the  pecuniary  penalties  specilied  in  this  sec- 
tion, and  in  addition  thereto  for  the  amount  of  the  dam- 
ages don(>  ])y  said  boat,  vessel,  scow,  raft,  or  other  craft, 
which  latter  sum  shall  be  placed  to  the  credit  of  the  appro- 
priation for  the  impro\'ement  of  tlie  harbor  or  waterway 
in  Avhich  the  damage  occurred,  and  said  l)oat,  vessel,  scow, 
raft,  or  other  craft^  may  be  proceeded  against  summarily 
by  way  of  libel  in  any  district  court  of  the  United  States 
having  jurisdiction  thereof. 


LIOUT-llUCSK    JJOAKD  77 

'I'hc  Dt'inirtiiu'iit of  Justice^  shall  coiKluct  llic.  K'^al  pro-    ■'■^"'- >''■ 
ceocliiius  iiecessarv  to  onlorcc  tUo  tOroiioiii*^"  })rovi.si<)ns  of 
sections  nine  to  sixteen,  inclusive,  of  this  Act.      ""     *     * 

I  Authori/ation  for  acceptance  of  Statue  of  Lihertv,  New  ^^■^';">"^'  "'  ^^^>- 
Voik  Ilarhor,  and  the  estal)lishnnMit  of  a  lii>-lit  there  was    .i/ar. .;, /.s;/. 
o-iven  by  act  of  iMarch  ;',,  ISTT.      By  ri-esi(lent's()r(lcr  of    ('■■''"'•>■'''"'■) 
December  80,    l'.»Ol,  all    jurisdiction  over  this   light  was- 
transferred  to  War  Department.] 

"  I  Maintenance  of  liuhts  in  Alaska  and  Porto  Rico  is  pro-  i-onlMto.  '""' 
vidcd  foi'  in  approi)riatioii  acts.  | 

Any  law  or  i-egulation  proirihitin*^-  the  employuient  in  .^'^'•^"i    ^'i'" 

the  li>;ht-houses  of  the  Llnited  States  of  persons  of  more  Jh/hJo,  isse. 

than   forty-Hvc  years  of  aye   be  and  the  same  is  hereby  (■'"'•''"<- ^w-) 
repealed. 

The  Secretarv  of  Commerce  and  Labor  may  authorize    V'"','','^'-..- 

,.•     ,  y         ■■         ••  •     1  1   I  •       i •  !■       1  Jan.  l.:,lis9o. 

the  pruitm*;' of  the  '"     '"'     special  i)ublications  of  the    (^s am., ezs.) 

*     *     *     Li t>-lit-I louse    Board    in    such    editions    as    the    ^''''■•*'^- 
int(>rest,s  of  tlie  (Jovernment  and  of  the  pu))lic  may  re([uire, 

[The  Otiice   of    the  Lio-ht-Housc  Board  consists  of  a^pffl"^?  ?!   ^^''^ 
ciuef   clerk,  at    a    salary    or   ij>*2,400,   and    clerks,  draits- Board, 
men,  etc. J  acts! 


.   «  Aids  to  Xavigatitni  in  Porto  Rico  were  taken  charge  of  under  an 
order  of  the  Preieident. 


CHAPTER  VIII 
BUREAU  OF  THE  CENSUS 


Before  the  adoption  ot"  the  Constitution,  which  provided  for  a  decen-. 
nial  enumeration  on  which  to  base  representation  and  direct  taxation, 
estimates  of  the  colonial  population  had  been  purel}^  conjectural.  The 
first  enumeration  after  the  establishment  of  our  present  form  of  gov- 
ernment, was  under  the  act  of  March  1,  ITiH),  which  pi'ovided  that  it 
should  V)e  taken  by  United  States  marshals,  who  were  to  make  retui'ns 
to  the  President.  The  agency  of  United  States  marshals  was  used 
until  the  census  of  1880.  Beginning  with  the  second  enumeration 
(1800),  the  Secretar}^  of  State  had  general  supervision,  until  the 
establishment  of  the  Department  of  the  Interior  (1849),  when  the 
Census  Office  was  placed  under  that  Department  to  remain  until  it 
was  transferred  b}^  the  act  approved  February  14, 1H03,  to  the  Depart- 
ment of  Commerce  and  Lal)or,  from  and  after  July  1,  1903.  By  order 
of  the  Secretary,  July  1,  1903,  the  name  "Bureau  of  the  Census"  was 
adopted. 

In  January,  1800,  two  learned  societies  memorialized  Congress  to 
enlarge  the  scope  of  census  inquir}",  and  in  the  third  enumeration 
(1810),  Congress  provided  for  the  collection  by  the  marshals  of  cer- 
tain industrial  statistics  upon  schedules  prepared  by  the  Secretary  of 
the  Treasur}'.  In  this  enumeration  "an  actual  inquiry  at  every 
dwelling  house*"  was  prescribed. 

The  fourth  enumeration  (1820)  included  a  limited  num])er  of  indus- 
trial and  occupation  statistics.  The  tifth  enumeration  (1830)  related 
to  population  oid}',  and  for  the  first  time  uniform  printed  schedules 
were  used.  The  Sixth  Census  (1840)  extended  its  inquiries  to  occiq)a- 
tions  of  the  people  and  included  industrial  and  conunercial  statistics. 
The  census  of  1810  marks  the  beginning  of  an  eli'ort  to  make  the 
decennial  enumeration  the  instrument  for  ascertaining  something 
beyond  the  mei'e  number  of  persons  of  each  sex  and  the  various  ages 
of  the  population.  Prior  to  that  nothing  had  been  done  systematically 
to  show  the  growth  and  development  of  the  country's  industries  and 
resources.  The  Intei'ior  Department  took  up  the  supervision  of  the 
census  in  1819,  the  first  one  to  be  taken  under  its  direction  being  the 
Seventh  (1850).  This  census  was  taken  on  six  schedules — (I)  free 
inhabitants,  (2)  slave  inhabitants,  (3)  mortality,  (1)  productions  of  agri- 
78 


BUREAU    OK    THE    CENSUS  7\) 

cultui't',  (.">)  products  of  iiuUistry,  iiii(l(<>)  socitil  statistics.  Tills  nidical 
aiiipiilication  of  statistics  iiiarl<s  an  epoch  in  the  liistory  of  census 
tal<in«i"  in  tlie  I'^nited  States,  Tliis  was  tlie  first  census  to  be  talvcn 
uiulcr  a  Superintending-  clerk. 

Ill  1857  Conj^ress  provided  for  a  census  of  Minnesota  prior  to  its 
aihnission  as  a  State. 

The  act  of  May  23,  185U,  under  wliich  tlie  Seventh  Census  was  taken 
was  the  hiw  under  which  the  Eighth  (1860)  and  Ninth  (1870)  Censuses 
were  taken.  The  work  of  the  Eighth  Census  was  completed  under 
(he  Commissioner  of  the  General  Land  Ollice.  Tallying-  machines 
were  first  used  in  the  Ninth  Census  (L87J). 

In  lS()i>  and  1870  a  special  committee  of  Coni^-ress  investi*>'ated  in 
detail  census  n_eeds,  and  the  report  of  its  cliairman,  General  Garheld, 
formed  the  groundwork  of  the  Tenth  Census.  An  unsuccessful  effort 
to  estahlish  a  quinquennial  census  was  made  in  1875.  The  Superin- 
tendent of  Census  was  first  appointed  l)y  the  President,  b}^  and  with 
the  advice  and  consent  of  the  Senate,  in  the  Tenth  Census  (1880),  this 
official  having  theretofore  been  a  superintending  clerk,  appointed  by 
the  Secretary  of  the  Interior,  under  the  law  of  1850.  In  this  census 
(1880)  the  services  of  United  States  marshals  were  dispensed  with, 
and  supervisors  of  census  were  appointed  by  the  President  and  con- 
firmed ])y  the  Senate,  while  the  supervisors,  in  turn,  nominated  enu- 
merators in  their  respective  districts.  Provision  was  made  in  the 
census  jict  of  18.80  for  an  interdecennial  census,  in  1885,  l)y  au}^  State 
or  Territor}',  the  Federal  Government  to  bear  a  portion  of  the 
expense.  Three  States  and  two  Territories  availed  themselves  of  this 
opportunity. 

The  census  of  1880,  in  the  variety  of  its  investigation  and  in  com- 
pleteness of  detail,  marks  the  beginning  of  the  third  era  in  census 
taking  in  this  country.  The  enumerations  prior  to  the  law  of  1850 
had  in  effect  amounted  to  nothing  more  than  a  count  of  the  population, 
though  some  advance  along  the  line  of  industrial  statistics  had  been 
made.  The  three  censuses  taken  imder  the  law  of  1850,  although 
decided  improvements  over  the  earlier  enumerations,  were  deficient  in 
many  respects.  The  census  of  1880,  by  its  change  in  the  methods  of 
supervising  and  collecting  data,  and  the  employment  of  experts  in 
making  special  investigations,  enat)led  the  nation  to  know  more 
accurately  the  facts  concerning  its  population,  wealth,  industries,  and 
varied  resources. 

The  census  of  18'J0  was  taken  along  the  same  comprehensive  lines 
as  the  preceding  census.  It  was  not  intended  originally  to  follow  the 
plan  of  the  Tenth  Census,  ])ut  the  \ii\v  of  ]\Iarch  1,  188i>,  under  which 
the  Eleventh  Census  was  taken,  supplemented  by  later  legislation 
requiring  information  as  to  "farms,  homes,  and  mortgages,"  resulted 
practically  in  as  many  different  subjects  of  iiuiuiry,  and  as  man}^  vol- 


80  HUEEAU    OF    THE    CENSUS 

limes  constitiitiup-  the  tiaal  report.  The  work  of  the  census  was 
assigTied  to  twenty-five  divasions,  each  devoted  to  some  special  l)ranch 
or  feature.  An  electrical  system  of  tabulation  was  used  for  the  first 
time  in  compiling-  the  statistics  relating  to  population  and  mortality, 
and  to  crime,  pauperism,  and  benevolence.  The  work  was  completed 
•  by  the  Commissioner  of  La])or,  b}"  direction  of  Cong-ress. 

The  census  of  lOOU  was  taken  under  the  act  of  March  o,  l.S!)D,  ))y 
which  the  Director  of  the  Census  was  given  entire  control  of  the  work, 
including  the  appointment  of  the  statisticians,  clerks,  and  other 
emplo3"ees  of  the  Census  Office.  The  decennial  work  was  limited  to 
inquiries  relating  to  population,  mortality,  agriculture,  and  manufac- 
tures, but  provision  was  made  for  the  collection  of  statistics  relating 
to  various  special  subjects  after  the  completion  of  the  decennial  work. 
This  division  of  the  work  constituted  a  radical  departure  from  the 
course  })ursued  at  the  two  preceding  censuses,  at  which  the  effort  was 
made  to  carry  on,  practically^  simultaneous!}',  the  work  relating  to 
twenty  or  more  distinct  subjcicts  of  investigation.  The  general  reports 
of  the  Twelfth  Census,  comprised  in  ten  quarto  volumes,  were  pub- 
lished, in  conformity  with  the  requirements  of  the  census  act,  on  or 
before  July  1,  1902,  or  within  two  yeai'S  from  the  date  set  for  the 
legal  termination  of  the  enumeration  work.  The  system  of  electrical 
tabidation  was  again  enq)]oyed  in  the  work  of  the  Twelfth  Census, 
after  a  competitive  test,  and  was  utilized  to  advantage  in  thetal)uiation 
of  the  statistics  of  population,  mortality,  and  agTiculture. 

The  necessity  for  the  establishment  of  a  permanent  statistical 
bureau  to  which  the  work  of  the  decciuiial  census  might  also  be 
intrusted,  was  recognized,  indirectly  at  least,  as  early  as  1845,  and 
beginning  with  1800  reconnnendations  for  the  establishment  of  a 
national  bureau  of  statistics  were  embodied  in  the  annual  reports  of 
the  Secretar}^  of  the  Interior  up  to  and  including  the  year  1865. 

Similar  suggestions  were  made  after  that  date  for  the  establishment 
of  a  central  bureau  of  statistics  at  Washington,  but  no  direct  action 
toward  providing  for  a  permanent  census  office,  as  such,  was  taken  Ijy 
Congress  until  February  KJ,  I8!>i,  when  the  Senate  directed  the  Sec- 
retar}^  of  the  Interior  to  consider  and  report  on  the  expediency  of  the 
establishment  of  a  permanent  ciuisus  bureau.  No  final  action  in  the 
matter  was  taken  by  C-ongress,  however,  and  nothing  more  was  done 
until  March  19,  1890,  when  the  Conmiissioner  of  Labor  was  directed 
to  report  to  the  Congress  for  its  consideration,  as  soon  as  practical)le, 
a  plan  for  a  permanent  census  service.  The  Commissioner  of  Labor, 
under  date  of  December  7,  1896,  reported,  as  thus  directed,  a  tentative 
organic  administrative  act  by  which  an  independent  census  office  was 
to  be  established,  leaving  the  details  of  the  Twelfth  and  subsiujuent 
censuses  to  the  officers  having  them,  respectively,  in  charge.  Noth- 
ing came  of  this  effort,  however,  and  no  provision  was  made  for  a 


BUREAU    OF   THE    CENSUS 


81 


ncriiuiiiciit  cHMisiis  ollico  until  the  i)ii,s.siio-o  of  the  act  of  Murcli  <!,  ll»<>2. 
This  net,  uiuU'i-  which  the  pci'iiiaiuMit  Coiisus  Oilicc  was  organized 
,hilv  1,  15>(>2,  provides,  in  addition  to  the  collection  of  statistics  of 
i)opulation,  mortality,  agriculture,  and  inanufactuies  at  tlu>  decennial 
period,  for  (d)  the  collection  decennially  of  statistics  relatino-  to  special 
classes,  includino'  the  insane,  feel)le minded,  deaf,  duinh,  and  blind; 
to  crime,  pauperism,  and  benevolence,  includino-  prisoners,  paupers, 
juvenile  deliiupients,  and  iiunates  of  bene\()l(Mit  and  reformatory 
institutions;  to  social  statistics  of  cities;  to  pul)lic  indet)tedness,  valua- 
tion, ttixation,  and  expenditures;  to  religious  bodies;  to  electric  light 
and  power,  telephone,  and  telegraph  1)usiness;  to  transportation  l)}^ 
water,  express  business,  and  street  railways;  to  mines,  mining,  ([uar- 
ries.  and  minerals;  (h)  the  collection  annually  of  statistics  of  births 
and  di'aths  in  registration  areas;  and  of  the  statistics  of  cotton  pro- 
duction of  the  country  as  returned  by  the  ginners;  {<;)  the  collection 
in  i9(»r>,  and  every  ten  3"ears  thereafter,  of  the  statistics  of  manufac- 
tures under  the  factory  system;  and  (d)  the  collection  from  time  to 
time  of  additional  statistics  relating  to  agriculture,  mamifactures, 
mining,  transportation,  fisheries,  or  any  other  branch  of  industry  that 
may  be  required  b}'  Congress. 


Siiperintendenfn  and  Directors  of  the  Census  tritJi  dates  of  service. 


Superintending  clerk. 


Josepli  C.  G.  Kennedy  . 

James  1).  B.  De  Bow  . . . 

Do 


Joseph  C.  G.  Kennedy  . 

Do 

Francis  A.  Walker 


Superintendent. 


Francis  A.  Walker . 
Cliiirlcs  \V.  Seaton  . 
Robert  P.  Porter... 


Commissioner  of  Ldlior  in  chanje  Eleventh  Ceni'us 
Carroll  D.  WriRht 

Director. 

William  R.  Merriam 

S.  N.  D.  North 


May 
Mar. 

July 
June 
Feb. 


Apr. 
Nov. 
Apr. 


31,1850 

18, 1853 

1855  <i 

1,1858  ft 

1,1860 

7, 1870 


1,1879 
4, 18M1 
17, 1880 


Out.      5, 1893 


Mar. 
June 


7, 1899 
9,1903 


Mar.  18, 
Dec.   31, 

May  31, 
Mav  31, 
Nov.  21, 


Nov.  3, 
Mar.  3, 
July   31, 


June 


1853 
1854 

ISliO 
]sr,5 
1871 


1.S81 
1.S85 
1893 


«To  prepare  report  on  mortality. 


i)  To  prepare  digest  of  manufactures. 


LAW  PERTAINING  TO  THE  BUREAU  OF  THE  CENSUS 

[As  modified  by  act  of  February  14,  1903.] 

The  actual  enumeration  shall  be  made  within  three  years   ^^"^i''l%l'^2 
after  the  first  meeting  of  the  Congress  of  the  Ihiited  States, 
and  within  every  subsequent  term  of  ten  years,  in  such 
manner  as  they  [Congress]  shall  by  law  direct. 
27028—04 0 


82  BUREAU    OF    THE    CENSUS 

ccnsu'"  iLuie     '^^^^  CciLsus  Office  temporarily^  estaljlishcd  in  the  Depart- 

permanent.        iiicnt  of  the  Interior  in  accordance  with  an  Act  entitled 

(Sa1:/iS"    "An  Act  to  provide  for  taking  the  Twelfth  and  subse- 

.S(c.  1.  qiient  censuses,"  approved  March  third,  eighteen  hundred 

and  ninety-nine,  is  herel)y  made  a  permanent  office. 
Twelfth  cen-     The  work  pertaining-  to  the  Twelfth  Census  shall  be  car- 
^"permanent  ried  On  ])y  the  Census  Office  under  the  existing  organiza- 
^sec"!.^"*^^*^"'   t^*^"  until  the  lirstday  of  July,  nineteen  hundred  and  two, 
when  the   permanent  Census  Office  herein  provided  for 
shall  be  organized  by  the  Director  of  the  Census. 
^ec^'sT^'  '^^6  permanent  Census  Office  shall  be  in  charge  of  a 

Director  of  the  Census,  appointed  by  the  President,  by 
and  with  the  advice  and  consent  of  the  Senate,  who  shall 
receive  an  annual  salary  of  six  thousand  dollars.     It  shall 
be  his  duty  to  superintend  and  direct  the  taking  of  the 
Thirteenth  and  subsequent  censuses  of  the  United  States 
and  to  perform  such  other  duties  as  ma}"  be  imposed  upon 
him  by  law. 
Organization.       There  shall  ])e  in  the  Census  Office,  to  l)e  appointed  hy 
the  Director  thereof,  with  the  approval  of  the  head  of  the 
Department  to  which  the  said  (Census  Othce  is  attached, 
cians!^  ^  ^  *'  ^    f our  chicf  statisticians,  who  shall  be  persons  of  known  and 
tried  experience  in  statistical  work,  at  an  annual  salary  of 
Chief  clerk,      two  thousaud  fivc  hundred  dollars  each;  a  chief  clerk,  at 
an  annual  salary  of  two  thousand  five  hundred  dollars, 
or,  when. '  "^^   who,  in  the  absence  of  the  Director,  shall  serve  as  acting 
eierk*^^"'^*^^"^^^^^"^^'^^^"'  ^  disbursing  clerk,  who  shall  also  act  as  appoint- 
ment clerk,  at  an  annual  salary  of  two  thousand  five  hun- 
dred  dollars;  one  stenographer,   at   an  annual  salary  of 
Chiefs  of  divi- one  thousand  five  hundred  dollars;  four  expert  chiefs  of 
division,  at  an  annual  salary  of  one  thousand  eight  hnn- 
cierks,  etc.      drccl  dollars  each;  six  clerks  of  class  three;  ten  clerks 
of  class  two;  and  such  number  of  clerks  of  class  one, 
and  of  clerks,  copyists,  computers,  and  skilled  lal)orers, 
with  salaries  at  the  rate  of  not  less  than  six  hundred  dol- 
lars  nor   more  than    one    thousand    dollars   per   annum, 
messengers,    assistant   messengers,    watchmen,    unskilled 
lal)orers,"  and  charwomen  as  may  l)e  necessary  for  the 
proper  and  prompt  performance  of  the  duties  recjuired  by 
oiEl^LV^^V'^hiw.     The  disbursing  clerk  herein  ])rovided  for  shall,  be- 

clerk,  bona  of.  .  r* .      ,       .  .       ^ ,  ,  - 1       ■  i  V 

tore  entering  upon  his  duties,  give  bond  to  tlie  Secretary 
of  the  Treasury  in  the  sum  of  twenty-five  thousand  dol- 
lars, which  bond  shall  be  conditioned  that  the  said  officer 
shall  render  a  true  and  faithful  account  to  the  proper 
accounting  officers  of  the  Treasury  quarter  yearly  of  all 
moneys  and  properties  which  shall  be  received  by  him  by 
virtue  of  his  office,  with  surety,  to  be  approved  by  the 
Solicitor  of  the  Treasury.  Such  bond  shall  l)e  filed  in  the 
office  of  the  Secretary  of  the  Treasury,  to  be  l)y  him  put 
in  suit  upon  any  breach  of  the  conditions  thereof. 
Temporary  em-     All  employees  of  the  Census  Office,  at  the  date  of  the 

plovees    eligible  «        i  •        .  i  -n     i    i    i  i 

for  appointment,  passage  of  this  Act,   cxccpt  Unskilled  laborers,  may   be 
^'^^  ^'  appointed  by  the  Director  of  the  Census  with  the  approval 

«As  amended  June  30,  1902  (32  Stat.,  506). 


BUKEAU    OK    'I'lIK    CENSUS  88 

ot"  tlir    lit'jul   t)l'   tlic    DopiirtiiUMit    to   wliicli    said    ("ciisus 

OHicc  is  uttaclu'tl,   uiul   wlioii   so  ji}){)()iiit(Ml  sliall   lu>  and 

thov  all'  hoivl)y  phurd,  witlioiit  fui'tlu'f  cxaiiiiiiatioii,  im- 

diM"  the  pr()visit)ns  of  the  civil  sorvicc  Act  approved  fluiiu- 

ary  sixteenth,  eijihteen   hundred    and    ei^lity-thi'(>e,  and 

the  amendments  thereto  and  the  rides  estal>lished  th(;i-e- 

nnder;  and  persons  who  have  served  as  soUliers  in  any  war    soidicrs,   pivf- 

in  whicli  tlie  Tnited  Stati's  may  have  l)een  en»i-a,i;ed,  who'"^'''"'^' 

liave  heen  honoraldy  discharged  from  the  service  of  the 

United  Stati's,  and  the  Avid(^)ws  of  such  sohliers,  shall  ha\e    Sdidi.rs'    wid- 

preferencc  in    the   matter  of   employment;   and  all   new  ""n,'.\v"^''u',',p,'!J',',\': 

appointments  to  the  permanent  clerical  force  in  the  Census '"^'"''*- 

()|}ice  hereby  created  shall  he  made  in  accordance  with  the 

reipurements  of  the  civil  service  Act  al)ove  referred  to. 

All  the  provisions  of  the  Act  of  March  third,  eijii'litcen  . 'ri"'",'',  '"'.'• 
hundred  and  ninety-nine,  relating  to  the  Twelfth  Census,  stilt.',' ioi:.'.V   ^" 
not  inconsistent  with  the  i)rovisions  of  this  Act,  shall  re-    '"'•''■ 
main  in  full  force  and  eti'ect  for  the  taking-  of  the  Thirteenth 
and  sul)se(|uent  censuses. 

Section  eiiilit  of  the  Act  of  March  third,  eit^hteen  hundred  jf*,r"!j"'J,s'i.)'\s  *•' 
and  ninety-nine,  is  herebv  amended  so  as  to  read  as  follows:  saiiuiidid.'  cm 
That  after  the  com])leti()n  and  return  of  the  enumeration ''''Jllei.'./"^'''' 
and  of  the  work  upon  the  schedules  relatin(>"to  the  products 
of  ai»'riculture  and  to  manufacturing- and  mechanical  estal)- 
lishments  provided  for  in  section  seven  of  this  Act,  the  Di- 
rector of  the  Census  is  herein'  authorized  decennially  to  col-    Diconniai  stu- 
lectstatistics  relatingto  special  classes,  including-  the  insaiu^  ^' y|,'^r,".j,ii  ..lasxcs 
feeble-minded,  deaf,  duml),  and  blind;  to  crim(>,  pauperism, 
anil  benevolence,  includinu- prisoners,  paupers,  juvenile  de- 
lincjuents.  and  inmates  of  IxMievolentaiid  reformatory  insti- 
tutions; to  social  statistics  of  cities;"  to  public  indebtedness,    cuies,  etc 
valuation,  taxation,  and  expenditures;  to  relio'ious  bodies; 
to  electric  light  and  power,  telephone,  and  telegraph  busi- 
ness ;  to  transportation  by  water,  express  l)usiness,  and  street 
railways;  to  mines,  mining,  quarri>es  and  minerals,  and  the 
produi'tion  and  value  thereof,  including  gold  in  divisions 
of  ])lacer  and  vein,  and  silver  mines,  and  the  uuml)er  of 
men  employed,  the  average  daily  wage,  average  working 
time,  and  aggi'egate  earnings  in  the  various  ])ranches  and 
aforesaid  divisions  of  the  mining  and  ([uarrying-  industries 
until  fluly  lirst,   nineteen   hundred  and  four.      And  the 
Director  of  the  Census  shall  prepare  schedules  containing    sciuduks. 
such  interrogatories  as  shall  in  his  judgment  be  best  adapted 
to  elicit  the   information   re([uired  under  these  subjects, 
with  such  specifications,  divisions,  and  particulars  under 
each  head  as  he  shall  deem  necessary  to  that  end;  and  all 
reports  ])rei)ared  under  the  provisions  of  this  section  shall 
be  desigiiiiti'd  as  "Special  n^jmrts  of  the  Census  Office."    iHsiKimti<m  of 
For  the  purpose  of  securing  the  statistics  reipiired  by  this '^'''""^'*'' 
section,  the  Director  of  the  C'ensus  may  appoint  special    special  uKints. 
agents  when  necessary,  and  such  special  agents  shall  receive 
compensation  as  hereinafter  provided:  Provided.^  That  the 

«  I)ei)artmeiit  Circular  No.  3  traiisferrt'd  to  the  l^nrt-au  of  the  Censu.s 
from  tliL-  Hiiri-au  ni  I.al)or  statistics  of  cities  of  ;iO,000  and  over;  act  of 
July  1,  ISUS,  siv  i>age  64. 


84  BUKEAU    OF    THE    CENSUS 

rustn^-tua ''''''''' '^''^^'^^^^^^^'^  ^^"  '■'Peciul  chis.ses,  and  of  crime,  paiiperi.sin,  and 
])enevolence  .specilied  in  this  section,  shall  he  restricted  to 
institutions  containing-  such  classes  and  the  Director  of  the 
Census  is  authorized  and  directed  to  collect  statistics  relat- 

iK'-.ii.  dumi.,ing-  to  all  of  the  deaf,  dunil),  and  l^lind,  notwithstanding 
and  blind.  the  restrictions  and  limitations  contained  in  section  eight 

of  said  Act  entitled  "An  Act  to  provide  for  taking  the 
Twelfth  and  subsequent  censuses":  Provided^  That  in 
_^^inquiries  lim-  taking  the  ccusus  of  Said  classes  the  in({uiries  shall  be  con- 
lined  to  the  following  four  questions,  naniel_y:  Name,  age, 
sex,  and  post-office  address. 

Births   und     There  shall  be  a  collection  of  the  statistics  of  the  births 

'^iec.^'i'.  and  deaths  in  registration  areas  for  the  year   nineteen 

hundred  and  two,  and  annually  thereafter,  the  data  for 
which  shall  be  ol)tained  onh^  from  and  restricted  to  such 
registration  records  of  such  states  and  municipalities  as 
in  the  discretion  of  the  Director  possess  records  affording 

Comrensiitioii.  satisfactory  data  in  necessary  detail,  the  compensation  for 
the  transcription  of  which  shall  not  exceed  two  cents  for 
each  birth  or  death  reported. 

In  the  3X'ar  nineteen  hundred  and  live,  and  every  ten 

Manufactures,  years  thereafter,  there  shall  be  a  collection  of  the  statistics 
stat^'tfcs'oV  "^  ^  of  manufactures,  confined  to  nruuifacturing  establishments 

Sec.  a.  conducted  under  what  is   known  as  the  factory  system, 

exclusive  of  the  so-called  neighborhood  and  mechanical 
industries;  and  the  Director  is  hereby  authorized  to  pre- 

scheduies.  pare  such  schedules  as  in  his  judgment  may  be  necessary 
to  carry  out  the  provisions  of  this  section;  and  that  in 
addition  to  the  statistics  now  provided  for  by  law  the 
Director  of  the  Census  shall  ainiuall}'  collect  the  statistics 

Cotton  produc-  of  the  cottou  ]3roduction  of  the  country  as  returned  by 
tisteof!"'^' ^"^"^b*^  g'"^^!^!"'^  and  bulletins  giving  the  results  of  the  same 

Bulletins.  shall  be  issued  weekly  beginning  September  first  of  each 
year  and  contimied  till  Fei)ruary  first  following;  and  that 
"the  Director  of  the  Census  shall  mak(\  from  time  to  time, 

statistics,    ad- au V  Jidditioual  special  collections  of  statistics  relating  to 

ditional    special        *    i  i       i?  •       li.  i:      l  •     •  4- 

coiiuctions  of.     Huy  branch  of  agriculture,  manuracture,  mining,  transpor- 
tation, fisheries,  or  any  other  l)ranch  of  industry  that  may 
be  required  of  him  by  Congress. 
Census    act,      Section  seventeen  of  the  Act  of   March  third,  eighteen 

Stat!,  ioiiu'        hundred  and  ninety-nine,  is  hereby  amended  so  as  to  read 

NiTo^*"^'       a«  follows: 

Special  agents.  ""  Sec,  17.  That  the  Special  agents  appointed  under  the 
provisions  of  this  Act  have  like  authority  with  the  eiui- 
merators  in   respect  to  the  siil)jects  committed  to  them 

compeusati(  .i.  under  this  Act  and  shall  receive  compensation  at  rates  to 
be  fixed  by  the  Director  of  the  Census:  Provided^  That  the 
same  shall  in  no  case  exceed  six  dollars  i)er  day  and  actual 

Expenses.  neccssary  traveling  expenses  and  an  allowance  in  lieu  of 
subsistence  not  exceeding  three  dollars  per  day  during 
their  necessary  al)sence  from  their  usual  place  of  residence: 
Aiid  provided  fart  her  ^  That  no  pay  or  allowance  in  lieu  of 
subsistence  shall  be  allowed  special  agents  when  employed 
in  the  Census  Office  on  other  than  the  special  work  com- 


BITREATT    OK    TIIK    CENSUS  85 

mitt(>(l  to  them,  :ukI   no  iippointmciits  of    special  aj^-ents 
shall  he  made  for  elerical  work:  And  jfroridal  furl  her. 
That  the  Director  of  the  Census  is  herel)v  authorized  in  his 
iliscretiou  to  empk\v  the  clerical  force  of  the  Census  ^^'''<"<\,,J,'|>'[j™,l„/^J',7 
for  such  field  work  as  ma}'  be  required  to  carry  out  the  ..i  for  ikM  work. 
provisions  of  sections  seven,  eiy-ht,  and  Jiine,  in  lieu  of 
(•nii)lovino-  s})ecial  au'cnts  for  that  puipose;  and  such  eni- 
])l()vei's  wlien  so  employed  shall  he  allowt'd.  in  addition  to 
their   ren'ular   compensation,    actual    nec(>ssary   traveling- 
expenses  and  an  allowance  in  lieu  of  sul>sistence  not  exceed-    kxi>iiiscs. 
\\\*X  three  dollars  j)er  day  duriny  their  necessary  abscMice 
from  the   Census  Otlice.     All  em])lovees  of   the  Census    Kini.ioyccs. 
Odice  shall  he  citizens  of  the  United  States."  ' 

'rhi>  printinuf  office  estal)lished  in  the  Census  Office  is    ''''!"''",^'  ""'•^■'^ 
luM'eby  abolished  to  take  effect  fluly  first,  nineteen  hundred'  ">,'.  //. ' 
and  two.  and  the  outfit  and  (Miuipment  therein  shall   be 
turned  over  to  the  Public  Printer;  and  the  Directoi-  of  the 
Census  is  herebv  authorized  and  directed  to  ha\e  pi'inted,    ,, .  ,.  , 

,    ,.     ,  I  ,•,..,  ,  ,  .  .  1  II         •  iTltlllllfJ     il  II  (I 

published,  and  distributed,   from  tune  to  time,  bulletins i.iii.iisimiK. 
and  reports  of  the  preliminary  and  other  results  of  the     "^"'  ""'''■ 
various  investioations  authorized  by  law;  and  all  of  said 
])rintino-  and  bindino-  shall  be  done  b}'  the  Public  Printer 
at  the  (lovernment  Printino-  Ofiice. 

The  suppU'iuental  acts  amendatory  of  the  Act  of  March    ^:^^;^^'''^'"^- 
third,  eiohteen  hundred  and  ninety-nine,  approved  Fel)- 
ruary  first,  nineteen  hundred.   May  tenth,  nineteen  hun- 
dred. eFune  second,  nineteen  hundr(>d,  Fe])ruary  twenty- 
third,  nineteen  hundred  andone,  ar(>  hereby  repealed;  and 
all  provisions  of  the  Act  of  Marcli  third,  eighteen  hun-    Provisions  in- 
dred  and  niuetv-nine,  inconsistent  with  this  Act  are  hereb}-  peaM.*^  ^ 
repealed. 

The  Director  of  the  Census  be,  and  hereby  is,  authorized  ,iJt".if*^^'°"  ^^^' 
and  directed,  upon  the  completion  of  the  volume  of  agri-    June  so,  1902. 
cultural  statistics,  t-he  year  eighteen  hundred  and  ninety-    ^^~  ''"'••^''"•' 
nine,  to  complete  and  bring  up  to  date  of  the  crop  year  of 
nineteen  hundred  and  two,  the  statistics  relating  to  irriga- 
tion, the  area  of  land  reclaimed,  the  cost  and  value  of  the 
woi-ks,  and  such  other  information  as  can  be  obtained 
bearing  upon  the  present  condition  of  irrigation. 

The  unexpended  balance  of  the  appropriation  made  by     Appropriation 
the  sundry  civil  appropriation  Act  approved  March  third,  '^"." ,5,^  as,  i.902. 
nineteiMi  hundred  and  oii(%  for  salaries  and  necessary  ex-    (^2 stat., ise.) 
penses  for  taking  and  compiling  results  of  the  Twelfth  Cen- 
sus is  hereby  reappropriated  and  made  availa))le  for  con- 
tinuing the  work  of  taking  the  Twelfth  Census,  and  for  all 
ex]ienscs.  including  cost  of  all  printing,  arising  underand 
authorized  by  the  Act  to  provide  for  a  permanent  Census 
Ollice,  approved  March  sixth,  nineteen  hundred  and  two, 
including  the  purchase  of  necessary  law  books,  books  of 
reference   and    periodicals,   and   manuscripts:    Proi'idcd, 
That  estimates  in  det-ail  for  the  expiMises  of  the  perma-    i),,tnii,.,i  ,.sti- 
nent  Census  Office  for  the   fiscal  year  nineteen  hundred  nmus. 


86  BUREAU    OF    THE    CENSUS 

and  four  and  annually  thereafter  shall  bo  submitted  in 
the  regular  Book  of  Estimates. 

Repeal    of     Thc  repeal  of  the  supplementary^  acts  amendatory  of  the 

coiistnied!^^ '^^  **  Act  of  March  third,  eighteen  hundred  and  ninety-nine, 

is^'siat'f'Ti.)    enumerated  in  section  twelve  of  the  Act  of  March  sixth, 

nineteen  hundred  and  two,  entitled  "An  Act  to  provide 

for  a  permanent  Census  Otiice,"  shall  not  be  construed  to 

Effoc  t  i  ve,  take  eti'ect  until  the  termination  of  the  temporary  organi- 

wheii.  zation  of   the  otEce  as  provided  in    the  last-named   Act: 

And  pro/u'dcd  yu/'f/iei\  That  the  dislnirsing  clerk  of  the 

Census  Office  may  pay  out  of  the  census  fund  on  or  after 

June  thirtieth,  nineteen  hundred  and  two,  to  employees 

Employees  not  of  tho  officc  wlio  are  iiot  to  be  reappointed  on  Jidy  first, 

reniipointed  aifor  whatcvcr  Icavc  of  abscucc  thc  Director  of  the  C'cnsus 

l(i\ve(l    [)av    lor  .       ,   .       ,.  .  ,,  ,  ^     , 

leave.  iii'iy,  in  his  discretion,  allow  them,  not  to  exceed,  however, 

the  annual  leave  authorized  by  existing  law;  such  payment 
to  be  in  addition  to  the  salary  due  them  for  services  ren- 
dered to  that  date. 

Philippine een-      Whenever  the  existing  insurrection  in  the  Phili])pine 

sns  by  Philippine  T   i        i        i      n   i  i  i  t^-  i*  i  i 

Commission.       Islaiids  sluill  havo  ccascd  and  a  condition  of  general  ana 

j"/^/yjw2      complete  peace  shall  havo  been  established  therein  and  the 

sec.G'isa  n'lat.^iiici  shall  1)0  certltied  to  tho  President  by  the  Philippine 

Commission,  the  President,  upon  being  satistied  thereof, 

shall  order  a  census  of  the  Philippine  Islands  to  be  takiMi 

by  said  Philippine  Commission;  such  census  in  its  inciuiries 

relating  to  the  population  shall  take  and  make  so  far  as 

practicable  full  report  for  all  the  inhabitants,  of  name,  age, 

SOX,  race,  or  tril)e,  whether  native  or  foreign  l)orn,  literacy 

in  Spanish,  native  dialect  or  language,  or  in  English,  school 

attendance,    ow'nership   of   homes,    industrial   and   social 

statistics,  and  such  other  information  separately  for  each 

island,   each  province,   and   municipality,   or  other  civil 

division,  as  tho  President  and  said  (Jommission  may  deem 

President  may  necessary:  Provided^  That  the  President  may,  upon  the 

T.'J,'?^...?.?/'^'"'i"equest  of  said  Commission,  in  his  discretion,  omijlov  the 

oi  trie  (uyCiisiis.  -*,  »i^i  ¥■»  •  •!•  1  ij 

service  ot  tho  Census  Bureau  in  compiling  and  promulgat- 
ing thc  statistical  information  above  provided  for,  and  may 
commit  to  such  Bureau  an}'  part  or  portion  of  such  labor 
as  to  him  ma}^  seem  wise. 

Census  to  com-  «  A  consus  of  tho  population,  of  deaths,  and  of  the  man- 
^"^Iror",?,' i,s.w.     ufacturing,  mechanical,  and  agricultural  products  of  the 

Ifa/'^l"'"  ""''•^  United  States  shall  be  taken  in  tho  year  nineteen  hundn^d, 
and  once  every  ton  years  thereafter.. 

Transferred  ^^''^  pvo/v'ded  further^  That  employees  in  existing 
employees.  l)ranchos  of  tho  departmental  service,  whoso  services  may 
be  specially  desired  by  the  Director  of  the  Census,  not 
exceeding  six  in  all,  may  be  transferred  without  examina- 
tion, and  at  the  end  of  such  service  the  employees  so  trans- 
ferred shall  bo  eligible  to  appointment  in  any  department 
without  additional  examination,  when  vacancies  exist. 

«See  sec.  6,  page  83;  sec.  12,  page  85. 


BUREAU    OF    TIIK    rKNRUS  87 

Tlu>  colloi'tion  of  the  iuforiiiutioii  rcMiuinMl  by  tliis_  Act  ,,,/;\f;;;,;",:;,'.;,';"- 
slmll  1)0  nmdo,  under  the  direction  of  the  Director  of  the    s,cr.. 
Census,  1)V  supervisors,  enumerators,  and  special  agents, 
as  hereinafter  provided. 

Tlie   Twelfth    Census  shall    he    restricted   to    i'^q"''"'^'^  p/;!;V!\'\T,Mni 
rel:itin*i"  to  the  population,  to  uiortality.  to  the  products  iTwiiftiiKVnsus 
of  auriculture  and  of  nianufacturini;-and  mechanical  estah- '"^^Vrjuiiation 
lishments.     The  schedules  relatino-'to  the  population  shall  "'{l^^;;^';'"-- 
comprehend  for  each  iidiabitant  the  nam(\  a^-e,  coh)r,  sex, 
conjuo-al  condition,  place  of  l)irth,  and  place  of  birth  of 
pariMits.  whether  alien   or  naturalized,  number  of  j^oars 
in  the   United  States,  occupation,    months   unemployed, 
literacy,  school  attendance,  and  owner.ship  of  farms  and 
homes";  and  the   Director  of  the  Census  may  use  his  dis- 
cretion as  to  the  construction  and    form  and  muu))er  of 
in(|uiri(\s  iKH-essary  to  secure  information  under  the  topics 
aforesaid.     The  mortality  schedules  shall  comprehend  f or  ^^Jf^JJ^i^^; '  '^^' 
each  decediMit  the  name,   sex,  color,  aye,  conjugal  con- 
dition, i)lace  of  birth,  and  l)irthplace  of  parents,  occupa- 
tion, cause  and  date  of   death,  and,  if  born  within  the 
census  year,  the  date  of  ))irth.     The  form  and  arrano-e- 
ment  of  the  schedule  and  the  specific  questions  necessary 
to  secure  the  information  required  shall  l)e  in  the  discre-  . 

tion  of  the  Director.  The  schedules  relating- to  aoricul-sciiwlufel 
ture  shall  comprehend  the  following-  topics:  Name  of  occu- 
pant of  each  farm,  color  of  occupant,  tenure,  acreage, 
value  of  farm  and  improvements,  acreage  of  diticrent 
products,  quantity  and  value  of  products,  and  numl)er  and 
value  of  live  stock.  All  questions  as  to  quantity  and  value 
of  crops  shall  relate  to  the  year  ending-  December  thirty- 
first  next  preceding  the  enumeration.  The  specific  form 
and  division  of  inquiries  necessary  to  secure  information 
under  the  foregoing  topics  shall  bein  the  discretion  of  the 
Director  of  the  Census.  The  schedules  of  inquiries  relat-^  Martufacturing 
ing  to  the  products  of  manufa<!;turing  and  mechanical  *^  ^^' "  ^''' 
esta])lishments  shall  embrace  the  name  and  location  of 
each  establishment;  character  of  organization,  whether 
individual,  cooperative,  or  other  form;  date  of  commence- 
ment of  operations;  character  of  l)usiness  or  kind  of  goods 
manufactured;  amount  of  capital  invested;  number  of 
])ropri(»tors,  firm  members,  copartners,  or  officers,  and 
the  amount  of  their  salaries;  munbcr  of  emplo\'ees,  and 
the  amount  of  their  wages;  quantity  and  cost  of  materials 
used  in  maiuifactures;  amount  of  miscellaneous  expenses; 
quantity  and  value  of  products;  time  in  operation  during 
the  census  year;  character  and  quantity  of  power  used, 
and  character  and  nund)er  of  machines  employed.  The 
form  and  sul)division  of  inquiries  necessary  to  secure  the 
information  under  the  foregcnng  topics  relating  to  manu- 
facturing and  mechanical  industries  shall  be  in  the  discre- 
tion of  the  Director  of  the  Census.  The  information  col- 
lected shall  be  of  and  for  th(>  fiscal  year  of  such  corpora- 
tions or  (>stablishments  havini;-  its  termination  nearest  to 


88  BUKEAir    OF    THE    CENSUS 

dmwii'from"tm^^^^^  '^'^*^^  preceding-  the  first  of  June,  nineteen  luindred,  When- 
iiumtors.  ever  he  shall  deem  it  expedient,  the  Director  of  the  Cen- 

Munufactures.  ^^^^  ^^^^^  withhold  the  schcdulcs  for  said  manufacturing 
and  mechanical  statistics  from  the  enumerators  of  the 
several  subdivisions  in  any  or  all  cases,  and  ma}^  charge 
the  collection  of  these  statistics  upon  special  agents,  to  l)e 

Mortality.  employed  without  respect  to  locality.  In  cities  or  states 
where  an  ofiicial  registration  of  deaths  is  maintained  the 
Director  of  the  Census  may,  in  his  discretion,  withhold 
the  mortality  schedule  from  the  several  enumerators  within 
such  cities  or  states,  and  may  obtain  the  information 
required  by  this  Act  through  ofiicial  records,  paying  there- 
for such  sum  of  money  as  may  be  found  necessary,  not 
exceeding  two  cents  for  each  death  thus  returned.     The 

AiaskM  ami  j)ji-(.(.t()i.  of  th(^  C-cusus  is  also  authorized  and  dii-ected  to 

n aw  11  mm    Is-  -^    i  i  •    •  i-  j.i  j-  £      i.i 

luiKis.  make   suitable    provisions   tor   the   enumeration    ot    the 

population   and    products   of   Alaska   and    the    Hawaiian 
Islands,   for  which  purpose  he  may   employ  supervisors 
and  enumerators  oi-  special  agents  as  he  may  deem  neces- 
consus  iviMiris  ^j^j.y      ^he  Only  volumes  that  shall  be  prepared  and  i)ub- 
lished  in  connection  with  the  Twelfth  Census,  except  the 
Special  Reports  hereinafter  provided  for,  shall  relate  to 
population,  mortality  and  vital  statistics,  the  products  of 
agriculture,  and  of  manufacturing  and  mechanical  estab- 
lishments, as  above  mentioned,  and  shall  be  designatinl  as 
and  constitute  the  C-ensus  Reports,  Avhich  said  reports  shall 
be  published  not  later  than  the  first  day  of  July,  nineteen 
Tabios  inoiud-  hundred  and  two.    The  report  upon  ])opulation  shall  include 
reiM'.rt'"'''"'"^'""  a  scrics  of  separate  tables  for  each  state,  giving  by  counties 
the  number  of  male  persons  below  and  above  the  age  of 
twenty-one  years,  their  color,  whether  native  or  foreign 
born,  whether  naturalized  or  not,  and   their   literacy  or 
English  terms  illiteracy.    All  terms  expressing  weight,  measure,  distance, 
to  be  used.         ^^,  value  shall  be  expressed  in  the  terms  of  the  English 
language  as  spoken  in  this  countiy. 
Supervisors.         The  Director  of  the  Census  shall,  at  least  six  months 
Sec.  9.  prior  to  the  date  fixed  for  commencing  the  enumeration 

at  the  Twelfth    and   each   succeeding   decennial  census, 
designate  the  number,  whether  one  or  more,  of  super- 
visors of  census  to  be  appointed  within  each  state  and 
territory,  the  District  of  (Joluml)ia,  Alaska,  and  the  Hawai- 
ian Islands,  who  shall  be  appointed  by  the  President,  l)y 
and  with  the  advice  and  consent  of  the  t'enate:  Provided^ 
Number  limit-  That   the  wliolc    numl)er  of   such  supervisors    shall   not 
Di.stricts.         excecd  three  hundred:  ^l;;c/';>/Y>/vV^c7,/''//'?'/'<r,  That  where- 
ever  practicable  and  desii-a))le  the  boundaries  of  the  super- 
visors' districts  shall  conform  to  the   boundaries  of  Con- 
gressional districts. 
Supervisor's      Each  supcrvisor    of   census  shall  be  charged   with   the 
"^scc.'io.  performance,  within   his  own   district,   of  the   following 

duties:   To  consult  with  the  Director  of  the  Census   in 
regard  to   the   division  of   his   district  into  subdivisions 
di^trict?.''^'"'""  most  convenient  for  the  purpose  of  the  enumeration,  which 


BUREAU    OF    THE    CENSUS  S9 

sutxlivisions  shall  !)(>  (Icclarcd  and  tlu'   bouiidaiics  tlicicof 
lixcd   l)V  tlio   nircctor  of  the  Cciisus;  to  d('si<>na((>  to  the    ., 

DllVftur   SUltal)l(>    IXTSOMS,    and,   with    the    COIlStMlt    or    said  of  enumerators. 

niroftor,  to  (Mn])loy  such  jum'sohs  as  oiminorators  within 
his  district,  one  or  more  for  each  sul)divisi()n  and  resident 
therein;  but  in  case  it  shall  occur  in  any  enumeration  dis- 
trict that  no  person  qualitied  to  perform  and  willin<>"  to 
undertake  the  duties  of  eiuuuerator  resides  in  that  sub- 
division the  supervisor  may  em])loy  an\'  tit  pcM'son  to  be 
the  eiuuuerator  of   tiiat  subdi\  ision:  to  couuuunicate  to 
cinuuerators    the    necessary    instructions    aiul    (lirecti()iis  ,,J",^["1^'  '""' 
relating'  to  tludr  duties;  to  examine  and  scrutinize  the    Kximiinc    ic 
returns  of  the  eniunerators,  and  in  event  of  discre})ancit's    correct  deiviis 
or  deficiencies  ai)pe!irin<i-  in  the  returns  for  his  district,  to  ""'''""■'"'■ 
use  all  diliji'ence  in  causini^-  tlu^  same  to  1)C  corrected  and 
supi)litHl;  to  forward  to  the  Director  of  the  Census  th(> 
coinpleted  returns  for  his  district  in  such  tinu^  and  maniuM- 
as  shall.  l)e  prescribed  by  the  said  Director,  and  to  '>'iil<^^.,.rli\v  enmni'nl' 
up  and  forward  to  the  Director  the  accounts  re([uire(l  for  tors' lit couiits. 
ax-ertainino-  the  amount  of  compensation  (hu;  to  each  enu- 
merator in  his  district,  which  accounts  shall  be  duly  sworn 
to  by  the  emimerator,  and  the  same  shall  be  certified  as 
true  and  correct,  if  so  found,  by  the  supervisor,  and  said 
accounts  so  sworn  to  and  certified  shall  l)e  accepted  by  the 
said  Director,  and  pa^niient  shall  be  made  thereon  ])y  draft 
in  favor  of  each  enumerator.     The  duties  imposed  upon  afeonuiue'Vith 
the  supervisor  by  this  Act  shall  be  performed,  in  any  and  i»'*t"»ftio"**- 
all  particulars,  in  accordance  with   the   instructions   and 
directions  of  the  Director  of  the  Census:  Proivded^  That    p.iii„i.p    ;„ 
if  the  supervisor  of  any  district  has  not  been  appointed  q"aiifiv'>tiou  of 
and  (jualified  on  the  ninetieth  day  preceding  the  date  fixed  *'"^'^^^'*'*'^' 
for  the  connnencemcnt  of  the  enumeration,  the  Director    ^     . 
of  the  Census  may  appoint  a  special  agent,  who  shall  be  a  mavTe*^ uppmn"- 
resideut  of  the  same  district,  to  perform  the  work  of  sub-  dltdct!"'^'"^  '*^^ 
division  into  enumeration  districts:  And  provided..  That 

1  11  1      i.  •  1         Removal  of  su- 

anv  supervisor  who  may  5U)andon,  neglect,  or  improperly  pcrvisor  forneg- 
perform  the  duties  required  of  him  by  this  Act  may  be''"'^'- 
removed  ])v  the  Director  of  the  Census,  and  any  vacancy    Vacancies. 
thus  caused  or  otherwise  occui'ring  during  the  progress  of 
the  enumeration  may  be   tilled  by  the  Director  of  the 
Census. 

Each  supervisor  of  census  shall,  upon  the  completion  compensation 
of  his  duties  to  the  satisfaction  of  the  Director  of  the "  ^c'^*/;"^"'^^" 
Census,  receive  the  sum  of  one  hundred  and  twenty-five 
dollars,  and  in  addition  thereto,  in  thickly  settled  districts, 
one  dollar  for  each  thousand  or  majority  fraction  of  a 
thousand  of  the  ])opulation  enumeiated  in  such  disti'ict, 
and  in  sparsely  settled  disti'icts  one  dollar  and  forty  c(Mits 
for  each  thousand  or  majority  fraction  of  a  thousand  of 
the  p()i)uliition  enumerated  in  such  district;  such  sums  to 
be  in  full  compensation  for  all  services  rendered  and  ex- 
penses incurred  by  him,  except  that  in  serious  emergencies 
arising  during  the  progress  of  the  enumeration  in  his  dis- 


90  BUREATT    OF    THE    CENSUS 

trict,  or  in  connection  witli  the  roenumcration  of  any  sul>- 

division,  he  may,  in  the  discretion  of  the  Director  of  the 

pensel'^^"'^  ^^  Ccnsus,  be  allowcnl  actual  and  necessary  traveling-  expenses 

Subsistence,  and  an  allowance  in  lieu  of  subsistence  not  exceedino-  three 
dollars  per  daj^  during  his  necessary  absence  from  his 
usual  place  of  residence,  and  that  an  appropriate  allowance 

Clerk  hire.  for  clcrk  hire  may  l)e  made  when  deemed  necessary  by  the 
Director  of  the  Census:  Provided.,  That  in  the  ao-g-reg-ate 

Minimumeom-  j^q  supcrvisor  shall  bc  paid  less  than  the  sum  of  one  thou- 

pensation  11,000.  i    ^.    i,  m  ]       •  .•  j;    -i  4.- 

sand  dollars.  Ihe  designation  ot  the  compensation  per 
thousand,  as  provided  in  this  section,  shall  be  made  by  the 
Director  of  the  Census  at  least  one  month  in  advance  of 
the  date  fixed  for  the  commencement  of  the  enumeration. 
Enumerator's      Each  enuuieratoi"  shall  be  charged  with  the  colhn'tion, 

*^ser'j2.  ill  liii-^  subdivision,  of  facts  and  statistics  required  by  the 

population    schedule,    and    such   other   schedule's   as    the 

Director  of  the  Census  may  determine  shall  ])e  used  by 

him  in  connection  with  the  census,  as  provided  in  section 

Visit  each  lam-  scvcu  of  this  Act.     It  sliall  be  the  duty  of  each  enumerator 

''^'  to  visit  personally  each  dwelling  house  in  his  sul)division, 

and  each  family  therein,  and  each  individual  living-  out  of 
a  family  in  any  place  of  abode,  and  l)y  inquiry  made  of 
the  head  of  each  family,  or  of  the  member  thereof  deemed 
most  credil)le  and  worthy  of  trust,  or  of  such  individual 
living  out  of  a  faiuily,  to  obtain  each  and  every  item  of 
information  and  all  particulars  retiuired  by  this  Act  as 
of  date  June  first  of  the  year  in  which  the  enumeration 
Obtain  infor- shall  l)e  made.     And  in  case  no  person  shall  be  found 

er persons.  at  the  usual  pUice  of  abode  of  such  family,  or  individual 
living  out  of  a  family,  competent  to  answer  the  in([uiries 
made  in  compliance  with  the  requirements  of  this  Act, 
then  it  shall  be  lawful  for  the  enumerator  to  obtain  the 
required  information,  as  nearly  as  may  be  practicable,  from 
the  family  or  families  or  person  or  persons  living  nearest  to 
Certify  and  for- such  placc  of  abode;  and  it  shall  be  the  duty  of  each  enu- 

ward  schedules,  j^^gi-^tor  to  forward  the  original  schedules,  dul,y  certihed, 

to  the  supervisor  of  census  of  his  district  as  his  returns 

Supply  defi- under  the  provisions  of  this  Act;  and  in  the  event  of  dis- 

recteVror"'^ '^*^'^' crepancies  or  deficiencies   being  discovered   in   his   said 

returns  he  shall  use  all  diligence  in  correcting  or  supply- 

r>-.t„.„  .,  ■„  ing  the  same.     In  case  the  subdivision  assigned  to  any 

Distinguish  in-       ^  ,       o  •  i   "j 

habitants  ui  (it- enumerator  embraces  all  or  any  part  ot  any  mcorporated 
les,  villages,  etc.  ij^^^.^j^t,.^^  village,  towu,  or  city,  and  also  other  territory 
not  included  within  the  limits  of  such  incorporated  borough, 
village,  town,  or  city,  or  either,  it  shall  be  the  duty  of  the 
enumerator  of  such  subdivision  to  clearly  and  plainly  dis- 
tinguish and    separate,    upon    the   population   schedules, 
the  inhal)itants  of  all  or  any  part  of  such  l)orough,  village, 
town,   or  city,   as  may  be  embraced  in  the  subdivision 
assigned  to  such  enuiuerator,  from  the  inhabitants  of  the 
Supervisors  territory  not  included  therein.     No  enumeratoi-  shall  l)e 
Z'rS."" '""' deemed  qualified  to  enter  upon  his  duties  until  he  has 
received  from  the  supervisor  of  census  of  the  district  to 
which  he  belongs  a  commission,  und(U"  his  hand,  authoriz- 


BtTREAU    OF    THK    rKNftUS  91 

ino-  him  (o  ixM't'onn  the  (luti(\s  of  iiii  oiuuiM'nitoi'.  uiul  sot- 
tiii"'  forth  the  houiuliiries  of  th(>  sulxlixision  within  which 
siiich  duties  are  to  he  ])erforiiie(l  hy  liiiii. 

The  suhdivision  assioned  to  any  eminierator  shall  not    '>i«trictsnotto 
exceed   four   thousand    inha])itants   as    near   as    may   be,  ihaii  j.oooinim'i" 
accordiiiL--  to  estimates  based  on  the  preceding- census  or  "'!:l^,J.^-^j 
othtM"  reliable  infoi'mation,  and  the  boundaries  of  all  sul)- 
(livisioiis  shall  be  clearly  described  by  civil  divisions,  riv- 
ers, roads.  |)ut)lic  surveys,  or  oth(»r  easily   distinouished 
lines:  Pror/dal,  That  enumerators  mav  be  assioned  for  the    insti  tut  ion 
speciid  enumerati-on  or  uistitutions.  when  (lesirable,  witli- 
out  reference  to  tlu^  number  of  inmates. 

Any  sui)ervisor  of  census  may,  with  the  approval  of  t^hc^^^^'^^^J^^'^'^'^'J'^"^'  "f 
Director  of  the  C\msus,  remove  any  enumerator  in   his    srr.v,. 
district  and    till   the  vacancy  thus   causinl    or   otherwise 
occui-rino-.     Whenever  it  shall  appear  that  any  portion  "f  e/roneous  re- 
the  enumeration  and  census  provided  for  in  this  Act  has  turns. 
Immmi   neoliu'ently  or   imj)roi)erIy  taken,  iind  is   by  reason 
thereof  incomplete  or  erroneous,  the  Directo'.'  of  the  Cen- 
sus may  cause  such    incomplete  and  luisatisfactory  enu- 
meration and  census  to  b(^  amended  or  made  anew  under 
such  methods  as  may,  in  his  discretion,  b(»  practica])le. 

I'he   Director  of  the  Census  may  authorize  and  direct    ^"t^'yp refers 
suj)ervisors  of  census  to  emplo}^  interpreters  to  assist  the    .sec.  15.  ' 
enumerators  of  their  respective  districts  in  the  enumera- 
tion of  persons  not  speakin^'  the  Enolish  lan^uaoe.     The 
compensation  of  such   interpreters  shall   be  tixed  by  the    Compensation. 
Directoi"  of   the  Census  In  advance,  and  shall   not  exceed 
four  dollars  per  day  for  each  day  actually  and  necessarily 
employed. 

The  compensation  of  the  enumerators  shall   be  ascer-    Enumerators' 
tained  and  tixed  by  the  Director  of  the  Census  as  follows:    scc.  w. 
In  sulxlivisions  where  he  shall  deem  such  allowance  suf- 
ticient.  an  allowance  of  not  less  than  two  nor  more  than 
three  cents  for  each  living-  inhabitant  and  for  each  death  ^.J'^,^^ ■■    ("apita 
reported;  not  less  than  tifteen  nor  more  than  tw^enty  cents 
for  each  farm;  and  not  less  than  twenty  nor  more  than 
thirty  cents  for  each  establishment  of  productive  indus- 
try enumerated  and  returned  may  Ije  given  in  full  com- 
pensation for  all  services.     For  all  other  subdivisions  per    Per  diem  rates. 
diem  rates  shall  l)e  tixed  by  the  Director  of  the  Census 
according-  to  the  diihculty  of  enumeration,  having-  refer- 
ence to  the  nature  of  the  region  to  be  canvassed  and  the 
density  or  sparseness  of  settlement,  or  other  considerations 
pertitKMit  thereto;  but  the  compensation  allowi^d   to  any 
enumerator  in  any  such  district  shall  not  ])e  less  than  three 
dollars  nor  more  than  six  dollars  i^ei'  day  of  ten  hours'* 
actual   lield  work  each.     The  subdivisions  to  which  the    Fixed   in  ad- 
several  rates  of  compensation  shall  apply  shall  be  desig- ^''^"^■^'■ 
nated  l)\-  the  Directcn-  of  the  Census  at  lea.-.t  two  weeks  in 
advance  of  the  enumeration.     No  claim  for  mileage  or   J/ir''"*^'  ''''" 

.1-  1111111  •     penses. 

travelmg-  expenses  shall  be  allowed  any  enumerator  m 
either  class  of  subdivisions,  except  in  extreme  cases,  and 
then  ordy  when  authority  has  l)een  pi-e\  iously  gi'aiited  by 


92  BUREAU    OF    THE    CENSUS 

the  Director  of  the  Census,  and  the  decision  of  the  Director 
as  to  the  amount  due  any  enumerator  shall  be  final. 
[Sec.  17  omitted  here,  is  given  on  page  8-i.] 

Oath  of  office.  No  Supervisor,  supervisor's  clerk,  enumerator,  inter- 
preter, or  special  agent  shall  enter  upon  his  duties  until 
he  has  taken  and  subscribed  to  an  oath  or  affirmation,  to 
be  prescribed  l)v  the  Director  of  the  Census;  and  no  sup- 

Empioyees  not  ervisor,  Supervisor's  clerk,  enumerator,  or  special  agent 

n1edor"^as"istecLf^hall  be  accompanied  by  or  assisted  in  the  performance  of 

his  duties  by  any  person  not  duly  appointed  as  an  officer 

or  employee  of  the  Census  Office,  and  to  whom  an  oath  or 

affirmation  has  not  been  duly  administered.     All  appoint- 

Empioyees,  ees  and  employees  provided  for  in  this  Act  shall  be 
how appoint.fi.  .^ppf)ij^t(id  or  en'ii)loyed,  and  if  examined,  so  examined,  as 
the  case  may  be,  solely  with  reference  to  their  fitness  to 
perform  the  duties  herein  provided  to  be  ])v  such  emi)l()vee 
or  appointee  performed,  and  without  reference  to  their 
political  })arty  affiliations. 

Eminuration.  The  enumeration  of  the  population  required  by  this  Act 
shall  commence  on  the  first  day  of  June,  nineteen  hundred. 

Time  "f  I'.nn- ^nd  ou  the  first  day  of  June  of  the  year  in  which  each 
succeeding  enumeration  shall  be  made,  and  be  taken  as  of 
that  date.  And  it  shall  be  the  duty  of  each  enumerator 
to  complete  the  enumeration  of  his  district  and  to  prejiare 
the  returns  herein])efore  required  to  l)e  made,  and  to  for- 
ward the  same  to  the  supervisor  of  census  of  his  district, 

Time  of  rom- OU  or  bcforc  tlic  first  day  of  July  in  such  ^ear:    Proi'ided^ 

pietion.  That  in  any  city  having  eight   thousand    inhabitants   or 

more  under  the  preceding  census  the  enumeration  of  the 

population  shall  be  taken  and  completed  within  tw  o  weeks 

from  the  first  da}'  of  June  as  aforesaid. 

Penalties.  If  any  pcrson  shall  receive  or  secure  to  himself  an}'  fee, 

reward,  or  compensation  as  a  consideration  for  the  appoint- 
ment or  employment  of  any  person  as  enumerator  or  clerk 
or  other  employee,  or  shall  in  any  way  receive  or  secure 
to  himself  any  part  of  the  compensation  provided  in  this 
Act  for  the  services  of  any  enumerator  or  clerk  or  other 
employee,  he  shall  be  deemed  guilty  of  a  misdemeanoi-, 
and  on  conviction  thereof  shall  be  fined  not  more  than  three 
thousand  dollars,  or  be  imprisoned  not  more  than  one  year, 
or  both,  in  the  discretion  of  the  court. 

Refnsai  to  per-  Any  supcrvisor,  supervisor's  clerk,  enumerator,  inter- 
*"*°c.*i"!'''*''  prefer,  special  agent  or  other  employee,  who,  having  taken 
and  subscribed  the  oath  of  office  recjuired  by  this  Act.  shall, 
without  justitiable  cause,  neglect  or  refuse  to  perform  the 
duties  enjoined  on  him  liy  this  Act,  or  shall,  without  the 
authoritv  of  the  Director  of  the  Census,  comnumicate  to 

Commnnioa-  -  ^         ji         •        i    ^  •  ^i  •     ,• 

ting    informa-any  pcrsou  uot  autiiorizcd  to  receive  tiie  same  any  mtor- 
^'""'  mation  gained  by  him  in  the  performance  of  his  duties, 

shall  be  deeuKHl  guilty  of  a  misdemeanor,  and  upon  convic- 
tion shall  be  lined  not  exceeding  five  hundred  dollars;  or 
False  oath.       if  he  shall  wiUfully  and  knowingly  swear  or  affirm  falsely, 
he  shall  ])e  deemed  guilty  of  perjury,  and  upon  conviction 


BUREAU    OF    TilK    (KNSUS  98 

tluM-cof  >li:ill  1)»'  imprisoned  not.  oxccedinji;  throo  yoiirs  aiul 

l)r  lined  not  exeeedinii- eiu'lit  hundred  dolhii-s;  or  if  lie,  sluUl     ,,.,^i^,.   ^.^^.rni\. 

wiilfullv  and  Unowinoly  make  a  false  certilieatc  or  a  lieti- <'it''  <"■  lictitious 

tioiis  return,  he  shall   l>e  i^uilty  of  a  misdemeanor,  ami 

upon  i-oiu  ic-tion  of  eitlu'r  of  the  last-named  oll'enses   he 

shall  l>e  tin(>d  not  exceedin*;-  ti\e  thousand  dollars  and  Ix; 

im])risoned  not  exceeding'  two  years. 

Kaeh  and  every  porson  more  than  twenty  years  of  aj^e    .svc^'L'!*^^' 
beloii*];ino-  to  an\'  family  residinj"-  in  any  enumei'atioii  dis- 
trict or  subdivision,  and  in  ease  of   the  absence  of   the 
heads  and  other  m(>mbersof  any  such  family,  then  any  icp- 
resentative  of  such   family,  shall   be,  and  each  of  them 
hereby  is,  reciuired,  if  ther(>to  re((ueste(l  by  the  Director, 
supervisor,  or  enumerator,  to  render  a  true  account,  to 
the  best  of  his  or  her  knowled>i'e,  of  every  person  bcdonj^- 
ino;to  such  family  in  the  various  particulars  required,  and 
whoever  shall  willfully  fail  or  refuse  to  render  such  true 
account  shall  be  ouilty  of  a  misdemeanor,  and  upon  con-    ^^^.i^^^^^^  i^for. 
viction  thereof  shall  be  fined  in  a  sum  not  exceeding  onematioii. 
hundred  dollars.     And  every  president,  treasurer,  secre-    i"d'^*'^"'^'«- 
tary,  director,  a^-ent,  or  other  officer  of  every  corpora-    , inuers of  cor- 
tion.   and   every    establishment   of   productive   industry,  pomtioiis. 
whether  conducted  as  a  corporate  body,  limited  liability 
company,  or  by  private  individuals,  from  which  answers 
to  anv  of  the  schedules,  inquiries,  or  statistical  interroga- 
tories provided  for  by  this  Act  are  herein  required,  who 
shall,  if   thereto  requested  by  the  Director,  supervisor, 
enumerator,  or  special  agent,  willfully  neglect  or  refuse 
to  give  true  and  complete  answers  to  any  in({uiries  author- 
ized by  this  Act,  or  shall  willfully  give  false  information, 
shall  be  guilty  of  a  misdemeanor,  and  u|)on    conviction 
thereof  shall  be  fined  not  exceeding  ten  thousand  dollars, 
to  which  may  be  added  imprisonment  for  a  period  not 
exceinling  one  year. 

All  tines  and  penalties  imposed  by  this  Act  may    ))e„f pemS™''''* 
enforced  by  indictment  or  information  in  any  court  of  com-    "'■"•  ~^- 
petent  jurisdiction. 

The  Director  of  the  Census  may  authorize  the  expendi- pj,!;^^^"^'"*''  ^^' 
ture  of  necessary  sums  for  the  traveling  exi)enses  of  the    '"^ecu. 
t)tticers  and  emplovees  of  the  Census  Office  and  the  inci-    i>i''<ii-"tiii  ex- 
denttil  ex])enses  essential  to  the  carrying  out  of  this  Act 
as  herein  provided  for,  and  not  otherwise,  including  the    '^•^'"i- 
rental  of  sufficient  cpiarters  in  the  District  of  Columbia 
and  the  furnishing  thereof. 

In  case  the  Director  of  the  Census  deems  it  expedient  ^.j™'^'''^*'"^'^^" 
he  may  contract  for  the  use  of  electrical  or  mechanical  •■>«■•  se. 
devices  for  tabulating  purposes:  Proi'lded^  That  in  such 
case  due  notice  shall  be  given  to  the  public,  and  no  system 
of  tat)ulati()n  shall  ])e  adopted  until  after  a  piactical  test 
of  its  merits  in  competition  with  other  systems  which  may 
be  oll'ered. 

All  mail  matter,  of  whatever  class,  relative  to  the  census    M'}'\  transmit- 
and  addressed  to  the  Census  Ofhce,  the  Director  of  the    see  27. 


94  BUREAU    OF    THE    CENSUS 

Census,    [Assistivut   Director,]   chief    clerk,   supervisors, 
enumerators,   or  special  agents,   and   indorsed    ''Official 
business,  Department  of   Conmierce  and   Labor,  Census 
ivnaity  for im  Office,"  shall  be  transmitted  free  of  postage,  and  byreg'is- 
'rank!^    '""^    "  tcrcd  mail,  if  necessar}',  and  so  marked:  Pj-or!ded,  That  if 
»     any  person  shall  make  use  of  such  indorsement  to  avoid 
the  payment  of  postage  or  registrj^  fee  on  his  or  her  private 
letter,  package,  or  other  matter  in  the  mail,  the  person  so 
offending  shall  l)e  guilty  of  a  misdemeanor  and  subject  to 
a  fine  of  three  hundred  dollars,  to  be  prosecuted  in  any 
court  of  competent  jurisdiction. 
fr\?/*')ther^D"     "^^^  Secretary  of  Commerce  and  Labor,  on  request  of 
partments.         tliG  Director  of  the  Census,  is  hereby  authorized  to  call 
tsec.28.  upon  any  other  department  or  office  of  the  Government 

for  information  pertinent  to  the  work  herein  provided  for. 
Records,   etc.,      Such  records,  books,  and  files  as  relate  to  preceding  cen- 
cenfeaises'''^traulsuses,  and  the  printing-office  outfit  used  in  the  Eleventh 
^'^^^'''^«„  Census,   and  such   furniture   and  propertv   of   whatever 

nature  used  at  the  Lleventh  Census  as  may  he  necessary 
in  conducting  the  work  of  the  Census  Office  and  can  be 
spared  from  present  uses,  shall  be  transferred  to  the  cus- 
tody and  control  of  the  Census  Office  created  by  this  Act. 
Inventory  o  f  The  Said  fumiturc  and  property  shall  ))e  inventoried  by 
ferred!^^  '^'"^"*'  the  proper  officers   of   the  Department  of  the  Interior 
when  such  transfer  is  made,  and  a  copy  of  the  inventory 
filed  and  preserved  in  the  office  of  the  Secretar}'  of  the 
Interior  and  of  the  Director  of  the  Census. 
Copies  of  pop-      Upon  the  request  of  the  governor  of  any  state  or  terri- 

uUition     returns  i  ,  i   •    ,.       ,.■  ■•  •    •       i  j. 

furnished  States,  tory,  or  the  chief  oihcer  of  any  municipal  govei'nment, 

sec.so.  ^j^^  Director  of  the  Census  shall  furnish  such  governor  or 

municipal  officer  with  a  copy  of  so  much  of  the  popula- 
tion returns  as  will  show  the  names,  with  tlie  age,  sex, 
color,  or  race,  and  Ifirthplace  only  of  all  persons  enumer- 
ated within  the  territory  in  the  jurisdiction  of  such  gov- 
ernment, upon  payment  of  the  actual  cost  of  making  such 
copies;  and  the  amounts  so  received  shall  be  covered  into 
the  Treasury  of  the  United  States,  to  l)e  placed  to  the 
credit  of,  and  in  addition  to,  the  appropriations  made  for 
taking  the  census. 

Official  seal.  'Y\\Q  Director  of  the  Census  shall  provide  the  Census 
Office  with  a  seal  containing  such  device  as  he  may  select, 
and  he  shall  file  a  description  of  such  seal  with  an  impres- 
sion thereof  in  the  office  of  the  Secretary  of  State.  Such 
seal  shall  remain  in  the  custody  of  the  Director  of  the 
Census,  and  shall  be  affixed  to  all  certificates  and  attesta- 
tions that  may  be  required  from  the  Census  Office, 

Appropriation  Yov  tlic  Organization  and  equipment  of  the  Census  Office 
available.  to  perform  the  preparatory  work  necessary  to  carry  out 

Sec.s2.  ^^^  provisions  of  this  Act,  the  sum  of  one  million  dol- 

lars, to  be  available  on  the  passage  of  this  Act,  is  hereby 
appropriated,  out  of  an}^  money  in  the  Treasury-  not 
otherwise  appropriated,  and  to  continue  available  until 
exhausted.     *    *    * 


BUREAU    OF    THE    ("KNSUS  95 

T!u'  Art  tMititliMl  "All  Aot  to  provide  for  the  tukino-  ot\,<V'';;^;^^,,  '"^^t- 
flic   Kli'vcntli  aiul  suhsociiuMit  eeiisuses,"' aiiiiroviHl  Mtircli     iiunnsisiiMt 
tirst.  eiiiliteiMi  hmulri'd  uiul  eiulity-miu'.  iiiid  all   laws  aiul  |„.„u.,i. 
iiarts  of  laws  iiu-oiisistiMit  with  tiie  i)i'o\isiotis  of  this  Act    •'''«•  ■'•^• 
are  luMvby  repealed. 

For  a  c-lerk  of  class  four,  to  act  as  cimisus  clerk,  and  for    Cousiis  <kTk. 
rent,  salaries,  heat,  and  li^ht  incident  to  the  proper  care- 
anil  preservation  of  the  records  of  the  Eleventh  and  pre- 
vious censuses,  six  thousand  eight  hundred  doUars. 

The  unexi)ended  balance  of  the  census  appropriation,    H'^i'ince   rcap- 

,  i  •  •        i.1         \     i.  1     I  i^  i       propriiitiMl  lor 

which  by  the  proviso  in  the  Act  approved  fhme  twenty- r  ii  i  n  p  i)i  ne 
eighth,  nineteen  hundred  and  two,  entitled  "An  Act  ^lak-^"%l^^!,  ivos. 
inj^- u])propriations  for  sundry  civil  expenses  of  the  Gov-  (■>-' >'tat.,  josy.) 
ernniont  for  the  fiscal  year  ending  June  thirtieth,  nineteen 
hundred  and  three,  and  for  other  i)urposes,"  which  was 
reappropriated  and  made  availa])le  for  continuing-  the 
work  of  taking  the  Twelfth  Census,  and  for  all  expenses 
arising  under  and  authorized  by  the  Act  to  provide  for  the 
j)erinaiient  Census  Otiice,  a})proved  ]March  sixth,  nineteen 
hundred  and  two,  be,  and  the  same  is  herel^v,  made  avail- 
able for  the  purposes  indicated  in  said  proviso  during  the 
fiscal  year  nineteen  hundred  and  four;  and  that  said  l)al- 
ance,  or  so  much  thereof  as  may  l)e  needed  for  the  purpose, 
be,  and  the  same  is  hereby,  also  made  available  for  such 
expenditures  as  may  become  necessary  in  complying  with 
the  proclamation  of  the  President,  dated  September  thir- 
tieth, nineteen  hundred  and  tw^o,  pursuant  to  the  provi- 
sions of  section  six  of  the  Act  of  fluly  first,  nineteen 
hundred  and  two,  entitled  '"'An  Act  temporarily  to  provide 
for  the  administration  of  the  affairs  of  civil  goviM'timcnt  in 
the  Philippine  Islands,  and  for  other  purposes,"  including 
the  cost  of  temporarily  employing  such  number  of  persons 
as  may  be  necessary  for  the  perforjnance  of  said  work,  at 
a  compensation  not  to  exceed  that  which  has  heretofore 
been  i)aid  employees  in  the  Census  Office  for  doing  similar 
work,  such  persons  to  be  selected  and  employed  by  the 
Director  at  such  dates  and  for  such  periods  of  time  as  he 
may  deem  proper. 

The  Secretary  of  the  Interior  b(%  and  lu^  liere))y  is,  an-    TmnsftT of  reo- 
tliori/ed  and  directed  to  transfer  to  the  Census  Office  all"  .'aVh.  u,um. 
of  the  schedules,  records,  and  volumes  of  reports  of  the    (•' ■'■''■'"'•' '"^O 
eleven  decennial   enumerations  from  seventeen  hundred 
and  ninety  to  eighteen  hundred  and  ninety,  inclusive,  that 
may  be  in  the  possession  of  the  Department  of  the  Interior, 
which  transfer  shall  not  change  the  allotment  of  such  re- 
ports heretofore  made  to  Senators  and  Kei)resentatives; 
and  the  Director  of  the  Census  is  hereby  authorized,  upon 
the  recpicst  of  a  governor  of  any  State  or  Territory,  or  the 
chief  officer  of  any  municipal  government,  to  furnish  such 
governor  or  municipal  officer  with  copies  of  so  much  of 


96  BUREAU    OF    THE    CENSUS 

said  tiles  or  records  as  may  bo  requested,  at  the  discretion 
of  the  Director  of  the  C'ensus,  upon  payment  of  the  actual 
cost  of  making  sucii  copies;  and  the  amounts  so  received 
shall  be  covered  into  the  Treasury  of  the  United  States,  to 
be  placed  to  the  credit  of  and  in  addition  to  the  appropria- 
tion made  for  the  taking  of  the  census. 

q.a"Itins"''state     Whereas  the  registration  of  deaths  at  the  time  of  their 
tuitiioritiestoco-occuri-ence  furnishes  ofHcial  record  information  of  much 

operate     with        ,         j.      •      t     •  i        i  i 

Bureau  of    the  value  to  iiidivuluals;  and 

^'jvh"ij  190S         Whereas  the   registration   of   births  and   deaths,   with 
{3-2'stat.,  mi.)  information  upon  certain  points,  is  essential  to  the  prog- 
ress of  medical  and  sanitary  science  in  preventing  and 
restricting  disease  and  in  devising  and  applying  remedial 
agencies;  and 

Whereas  all  of  the  principal  countries  of  the  civilized 
world  recognize  the  necessity  for  such  registration  and 
enforce  the  same  b>^  general  laws;  and 

Whereas  registration  in  the  United  States  is  now  con- 
fined to  a  few  States,  as  a  whole,  and  the  larger  cities, 
imder  local  laws  and  ordinances  which  ditfer  widely  in 
their  requirements;  and 

Whereas  it  is  most  important  that  registration  should 
be  conducted  under  laws  that  will  insure  a  practical  uni- 
formity in  the  character  and  amoiuit  of  information  avail- 
able from  the  records;  and 

Whereas  the  American  Public  Health  Association  and 
the  United  States  Census  Ollice  are  now  cooperating  in  an 
effort  to  extend  the  bciu'tits  of  registration  and  to  promote 
its  efficiency  by  indicating  the  essential  re(juirements  of 
legislative  enactments  designed  to  secure  the  proper  regis- 
tration of  all  deaths  and  ])irths  and  the  collection  of  accu- 
rate vital  statistics,  to  be  presented  to  the  attention  of  the 
legislative  authorities  in  nonregistration  States,  with  the 
suggestion  that  such  legislation  be  adopted;  Now,  there- 
fore. 

Resolved  hy  the  Senate  and  House  of  lieprexentat/rcfi  of 
the  United  St<if<x  of  Anieriai  in  Coii(jre><K  ai<i<<iiit>li(l^  That 
the  Senate  and  House  of  Kepre«entatives  of  the  United 
States  hereby  expresses  approval  of  this  movement  and 
requests  the  favorable  consideration  and  action  of  the 
State  authorities,  to  tiie  end  that  the  United  States  may 
attain  a  complete  and  uniform  system  of  registration. 


CHAPTER  IX 

COAST  AND  GEODETIC  SURVEY 


A  survoy  of  the  ooa.st  of  the  Ignited  States  was  authorized  by  act  of 
Con^i'oss  of  Fe))ruary  10,  18(»T,  and  the  plans  formulated  by  F.  R. 
Ilassler.  an  eminent  scientist  of  Swiss  birth,  were  adopted.  The 
necessity  of  securing  instruments  from  abroad  and  the  breaking  out 
of  hostilities  with  Eno-laiid  dela^'ed  the  organization  of  the  Survey 
undei'  the  Treasury  Department  until  1816.  The  work  had  just  begun 
when,  by  act  of  April  14,  1818,  Congress  repealed  so  nnu-h  of  the 
statute  of  1807  as  authorized  the  employment  of  other  than  aru)}^  and 
navy  officers  in  the  Survey. 

No  surveys  were  made  under  the  War  Department,  ajul  after  a  full 
consideration  of  the  unsatisfactorv  results  ol)tained  in  the  surve}^  made 
under  the  Navy  Department,  as  repeatedly  suggested  by  the  Secretar}'^ 
of  the  Navy  and  others.  Congress  revived  the  law  of  1807,  with  some- 
what extended  scope,  by  the  act  of  July  10,  1832,  and  the  work  was 
again  placed  under  the  Treasury  Department.  Operations  had  hardly 
been  resumed  before  President  Jackson  on  March  11,  1884,  directed 
that  the  Survey  be  transferred  to  the  Njivy  Department.  Again  the 
work  proceeded  so  unsatisfactorih^  that  in  two  years — March  26, 1836 — 
it  was  retransferred  by  President  Jackson  to  the  Treasury  Department, 
where  it  remained  until  Jul}'  1,,1903,  when  the  Coast  and  Geodetic 
Survey  was  placed  luider  the  supervision  of  the  Secretary  of  Com- 
merce and  Labor  bv  act  of  Congress  approved  February  14,  liH)3. 

By  the  act  of  March  3.  1843,  prompted  by  suggestions  of  the  expe- 
diency of  a  retransfer  of  the  Survey  to  the  Nav}'  Department,  Congress 
provided  that  the  President  should  organize  a  board  to  make  an 
intelligent  and  efficient  incjuiry  for  the  development  of  a  plan  of  per- 
manent organization  for  the  Survey.  The  report  of  this  board,  giving 
in  detail  its  plan  for  reorganization,  was  approved  by  the  President 
April  2',),  1843,  and  the  work  of  the  Survey  has  been  modeled  for  the 
past  sixt}'  3'ears  on  the  lines  then  laid  down. 

The  name  "  Coast  and  (leodetic  Survey ''  was  authorized  by  its  use  in 
the  sundry  civil  a]ipropriation  act  approved  flune  20,  1878. 

The  authorization  of  the  Coast  Survey  in  1807  established  the  first 

scientific  bureau  of  the  Government.    As  soon  as  the  proper  instruments 

and  skilled  workmen  were  provided  and  the  survey  was  undertaken, 

97 
27628—04 7 


98  COAST    AND    GEODETIC    SUKVEY 

the  effect  produced  was  a  stimulus  to  all  educational  and  scientific 
work.  The  methods  used  b}^  the  Survey  have  been  the  standard  for 
similar  undertakings  in  the  United  States,  and  many  commenda- 
tions of  their  excellence  have  been  received  from  abroad.  The  influ- 
ence of  the  Survey  in  the  vadous  operations  resulting  from  the 
advancing  scientific  activity  of  the  country  can  hardl}-  be  overestimated. 

By  joint  resolution  of  February  5,  1889,  the  United  States  accepted 
the  invitation  of  the  Imperial  German  Government  to  become  a  party 
to  the  International  Geodetic  Association.  The  delegate  is  b}'  law  an 
officer  of  the  Coast  and  Geodetic  Surve}',  appointed  ])y  the  President, 
and  the  annual  subvention  of  $1,500  is  provided  in  the  diplomatic 
appropriation  bill. 

For  fift}^  years  prior  to  1898,  nearly  one-half  of  the  vessels  of  the 
Survey  were  manned  and  ofiicered  by  the  Navy,  but  since  the  war  with 
Spain  these  duties  have  devolved  exclusively  upon  the  civilians  of  the 
service. 

The  work  of  the  Survey  is  under  the  immediate  supervision  of  the 
Superintendent,  and  his  representatives  in  the  field  are  the  assistants 
who  have  charge  of  the  parties  and  command  the  vessels.  The  Office 
at  Washington  and  the  suboffices  of  the  Survey  at  San  Francisco  and 
Manila  are  under  assistants.  The  following  quotation  from  the  sundry 
civil  appropriation  act  for  the  year  1904  indicates  the  field  of  operations 
of  the  Coast  and  Geodetic  Survey: 

For  survey  of  the  coasts  of  the  United  States  and  of  coasts  under  the 
jurisdiction  of  the  United  States,  including  the  survey  of  rivers  to  the 
head  of  tide  water  or  ship  navigation;  deep-sea  soundings,  temperature 
and  current  observations  along  the  coast  and  throughout  the  Gulf 
Stream  and  Japan  Stream  flowing  off'  the  said  coasts;  tidal  observations; 
the  necessary  resurve3\s;  the  preparation  of  the  Coast  Pilot;  continuing 
researches  and  other  work  relating  to  physical  hj^drography  and  ter- 
restrial magnetism  and  the  magnetic  maps  of  the  United  States  and 
adjacent  waters,  and  the  tables  of  magnetic  declination,  dip,  and 
intensity  usually  accompanying  them,  astronomical  and  gravity  obser- 
vations; and  including  compensation,  not  otherwise  appropriated  for,  of 
persons  employed  in  the  field  work,  in  conformity  with  the  regulations 
for  the  government  of  the  Coast  and  Geodetic  Survey  adopted  by  the 
Secretary  of  Commerce  and  Labor;  for  special  examinations  that  may 
be  required  by  the  Light-House  Board  or  other  proper  authority;  for 
commutation  to  officers  of  the  field  force  while  on  field  duty,  at  a  rate 
to  be  fixed  l)y  the  Secretary  of  Commerce  and  Labor  *  *  *  •  outfit, 
equipment,  and  care  of  vessels  used  in  the  Survey,  and  also  the  repairs 
and  maintenance  of  the  complement  of  vessels;  to  be  expended  in 
accordance  with  the  regulations  relating  to  the  Coast  and  Geodetic  Sur- 
vey from  time  to  time  prescribed  by  the  Secretary  of  Commerce  and 
Labor. 

The  scope  of  the  survey  has  been  extended  from  time  to  time  to 
include  Lake  Champlain,  the  Pacific  coast  from  San  Diego  to  Panama, 
a  transcontinental  triangulation  between   the   Atlantic   and  Pacific 


COAST    AND    GEODETIC    SURVEY 


99 


(Oiists,  Mirvoys  of  tlio   Ilawaiiuii  Islandjs,  Alaska,  and  "otlior  coasts 
iiMilor  the  jurisdiction  of  tlic  Tiiitcd  Stjitcs." 

'Plio  use  of  the  facilities  of  tlie  C\)ast  and  (Jeodctic  Survey  for 
research  and  study  by  scientific  investit^ators  and  students  of  any 
institution  of  hiji-her  education  is  uranted  by  law  {'M  Stat.,  108JJ),  and 
resolution  of  April  J-J,  1S!>l>.     (See  pa.ov  i:.;i). 


Xdiiics  (iiid  dutt'K  of  sirricr  of  clili/s  af  the  Siirrri/  siiu'f  If  irnx  istalillslnd. 


F.  R.  Hassler Aug.   3,  1816 

Do Aug.    9,1832 

A.  D.  Bache Dec.  12,  1.S43 

Bcnjnniin  I'eirce Feb.  20,  18(17 

C.  1'.  riUtersou Feb.  18,  1874 

J.  K.  Hilgnrd Dec.  22,  1881 

F.  M.  Thorn i  Sept.   1,  1885 

T.  C.  M.Midenhan !  July    9,  1889 

\Y.  W.  DiiincM ;  Sept.  21,  1894 

H.  S.  I'ritclu'tt !  Dec.    1,  1897 

O.  H.  Tittnmuu Dec.    1,  1900 


Apr.  14, 

Nov.  20, 
Fcl).  17, 
Fcl).  17, 
Aug.  ir,, 
Aug.  7, 
June  30, 
Sept.  20, 
Nov.  30, 
Nov.  30, 


1818 
1843 

ist;7 
1S74 
IS81 
ISSfi 
LSS'J 
1894 
1897 
1900 


LAW  PEKTAINING  TO  THE   COAST  AND   GEODETIC  SURVEY 


[.\s  motlilied  l)y  act  of  February  11,  1903.] 


to    ])0     •'^"•■veys      of 
coa.st  authorized. 


The  President  is  authorized  to  cause  a  survey 
taken  of  the  coasts  of  the  United  States,  in  which  shall  ii.s.,/.6si. 
be  desio-nated  the  islands  and  shoals,  with  the  roads  or 
places  of  anchorag'e,  within  twenty  leagues  of  any  part  of 
the  shores  of  the  United  States;  and  also  the  respective 
courses  and  distances  between  the  principal  capes  or  head- 
lands, together  with  such  other  matters  as  he  ma}"  deem 
pi'oper  for  completing-  an  accurate  chart  of  eveiy  part  of, 
the  coasts. 

Th(>  President  ma}"  also  cause  such  examinations  and  .^,f "[^.^^^^^^^''^'""j^ 
observations  to  be  made  with  respect  to  Saint  George's ^'^"re!, 
Bank,  and  to  any  other  baidv,  or  shoal,  and  the  soundings 
and  currents,  although  beyond  the  distance  of  twenty 
leagues  "from  the  shore  to  the  Gulf  Stream,  as  he  may 
deem  especiallv  subservient  to  the  commercial  interests  of 
the  United  States. 

All  appropriations  made  for  the  wol-k  of  survey-ing  thep,Qj.g,j^"'*'*  °™' 
coa.stof  the  I'nited  States  shall  l)e  expended  in  accordance    Ji.s.,i,6S3. 
with  the  plan  of  reorganizing  the  mode  of  executing  the 
survey  which  has  been  submitted  to  the  President  by  a 
board  of  otliccrs  organized  under  the  act  of  March  three, 
eighteen  hundred  and  fort^-three,  chapter  one  hundred. 

The  President  shall  carry  into  eflect  the  plan  of  the  .  Kmpioymentof 

l.^„     1  1  ,      •'  •       .,  i.     •,  1  Army  and  Navy 

uoarcl,  as  agreed  upon   b}-  a  majority  ot   its  members;  officers. 
and   shall    cause    to    be    employed    as    many   officers  of    ^•^■'''^^''• 
the  Army  and  Navy  of  the  Ihiited  States  as^vill  be  com- 
patible with  the  successful  prosecution  of  the  work;  the 


100  COAST    AND   GEODETIC    SUEVEY 

officers  of  the  Navy  to  })e  employed  on  the  h^^drogi  aphical 
parts,  and  the  officers  of  the  Arm}'  on  the  topog'raphical 
parts  of  the  work;  and  no  officer  of  the  Army  or  Mavy 
shall  receive  any  extra  pay  out  of  any  appropriations  for 
surveys. 
i..)u'k"' tti'"  aiui      '^'^^®  President  is  authorized,  in  executing-  the  provisions 
to  employ'  per- of  this  Title,  to  usc  ail  maps,  charts,  books,  instruments. 
''T  .'-■.,  46i'.5.       and  apparatus  belonginu-  to  the  United  States,  and  to  diivct 
where  the  same  shall  ))e  deposited,  and  to  employ  all  per- 
sons in  the  land  or  naval  service  of  the  United  States,  and 
such  astronomers   and   other  persons,  as  he  shall  deem 
proper.. 
Power  to  em-     ^he  President  is  authorized,  for  any  of  the  purposes  of 

r)lov  vessels  '  ,  ^  '-        '- 

E.  s.,'i6si;'.  surveying  the  coast  of  the  United  States,  to  cause  to  be 
employed  such  of  the  public  vessels  in  actual  service  as  he 
deems  it  expedient  to  emplo}',  and  to  give  such  instruc- 
tions for  regulating-  their  conduct  as  he  deems  proper,  ac- 
cording to  the  tenor  of  this  Title. 

Employment      Officers  of  the  Arm}'  and  Navy  shall,  as  far  as  practi- 
Navyoffleers.      Cable,  be  employed  in  the  work  of  surveying  the  coast  of 

ii.s.,Ae87.  the  United  States,  whenever  and  in  the  manner  required 
by  the  Department  having  charge  thereof. 

Aiiowiime  for  The  Secretary  of  Commerce  and  Labor  may  make  such 
'^R^S'loss.  allowances  to  the  officers  and  men  of  the  Army  and  Navy, 
while  employed  on  Coast  and  Geodetic  Survey  service,  for 
subsistence,  in  addition  to  their  compensation,  as  he  may 
deem  necessary,  not  exceeding  the  sum  authorized  by  the 
Treasury  regulation  of  the  eleventh  day  of  May,  eighteen 
hundred  and  forty-four. 

[Act  of  August  30,  181)0  (2«)  Stat.,  382),  limits  this  sec- 
tion as  to  su])sistence  of  officers  of  Navy. J 

Small     stores     And  hereafter  the  Secretary  of  Commerce  and  Labor 

l^?i'(ft!x'm^pi()y "l^  i«  authorized  to  purchase,  from  the  appropriation  for  the 

mofe\"eaiit'i'er' ^^^^^  ^"^^  Gcodetic  Survcy,  provisious,  clothing,  and  small 

.\inr.s,i'ML    stores  for  enlisted  men,  and  food  supplies  for  iield  parties 

{ji  t^tuL,  iiu.)  ^oi-i^iug  i,^    remote  localities,  such  provisions,  clothing, 

and  small  stores  and  food  supplies  to  be  sold  to  employees 

of  said  Survey,  and  the  appropriation  reimbursed. 

intelfdent.^''^"''     The  Salary  of  the  Superintendent  of  the  Coast  Survey 
n.  s.,  my.       shall  be  six  thousand  dollars  a  year," 

The  Coast  and  Geodetic  Survey  report  shall  be  suljmitted 
Report.  to  Cougress  during  the  month  of  December  in  each  year, 

■  ''^■' ''''''"'  and  shall  l)e  accompanied  by  a  general  chart  of  the  whole 
coasts  of  the  United  States,  on  as  large  a  scale  as  conven- 
ient and  practicable,  showing,  as  near  as  practicable,  the;i 
configuration  of  the  coasts,  and  showing,  by  lines,  the" 
probable  limits  of  the  Gulf  Stream,  and  showing,  bylines, 
the  probable  limits  to  which  the  soundings  off  the  coast 
will  extend,  and  showing,  by  the  use  of  colors  and  expla- 

«  Five  thousand  dollars  is  appropriated. 


COAST    AND   GEODETIC   SURVEY  101 

nation.s,  the  oxiict  portions  of  our  coasts,  of  which  coin})lcto 
charts  have  hccn  ])uhlishc(l  hy  the  Coast  and  (Jeoch'tic 
Siirvcv;  also,  siiowinii"  such  otlier  parts  of  the  (-oasts  of 
which  the  trianuiihition,  th(\  topouiaphy,  tiiid  the  souiul- 
in«s  have  ln'cn  coiuph'ted.  hut  not  pul)lishc(l,  and,  also, 
such  parts  of  the  coasts  of  which  the  triani^ulation  and 
top()i;rai)liy,  orthetrianguhition  only,  have  been  conn)letciL 
The  Secretary  of  Connnerce  and  Labor  is  authorized    Maps    and 

,.    ,i'  1       1        i         J!    ii  i;    ii      cluirts  and  their 

to  dispose  ot  the  maps  and  charts  ot  the  survey  ot  the  disposition. 
coast  of  the  United  States  at  such  prices  and  under  -'^- '''•. ^esi. 
such  re^i'ulations  as  may  from  time  to  time  be  fixed  l)y  him; 
and  a  inunbcr  of  c<)])ies  of  each  sliect,  not  to  exceed  three 
hundred,  shall  l)e  distributed  amonu-  foreign  o-overnments, 
and  the  departnuMits  of  our  own  (lovernment,  and  literaiy 
and  scientihc  associations  as  may  1)0  designated  by  the  Sec- 
retai'V  of  Commerce  and  Labor. 

All  printing-  and  engraving  for  the  Coast  and  Geodetic    ^\\l'^^';^%gg 
Survey  shall  hereafter  be  estimated  for  separately  and  in    \u  kat., --iss.) 
detail  and  appropriated  for  sepai'ately.     (Applies  to  M^ork 
done  at  Government  Printing  Office.) 

[There  shall  l)e  printed]  of  the  Report  of  the  Superin-    "[os'stui^^'.) 
tendent  of  the  Coast  and  Geodetic  Survey,  two  thousand    '*c.  r.^,-  amcnd- 
eight  hundred  copies  m  quarto  form,  bound  in  one  yolume,     {2'jstat.,/,7i.) 
two  hundred  for  the  Senate,  six  hundred  for  the  House, 
and  two  thousand  for  distribution  of  the  Coast  and  Geo- 
detic Sur\'ey. 

The  charts  ])ublislied  by  the  Coast  and  Geodetic  Suv-    J^^j-  i^'J^gs. 

,,,,,■  ,;  1  •     J-  1      {~^  nlat.,  620)  sec. 

vey  shall  be  sold  at  cost  ot  paper  and  printing  as  nearly  r«. 
as  practicable;  and  there  shall  be  no  free  distribution 
of  such  charts  except  to  the  Departments  and  officers 
of  the  United  States  recpiiring  them  for  public  use;  and 
a  number  of  copies  of  each  sheet,  not  to  exceed  three  hun- 
dr(>d,  to  be  presented  to  such  foreign  governments,  libra- 
ries, and  scientific  associations  and  institutions  of  learning 
as  the  Secretary  of  Commerce  and  Labor  may  direct;  i;;'t 
on  the  order  of  Senators,  Kepresentatives,  and  Delegate.' 
not  to  exceed  ten  copies  to  each  may  be  distributed  through 
the  Superintendent  of  the  Coast  and  Geodc^iic  Survey. 

The  Secretary  of  Commerce  and  Labor  may  authorize    Bulletins  to 
the  printing  of  the  notices  to  mariners,  tide  tables,  coast '"Isv'^sa!' 
pilots,  bulletins,  and  other  special  publications  of  the  Coast 
and  Geodetic  Survey     *     *     *     in  such  editions  as  the 
interests  of  the  Government  and  of  the  pid^lic  may  require. 


R.  ,S.,  261,. 


The  Secretary  of  Commerce  and  LaT)or  shall  report  to    Report  ot  lo 

Cii      ..^1  11  !•  ,  1  l)Oii(litures. 

ongressannually  thcMuimberand  namesof  the  personsem- 

ployed during  the  last  preceding  li.scal  year  upon  the  Coast 
and  (leodetic  Survey  and  business  connected  therewith; 
the  amount  of  compensation  of  every  kind  respectively 
paid  them,  for  what  })ur|)ose,  and  the  length  of  time 
employed;  and  shall  report  a  full  statement  of  all  other 
expenditures  made  under  the  direction  of  the  Superin- 
tendent of  the  Coast  and  Geodetic  Survey. 


102  COAST    AND    GEODETIC    SURVEY 

survlvi"' ' "" '  ^  Whenever  preliminary  surveys  are  required  to  ascertain 
A'.  ,s„  /,«;.'.  the  necessity  for  any  lig-ht-house,  lig-lit-ship,  beacon,  or 
other  warning  to  vessels,  the  erection  of  which  is  or  may 
be  authorized  by  law,  or  to  determine  the  proper  site  for 
the  same,  or  to  ascertain  more  fully  what  the  public 
exigency  requii'es,  the  Secretar}'  of  Commerce  and  Labor 
may  cause  the  necessary  examinations  and  surveys  on  the 
seaboard  to  be  made  under  the  direction  of  the  Superin- 
tendent of  the  Coast  and  Geodetic  Survey,  and  those  on 
the  Northwestern  lakes  to  be  made  under  the  direction  of 
the  Corps  of  Engineers.     *     *     * 

^.Mississippi     The  President  of  the  United  States  shall,  by  and  with 
sio'i.  ^      the  advice  antl  consent  or  the  Senate,  appomt  seven  com- 

t'lTstat.!s7^  missioners,  *  *  *  one  from  the  Coast  and  Geodetic 
Survey,  *  "  *  The  commissioners  appointed  from 
the  Coast  and  Geodetic  Survey  *  *  *  shall  receive 
no  other  pay  or  compensation  than  is  now  allowed  them 
by  law,  *  *  *  And  the  Secretary  of  Commerce  and 
Labor  shall,  when  requested  by  said  Commission,  in  like 
manner  detail  from  the  Coast  and  Geodetic  Surv(\y  such 
officers  and  men  as  may  be  necessary,  and  shall  place  in 
the  charge  and  for  the  use  of  said  Commission  such  vessel 
or  vessels  and  such  machinery  and  instruments  as  may  be 
under  his  control  and  may  be  deemed  necessary    *    *    *    . 


ice. 


Hospital  serv-  AH  uccessary  hospital  and  ambulance  service  *  *  * 
Jnnci7.m)s.  On  vcssols  of  the  *  *  *  Coast  and  Geodetic  Survey 
(SO  Slat., /,75.)   ,siiall  be  i)erformed  by  members  of  said  corps  [Navy]. 

Disbursements  [The  aunuid  appropriation  acts  provide  that,  no  advance 
by  fie  d  parties.  ^^^  inoucv  to  chiefs  of  field  parties  shall  be  made,  unless  to 
a  commissioned  officer,  or  to  a  civilian  chief  of  party,  who 
shall  give  bond  in  such  sum  as  the  Secretary  of  Conunerce 
and  Labor  may  direct;  for  furnishing  points  to  State  sur- 
Speeiui  siir- vcys;  and  also  for  making  special  surveys  that  may  be 
required  by  the  Light-House  Board  "or  other  proper 
authority.''] 


vey 


TmpairiiiKpni)-      [Damaging  or  destroying  surveying  stations  is    made 
iie\v,)rks.  punisha})le  by  act  of  March  3,  1899,  see  page  TO.] 

ivrs.imiei.  |^j,^  addition  to  the  Superintendent  mentioned  on  page 

loo,  Assistants,  Aids,  editors,  scientists,  electrotypers,  etc., 
together  with  sufficient  force  to  man  the  vessels  of  the 
Survey,  are  annually  pro\ided  for  in  appropriation  acts.] 


Organization  of  r)ei>artment  of  Commerce  and  LaVjor 


BUILDING   OCCUPIED   BY  THE   BUREAU   OF  STATISTICS 


CHAPTER  X 

BUREAU  OF  STATISTICS 


The  value  of  the  systematic  and  careful  collection  of  information 
concerning  the  status  of  our  commerce  was  recognized  early  in  our 
histor}-;  and,  in  response  to  resolutions  of  Congress,  the  Secretar\^  of 
the  Treasury  made  fre((uent  reports  on  the  sul)ject,  which  were  sub- 
sequently collected  and  published  in  two  volumes  of  the  American 
State  Papers. 

By  act  of  Congress  approved  February  10,  1820,  the  regular  collec- 
tion and  publication  of  statistics  of  our  foreign  commerce  was  under- 
taken. This  information  was  gathered  through  the  collectors  of 
customs,  and  a  Division  of  Commerce  and  Navigation  was  organized 
in  the  Treasuiy  Department  which  collated  and  published  the  infor- 
mation thus  obtained.  Joint  resolution  of  Congress  of  June  15,  1814, 
authorized  the  Secretary  of  the  Treasury  to  direct  the  collecting, 
arranging,  and  classifying  of  statistical  information  showing  each  year 
the  condition  of  agriculture  and  domestic  trade,  and  to  report  upon 
these  subjects  annually. 

By  ai't  approved  July  28,  1860,  the  Bureau  of  Statistics  with  a 
Director,  was  established  in  the  Treasury  Department.  The  former 
Division  of  Commerce  and  Navigation  was  consolidated  with  the 
Bureau  of  Statistics,  and  the  act  prescribed  a  large  I'ange  of  subjects 
upon  which  to  compile  statistics.  The  act  of  Congress  approved  July 
20,  1808,  abolished  the  office  of  Director  of  the  Bureau  and  provided 
that  the  Special  Connnissioner  of  Revenue  should  superintend  the 
Bureau;  and  the  act  also  provided  for  a  Deputy  Special  Commissioner 
to  have  charge  of  the  Bureau  of  Statistics.  The  office  of  Special 
Commissioner  of  the  Revenue  expired  July  1,  1870,  and  the  title  of 
Chief  of  Bureau  of  Statistics  was  given  to  the  officer  in  charge  and 
afterwards  authorized  b\'  the  Revised  Statutes. 

The  work  of  the  Bureau  of  Statistics  was  enlarged  1)}^  act  of  Con- 
gress approved  March  3,  1875,  and  statistics  relating  to  the  internal 
commerce  of  the  countrj^  have  been  published  since  that  3'ear  under 
special  appropriations. 

The  old  law  of  1820  omitted  statistics  relating  to  connnerce,  other 
than  that  borne  in  vessels,  but  the  act  of  March  3,  18S>3,  amending 

10.3 


104  BUEEAU    OF    STATISTICS 

section  1  of  the  act  of  Jul}"  16,  189:2,  remedied  this  by  providing-  for 
statistics  of  exports  of  commodities  b>^  railways  and  land  carriages. 
In  1902,  by  law  approved  April  29  of  that  year,  the  work  of  the 
Bureau  was  extended  to  include  statistics  of  commerce  with  Ahiska, 
Porto  Rico,  Hawaii,  Philippine  Islands,  Guam,  and  other  noncontig- 
uous territory. 

By  the  law  approved  Februar}^  li,  1903  (An  act  to  establish  the 
Department  of  Commerce  and  Labor),  the  Bureau  of  Statistics  was 
transferred  from  the  Treasury  Department  to  the  Department  of 
Commerce  and  Labor,  from  and  after  Jul}^  1,  1903. 

Chiefs  of  the  Bureau  of  Statistics  with  dates  of  service. 


Name. 


From — 


Alexander  Delmar j  Sept.    6, 18G6 

Francis  A.  Walker |  Jan.   14, 1869 

Edward  Young j  July     1, 1870 

Joseph  Nimmo,  jr !  Sept.    1, 1878 

William  F.  Svvitzler i  June    1, 1885 

Sidney  G.  Brocli i  Oct.    16, 1889 

Worthington  C.  Ford June  17, 1893 

O.  P.  Austin May     9, 1898 


Dec.  31,1809 
Feb.  7,1870 
Aug.  31,1878 
May  31,1885 
Oct.  15,1889 
June  16,1893 
May     8, 1898 


BUREAU  OF  FOREIGN  COMMERCE 

The  law  of  February  11,  1903,  provides  for  the  transfer  of  the 
Bureau  of  Foreign  Commerce  of  the  State  Department,  to  the  Depart- 
ment of  Commerce  and  Lal)or,  for  consolidation  with  the  Bureau  of 
Statistics,  transferred  from  the  Treasury  Department,  the  two  to  con- 
stitute one  l)ureau  to  be  called  the  Bureau  of  Statistics. 

In  accordance  with  section  11  of  the  act  of  February  11,  1903  (see 
p.  30),  the  Bureau  of  Trade  Relations  has  been  organized  in  tile  State 
Department  for  the  formulation  and  transmission  of  correspondence 
between  the  Department  of  Commerce  and  Labor  and  consular  officers. 

The  Bureau  of  Foreign  Commerce  was,  until  the  1st  of  July,  1897, 
the  Bureau  of  Statistics  of  the  Department  of  State.  Owing  to  the 
confusion  arising  from  the  fact  that  there  was  also  a  Bureau  of  Sta- 
tistics in  the  Treasury  Department  and  a  Division  of  Statistics  in  the 
Department  of  Agriculture,  Congress  authorized  the  change  of  the 
name  to  Bureau  of  Foreign  Commerce,  on  July  1,  1897,  this  name 
more  clearly  indicating  the  functions  of  the  Bureau. 

The  Bureau  of  Statistics  (State  Department)  had  its  origin  in  an  act 
of  Congress  approved  August  16,  1812,  which  made  it  the  dut}^  of 
the  Secretary  of  State  "to  la}^  before  Congress,  annually,  at  the  com- 
mencement of  its  session,  in  a  compendious  form,  all  such  changes  and 
modifications  in  the  commercial  systems  of  other  nations,  whether  liy 
treaties,  duties  on  imports  and  exports,  or  other  regulations,  us  shall 


BUREAU    OF   STATISTICS  105 

liavtMoinc  to  the  knowledoo  of  tlic  I)o]){irtinont."  In  a  communica- 
tion to  till'  Pit'siilcnt  of  tho  Scnato.  Fchruiiry  4,  iSoT  (Kx.  Doc.  No. 
3;"),  'PliirtN  -fourth  Congress,  third  session),  Sccrctiirv  of  Stjito  Man*}- 
calh'd  attention  to  a  pivvious  statonicnt  (in  IS;");"))  in  which  he  said  that 
'•hut  thnH'  attempts  had  been  made  to  comply  with  the  reiiiiisitions 
of  the  act  of  184i^  the  first  by  Mr.  Secretary  Webster  in  1S42,  the 
second  by  ]\Ir.  Secretary  rpshur  in  1843,  and  the  third,  and  last,  by 
Mr.  Secretary  Calhoun,  in  1844."  Mr.  Webster,  in  1842,  recom- 
mended to  Conu-ress  that  the  work  "be  intrusted  to  one  person,  under 
the  direction  of  the  Department,  who  should  arrange  and  condense 
information  on  commercial  subjects  from  time  to  time,  as  it  should  be 
received,  and  should  have  charge  of  the  correspondence  on  these  sub- 
jects with  agents  of  the  Government  abroad."  No  action  was  taken 
by  Congress  until  fourteen  years  later.  By  an  act  approved  August 
18,  18.5<')  (11  Stat.,  (5:^),  the  act  of  1842  was  amended  so  as  to  make  it 
obligatory  upon  the  Secretary  of  State,  in  addition  to  changes  and 
moditications  in  the  commercial  systems  of  other  nations,  to  include 
in  his  annual  report  to  Congress  "all  other  commercial  information 
communicated  to  the  State  Department  by  consular  and  diplomatic 
agents  of  this  Government  abroad,  or  contained  in  the  official  pub- 
lications of  other  Governments,  which  he  shall  deem  sufficiently 
important."  It  was  further  declared  to  be  the  duty  of  consuls  and 
conmiercial  agents  to  procure  such  information  in  such  manner  and 
at  such  times  as  the  Department  of  State  might  prescribe,  and  the 
Secretai-y  of  State  was  "authorized  and  required  to  appoint  one  clerk 
who  shall  have  charge  of  statistics  in  said  department  and  shall  be 
called  •Superintendent  of  Statistics.'" 

•"Thus,"  says  Secretary  Marcy,  in  his  letter  of  February  4,  1857, 
"the  'Statistical  Office  of  the  Department  of  State,'  which  had  been 
organized  two  years  before  for  the  preparation  of  a  general  Report  on 
the  Conunercial  Relations  of  the  Ignited  States  with  Foreign  Nations, 
ill  answer  to  a  resolution  of  the  House  of  Representatives,  was  l)y  that 
law  placed  on  a  permanent  basis." 

The  Bureau  of  Statistics  was  substituted  for  the  "  Statistical  Office," 
'luly  1,  1874,  under  authority  conferred  ])y  the  legislative,  executive, 
and  judicial  appropriation  act  of  June  20,  1874,  in  an  item  providing 
a  salary  of  ^2.4U0  each  for  six  chiefs  of  bureau,  including  one  of 
Statistics. 

Until  October  1,  1880,  the  duties  of  the  Bureau  of  Statistics  were 
restricted  to  the  preparation  of  annual  and  occasional  reports  from 
consular  officers,  Init  on  that  date  the  publication  of  the  monthly 
Consular  Reports  was  begun,  in  pursuance  of  a  reconmiendation  of 
Secretary  of  State  Evarts,  in  response  to  which  Congress,  at  the 
previous  session,  had  made  provision  "for  printing  and* distributing 
more  frequently  the  publications  by  the  Department  of  State  of  the 


106 


BUREAU    OF    STATISTICS 


consular  and  other  reports."  (See  "Introductory,"  Consular  Reports, 
No.  1,  October,  1880.)  The  daily  publication  of  reports  in  the  form 
of  Advance  Sheets,  combined  afterwards  in  the  monthly  numbers, 
was  l)egun  Januar}^  1,  1898,  by  order  of  the  Secretary  of  State  of 
December  7,  189Y. 

Clilefii  of  Ihe  Bureau  of  Foreign  Commerce,  Department  of  State,  irllh  dates  of  service. 


To— 


Charles  Payson 

Michael  Scanlan  (in  charge) 

Almotit  Barius 

Michael  Scanlan  (in  charge) 

Michael  Scanlan 

WortliinKton  ('.  Ford , 

Michael  Scanlan , 

Edward  I.  Rcnick 

Frederic  Emory 


July  1, 
Apr.  13, 
Jnne  1, 
Oct.  14, 
July  1, 
Sept.  9, 
Apr.  11, 
Apr.  17, 
Apr.  17, 


1874 
1876 
1876 
1876 
18S0 
1885 
1889 
1893 
1894 


Apr. 

Mav 

Oct. 

June 

Sept. 

Apr. 

Apr. 

Apr. 

June 


12, 1876 
31,1876 
10, 1876 
30, 1880 
8,1885 
10, 1889 
16,1893 
17, 1894 
30, 1903 


LAW  PERTAINING  TO  THE  BUREAU  OF  STATISTICS 


Organic. 
R.  S.,  SSU. 


Purpose  of  th 
Bureau. 

R.  S.,  SS5. 


[As  modified  by  act  of  February  11,  1903.] 

There  shall  be  in  the  Department  of  Commerce  and 
Labor  a  Bureau  to  be  called  the  Bureau  of  Statistics;  and 
the  Secretary  of  Commerce  and  Labor  may  api)oint  one 
division  clerk,  who  shall  superintend  the  Bureau,  and 
shall  be  entitled  to  a  salary  of  two  thousand  iive  hundred 
dollars  a  year.^* 

'  The  purpose  of  the  Bureau  of  Statistics  is  the  collection, 
arrangement,  and  classification  of  such  statistical  informa- 
tion as  may  be  procured,  showing,  or  tending  to  show, 
each  3^ear  the  condition  of  the  ''[manufactures],  domestic 
trade,  ^[currency,  and  banks]  of  the  several  States  and 
Territories. 
Annual  report     ^hc  Chief  of  the  Bui'eau  of  Statistics  shall,  under  the 

of  commerce  and  t.         ,.  ,.      ,  i         t-i  .  ,•     / 1  i      r     i 

navigation  by  direction  ot  the  Secretary  or  Commerce  and  Labor, 
^"ie.'^^xl'a.w.  annually  prepare  a  report  on  the  statistics  of  commerce 
and  navigation  of  the  United  States  with  foreign  countries, 
to  the  close  of  the  liscal  year.  Such  accounts  shall  com- 
prehend all  goods,  wares,  and  merchandise  exi)orted  from 
the  United  States  to  other  countries;  all  goods,  wares, 
and  merchandise  imported  into  the  United  States  from 
other  countries,  and  all  navigation  employed  in  the 
foreign  trade  of  the  United  States;  which  facts  shall  be 
stated  according  to  the  principles  and  in  the  manner  hereby 
directed. 

First.  The  kinds,  quantities,  and  values  of  all  articles 
exported,  and  the  kinds,  quantities,  and  values  of  all  arti- 
cles imported,  shall  be  distinctlv  stated  in  such  accounts, 

"Four  thousand  dollars  is  appropriated  for  "officer  in  charge  of 
Bureau  of  Statistics." 

&  These  statistics  are  gathered  and  published  by  the  Bureau  of  the 
Census.     See  pages  84,  87,  88. 

c These  statistics  are  gathered  and  published  l)y  the  Comptroller  of 
the  Currency.     R.  S.  333  and  amendments. 


Method  of  re- 
ports. 


BUREAU    OF   STATISTICS  107 

(^xct'pt  ill  ciisos  ill  wliich  it  may  !ipp(>iir  to  the  Secretary  of 
('oniintM'cc  and  Lalx)!"  that  s('i)arate  statoiiicnts  of  t\\o  spe- 
cies, Miiaiititics,  or  vahies  ot"  :iiiy  particular  articU's  woiiUl 
swell  the  animal  statements  williout  utility;  and,  in  such 
cases,  the  kinds  and  total  values  of  such  articles  shall  l>c 
stated  too-ether,  or  in  such  classes  as  the  Secretary  of  Com- 
merce and  Labor  may  think  tit. 

Second.  The  exports  shall  be  so  stated  as  to  show  the 
exports  to  each  foreign  country,  and  their  values;  and  the 
imports  shall  be  so  stated  as  to  show  the  imports  from  each 
forcii^n  country,  and  their  values. 

Third.  The  exports  shall  ho  so  stated  as  to  show,  sepa- 
rately, the  exports  of  arti(des  of  the  ])roduction  or  manu- 
facture of  the  United  States,  and  tluMr  values;  and  the 
exports  of  articles  of  the  production  or  manufacture  of 
forciy-n  countries,  and  their  values. 

Fourth.  The  navi*>ation  employed  in  the  foreign  trade  of 
the  I'nited  States  shall  l)e  stated  in  such  manner  as  to  show 
the  amount  of  the  tonnag-e  of  all  vessels  departino-  from 
the  Tnitt^d  States  for  foreign  countries;  and,  separately, 
the  amount  of  such  tonnage  of  vessels  of  the  United  States, 
and  the  amount  of  such  tonnage  of  foreign  vessels;  and 
also  the  foreign  nations  to  Avhich  such  foreign  tonnage 
belongs,  and  the  amount  of  such  tonnage  belonging  to  each 
foreign  nation;  and  in  such  manner  as  also  to  show  the 
amount  of  the  tonnage  of  all  vessels  departing  for  every 
particular  foreign  country  with  which  the  United  States 
have  any  consideral)le  commerce;  and,  separately,  the 
amount  of  such  tonnage  of  vessels  of  the  United  States, 
and  the  amount  of  such  tonnage  of  foreign  vessels;  and  in 
such  manner  as  to  show  the  amount  of  the  tonnage  of  all 
vessels  arriving  in  the  United  States  fi'om  foreign  coun- 
tries; and.  separately,  the  amount  of  such  tonnage  of  ves- 
sels of  the  United  States,  and  the  amount  of  such  tonnage 
of  foreign  vessels;  and  also  the  foreign  nations  to  which 
such  foreign  tonnage  belongs,  and  the  amount  of  such  ton- 
nage bidonging  to  each  foreign  nation;  and  in  such  manner 
as  also  to  show  the  amount  of  the  tonnage  of  all  vessels 
arriving  from  every  particular  foreign  country  with  which 
the  United  States  have  any  considerable  commerce;  and, 
separately,  the  amount  of  such  tonnage  of  vessels  of  the 
United  States,  and  the  amount  of  such  tonnage  of  foreign 
vessels. 

Fifth.  Such  accounts  shall  comprehend  and  include,  in 
tabular  form,  the  quantitv  l)y  weight  or  measure,  as  well 
a>  the  amount  of  value,  of  the  several  articles  of  foreign 
commerce,  whether  dutiable  or  otherwise;  and  also  a  sim- 
ilar and  separate  statement  of  the  commerc(M)f  the  United 
States  with  the  British  Provinces,  under  the  late  so-called 
reciprocity  treaty  with  Great  Britain. 

The  Secretary  of   Commerce  and  Labor  shall  make  a    ReportstoCon- 
report  to  Congress  on  the  tirst  Mondav  of  Januarv  in  eachfaryt    ^^ 

R.  S.,  i59. 


108  BUREAU    OF   STATISTICS 

year,  containing  the  results  of  the  information  collected 
during  the  preceding  year,  by  the  Bureau  of  Statistics,  upon 
the  condition  of  the  *  '^  *,  "  [manufacturesj,  domestic 
trade,  "  [currency,  and  haiiksj  of  the  several  States  and 
Territories. 
Printing.  [There  shall  be  printed]  of  the  Statistical  Al)stract  of 

'{"s'siai,  616'.)   the  United  States,  twelve  thousand  copies;  three  thousand 
.sec.  73.  ^Qj.  ^j^g  Senate,  six  thousand  for  the  House,  and  three  thou- 

sand for  distribution  by  the  Bureau  of  Statistics. 

in? os^d^on  roT-     ^"  ordcr  to  cuablc  the  Chief  of  the  Bureau  of  Statistics 

lectors.  to  prepare  the  annual  report  on  the  statistics  of  commerce 

£.  ,s.,  337.        .^j^j  navigation  required  to  be  submitted  to  Congress  by 

the    Secretary    of  Connnerce   and    Labor,    the  following 

regulations  shall  be  observed  by  all  collectors  of  customs: 

First.  The  kinds  and  quantities  of  all  imported  articles 
free  from  duty  shall  be  ascertained  by  entry,  made  upon 
oath  or  affirmation,  by  the  owner,  or  by  the  consignee  or 
agent  of  the  importer,  or  l)y  actual  examination,  where 
the  collector  shall  think  such  examination  necessary;  and 
the  values  of  all  such  articles  shall  be  ascertained  in  the 
same  manner  in  which  the  values  of  imports  subject  to 
duties  ad  valorem  are  ascertained. 

Second.  The  values  of  all  imported  articles  subject  to 
specilic  duties  shall  be  ascertained  in  the  manner  in  which 
the  values  of  imports  subject  to  duties  ad  valorem  are 
ascertained. 

Third.  The  several  collectors  shall  keep  separate  accounts 
of  the  kinds,  quantities,  and  values  of  such  parts  of  the 
imports  subject  to  duties  ad  valorem  as  may  be  directed  by 
the  Secretary  of  Commerce  and  Labor. 

Fourth.  All  articles  exported  shall  be  valued  at  their 
actual  cost,  or  the  values  which  they  may  truly  l)ear,  at 
the  time  of  exportation,  in  the  ports  of  the  United  States 
from  which  they  are  exported;  and  all  articles  imported 
shall  be  valued  at  their  actual  co.st,  or  the  values  which 
they  may  truly  bear  in  the  foreign  ports  from  which  they 
are  exported  for  importation  into  the  United  States,  at  the 
time  of  such  exportation. 

Fifth.  Before  a  clearance  shall  be  granted  for  any  ves- 
sel bound  to  a  foreign  place,  the  collector  shall  require  the 
owners,  shippers,  or  consignors  of  the  cargo  to  deliver  to 
the  collector  manifests  of  the  cargo,  or  of  the  pirts  thereof 
shipped  1)}^  them  respectively,  which  manifests  shall  specify 
the  kinds  and  quantities  of  the  articles  shipped  by  them 
respectively,  and  the  value  of  the  total  quantity  of  each 
kind  of  articles;  and  state  that  such  manifest  contains  a 
full,  just,  and  true  account  of  all  articles  laden  on  board 
of  such  vessel  by  the  owners,  shippers,  or  consignors, 
respectively,  and  that  the  values  of  such  articles  are  truly 
stated,  according  to  their  actual  cost,  or  the  values  which 
the}"  truly  bear  at  the  port  and  time  of  exportation.  And 
the  collector  shall  also  require  the  master  of  the  vessel,  and 
the  owners,  shippers,  and  consignors  of  the  cargo,  to  state 

«  See  notes  '>  and  <"  ou  page  106. 


BUREAU    iW    STATISTICS  109 

ill  w  ritiiiii',  to  the  collector,  tiic  foivi<;M  })liic('  oi-  countiy 
ii)  which  such  carji'o  is  truly  intended  to  he  landed.  The 
iiKUiii'csts  and  statements  lu>rel)v  re([uired  shall  be  verified 
lt\  the  oath  of  tht^  ])erson  by  whom  they  are  respectively 
made  and  subscribed. 

Sixth.  Kverv  collector  shall  kec[)  an  accurate  account  of 
tlu'  national  characters  and  tonnage  of  all  vessels  which 
(U'part  from  his  district  for  foreign  countries,  and  of  tlie 
foreiti'n  places  or  countries  for  which  such  vesscds  de])art; 
and,  also,  an  accurate  account  of  the  luitional  characters 
jind  t()nna>i"e  of  all  vessels  which  ent(>r  his  district  from 
forei^iii  countries,  and  of  the  foreig-n  phices  or  countries 
from  which  such  vessels  arrive. 

Se\enth.  The  several  collectors  shall  make  (juarter- 
yearly  [monthly — see  page  llo]  returns  to  the  Bureau  of 
Statistics  of  all  the  facts  and  matters  which  they  arc 
herein'  recpiired  to  asccM'tain. 

Hereafter  collectors  of  customs  shall  render  to  tlic  ,^R^^'^»r»«i^>;<^^^^^ 
Bureau  of  Statistics,  in  such  manner  and  form  and  at  such  by  ran. 
periods  as  the  Secretary  of  Commerce  and  La))or  may  (27"t^'at!!'iy7u^c. 
prescribe,  returns  of  exports  to  foreign  countries  leaving ^^y^^""^  '^m$%7 
the  United  States  by  rail.  Any  person  who  shall  h ere- .W.', ess). 
after  deliver  to  any  railway  or  transportation  company  or 
other  common  carrier  couunodities  for  transportation  and 
exportation  ])y  rail  from  the  United  States  to  foreign 
countries,  shall  -also  deliver  to  the  collector  of  customs  at 
the  frontier  port  thi'ough  which  the  goods  pass  into  the 
foreign  country  a  manifest,  in  such  form  as  the  Secretary  of 
Commerce  and  La])or  may  prescribe,  duly  certified  as  to  its 
accuracy  by  said  person  or  his  agent,  exhibiting  the  kinds, 
quantities,  and  values  of  the  several  articles  delivered  by 
such  person  or  his  agent  for  exportation.  And  no  rail- 
way I'ar  containing  commodities,  the  product  or  manufac- 
ture of  the  United  States  or  foreign  goods,  duty  paid  or 
free  of  duty,  intended  to  ])e  exported  to  any  foreign  coun- 
try, shall  be  pcn-mitted  hereafter  to  leave  the  United  States 
until  the  agent  of  the  railway  or  transportation  company, 
or  the  person  having  such  car  in  charc^e,  shall  deliver  to 
the  customs  officer  at  the  last  port  in  the  United  States 
through  which  the  couunodities  pass  into  foreign  territor}^ 
a  manifest  thereof,  which  shall  specify  the  kinds  and  (juan- 
tities  of  the  commodities  in  the  form  pi'escribed  l)v  the 
Secretary  of  Connnerce  and  Lal)or,  and  until  the  manifest, 
exhibiting  the  kinds,  (juantities  and  values  of  the  several 
couunodities,  shall  have  })een  delivered  to  the  collector  of 
customs,  as  above  required,  b}"  the  person  exporting  such 
commodities,  or  b}"  his  agent,  or  information  satisfactory 
to  such  customs  officer  as  to  the  kind,  quantities,  and  val- 
ues of  the  domestic  and  foreign  free  or  duty  paid  com- 
modities laden  on  such  car.  The  agent  or  employee  of  any 
railway  or  trans])ortation  company  who  shall  transiK)rt 
such  commodities  into  a  foreign  country  before  the  deliveiy 
to  the  collector  of  customs  of    the    manifest,  as  above 


110  BUREAU    OF    STATISTICS 

required  shall   be  liat)le  to  a  peiuiit^'  of  fifty  dollars  for 
each  offense:  Provided.,  That  the  provisions  of   this  law 
shall  apply  to  commodities  transported  to  the  frontier  in 
railway  cars  for  exportation  and  transshipment  across  the 
frontier  into  the  adjacent  foreign  territory  in  ferry  boats 
or  yehicles,   so  far  as  to    require  the   person  in   charge 
thereof  to  furnish  to  the  collector  of  customs  information 
of  the  kinds,  quantities  and  values  of  such  commodities: 
And p7'ov!d«d  f  lift Jicr,  Th'At  nothing  contained  in  the  fore- 
going   shall   be    held  as    applicable  to  goods   in   transit 
between  American  ports  1)y  routes  passing  through  for- 
eign territory  or  to  merchandise  in  transit  between  places 
in  the  Dominion  of  Canada  by  routes  passing  through  the 
United  States,   or  to  merchandise  arriving  at  the  ports 
designated  under  the  authority  of  section  three  thousand 
and  five  of  the  Revised  Statutes,  and  which  may  be  des- 
tined for  places  in  the  Republic  of  Mexico. 
Coasting  trade     The  aiuuial  report  of  the  statistics   of   commerce  and 
"'^'."v.?'^ks.        navigation  shall  state  the  kinds,  (quantities,  and  value  of 
the    merchandise    entered    and    cleared    coastwise    into 
and  from  the  collection  districts  of    the  United   States. 
Annual  report,     Jt  shall  be  the  dutv  of  the  officer  in  charge  of  the  Bureau 
tign"a1?d'?nter-of  Statistics  to  gather,  collate,  and  annually  report  to  the 
and quan^fy re- '^^^'^'^^^^"•^'  ^^  Couunerco  and  Labor,  for  transmission  to 
ports.          '      Congress,  statistics  and  facts  relating  to  conmierce  with 
\iTsidt.,35i.)   foreign  nations  and  among  the  several  States,  ''the  rail- 
road S3'stems  of  this  and  other  countries,  the  construction 
and  operation  of  railroads,  the  actual  cost  of  such  con- 
sti-uction  and  operation  of  railroads,  the  actual  cost  of 
transporting  freights  and  passengers  on  railroads,  and  on 
canals,  rivers,  and  other  navigable  waters  of  the  United 
States,  the  charges  imposed  for  such  transportation  of 
freight  and  passengers,  and  the  tonnage  transported;  and 
the  reports  [see  sec.  33U  below]  now  by  law  required  to  ])e 
prepared  and  published  monthly  in   the  stiid  Bureau  of 
Statistics  shall  hereafter  be  prepared  and  pu)>lished  quar- 
terly under  the  direction  of  the  Secretary  of  Commerce 
and  Labor. 
Monthly  re-     The  Chief  of  the  Bureau  of  Statistics  shall,  under  the 
©r exports '^and  direction  of  the  Secretary  of  Commerce  and  Labor,  pre- 
^^l?s^%S9         pare   and   pu])lish  monthly  reports   of   the    exports  and 
imports  of  the   United  States,   including   the  quantities 
and  yalues  of  goods  warehoused  or  withdrawn  from  ware- 
house, and  such  other  statistics  relative  to  the  trade  and 
industry  of  the  country  as  the  Secretar}'  of  Commerce  and 
Labor  may  consider  expedient.     [See  last  clause  of  para- 
graph above.] 

[R.  S.  340  carried  out  by  Bureau  of  Navigation  under 
act  of  July  5,  1884,  page  156.] 

«  Statistics  concerning  railroads  are  gathered  and  published  by  the 
Interstate  Commerce  Commission.  (Act  of  Feb.  4,  1887,  as  amended 
Mar.  2,  1889. ) 


of 


BUREAU    OF    STATISTICS  111 

The   Chiof   of   tho    Buivau   of  Statistics  shall  pi'oparo  „,;V;,"",",}  ''l^^^; 
an  annual  statonuMit  of  all   iiKMcliandisc  passing' in  transit  "iiniiiiise    by 
tbroiij^li    tlio     United    Stales   to    foreign    countries,   each    'a'.*"!1'5/,/. 
description  of  merchandise,  so  far  as  practical)le,  ware- 
housed, witiidrawn  from  Avarehousc  for  consumption,  for 
cx])ortation,    for    transportation    to   other   districts,  and 
reinainin«i"  in  tlic  wareliouse  at  the  end  of  the  fiscal  yeai*. 

The  Chief  of  the  Bureau  of  Statistics  shall  (^dlect,  „,,unVfftcu^^^^^^^ 
dig"est.  and  arranii'e.  for  the  use  of  Coni^ress,  the  statis-  J^'-  '*>•-  3/.2. 
tics  t)f  the  "manufactur(>s  of  the  United  States,  their 
localities,  sources  of  raw  mat(>rial,  markets,  exchanges 
with  the  producing  regions  of  the  countiT,  transportation 
of  j)roducts,'''\vages,and  such  otiuu"  conditions  as  are  found 
to  atiect  tlu'ir  prosperity. 

The  Secretary  of  Commerce  and  Lalior  shall  cause  the  ,;^j""""^'  ''*^" 
annual  rei)oi"t  on  the  statistics  of  connuerce  and  na\'igation  Jf-  >■'.,  26s. 
required  from  tiie  C'liief  of  th(^  Bureau  of  Statistics  to  he 
prepared  and  printed  according  to  law,  and  to  l)e  sub- 
mitted to  Congress  at  as  early  a  day  in  etich  regular  ses- 
sion as  practicable,  ami  not  later  than  the  tirst  Monda}'  in 
January. 

[The  Secretary  of  Commerce  and  I^abor]  shall  also  pre-    ^''',"'""'  "/  "■^- 

.,•.  *.,  I  ,  I'l  ""'1'  reports. 

scribe  the  forms  of  the  annual  statements  to  l)e  submitted    J^.x.,251. 
to  Congress  by  him  showing  the  actual  state  of  commerce 
and  navigation  between  the    United    States  and  foreign 
coimtri(>s,  or  coastwise  between  the  collection  districts  of 
the  United  States,  in  each  year. 

[The  collection  of  data  and  employment  of  experts  in  con-    Emi'iyyuient 
nection  with  commerce  is  proyided  for  ni  appropriation 
acts.] 

<•  [Duties  triiiisl'eiT»'(l  fmiu  stale  department.] 

The  Secretary  of  Commerce  and   Labor  slitdl  annually    J^fi'^rts    of 

,        .      ,  -  -    coiniiuTcirtl     m- 

la}'  before  Congress:  formation   to 

A  statement,  in  a  compendious  form,  of  all  such    *    *    *  ^^'jR.^X^m'- 
commercial  information  contained  in  the  official  publica- 
tions of  other  goyernments,   which  he  shall  deem  suffi- 
ciently important. 

A  synopsis  of  so  much  of  the  information  which  ma}^ 
have  been  communicated  *  *  *  by  di})lomatic  and  con- 
sular officers  during  the  pre<'eding  year  as  lie  may  deem 
valuable  for  i)ublic  information;    *     *     * 

A  statement  of  the  lists  of  passengers  arriving  in  the 
United  States  from  foreign  places,  returned  to  him  quarter- 
yearly  by  the  collectors  of  customs. 

The   Secretary  of  Commerce  and  La])or  shall  publish    i'»biicatipn  oir 
cial  notincations,  from  tunc  to  time,  of  such  commerciauormation. 
information  communicated    *    *    *    by  di])lomaticand  con-    ^■^■'~^^- 
sular  otlicers,  as  he  may  deem   important  to  the  public 
interests,   in  such    new.spapers,   not   to  exceed    three   in 

•^See  note  ''  on  jiaf^e  106. 

^This  duty  now  porforined  by  Bureau  of  Labor.    See  law  on  page  61. 

<'A  list  of  United  States  ronsulates  is  given  on  page  377. 


112  BUREAU    OF    STATISTICS 

number,  as  he  may  select.     [Now  done  through  medium 
of  "advance  sheets."] 

c<iinmer.iiii  CoHsuls  and  conuuercial  agents  of  the  United  States  in 
sfus.'^"'''  '^*^™*'^"  foreign  countries  shall  procure  and  transmit  to  the  Depart- 

jime  18^1888     ^^^ut  of    State  [for  the  Department  of   Commerce    and^ 

{'25 , Stat'.,  186.)  Labor]  authentic  commercial  information  respecting  suchi; 
counti'ies,  of  such  character  and  in  such  manner  and  form 
and  at  such  times  as  the  Department  may  from  time  to 
time  prescribe. 

It  shall  be  the  duty  of  consuls  to  make  to  the  Secretary 

■'1'"!l?l''??,^  ini'^of  State  [for  the  Secretary  of  Commerce  and  Lal)orl  a 
)>()rts  from  iim- quartcrl}'  statement  of  exports  from,  and  imports  to,  the 
''"ia?i.  27, 1S79.    different  places  to  which  the}'  are  accredited,  giving,  as 

(20  Stat,  273.)  uga^.  as  may  be,  the  market  price  of  the  various  articles 
of  exports  and  imports,  the  dut}^  and  port  charges,  if 
any,  on  articles  imported  and  exported,  together  with 
such  general  information  as  they  ma}^  be  able  to  ol)tain 
as  to  how,  where,  and  through  what  channels  a  market 
ma}^  be  opened  for  American  products  and  manufactures. 
In  addition  to  the  duties  now  imposed  by  law,  it  shall  be 
the  duty  of  consuls  and  conunercial  agents  of  the  United 
States,  annually,  to  procure  and  transmit  to  the  Depart- 
ment of  State,  as  far  as  practicable,  information  respect- 

Lub.,r statistics,  jj^g.  ^j^^  ^.^^^  ^^  ^^.^^.^^  ^^^^j^  ^^^^.  ^^.:^^^Q^l  .^j^^j  Unskilled  labor 

within  their  respective  jurisdictions. 

Prices  current  Every  coHSular  officcr  shall  furnish  to  the  Secretary  of 
fromcoiisiiis.      (Jommercc   and    La))or,    as   often    as   shall    l)e    re(juired, 

'['"'s'stlu^m')  ^^^  prices  current  of  all  articles  of  merchandise  usually 
exported  to  the  United  States  from  the  port  or  place  in 
which  he  is  situated;  and  he  shall  also  furnish  to  the  Sec- 
retary of  Commerce  and  Labor,  at  least  once  in  twelve 
months,  the  prices  current  of  all  articles  of  merchandise, 
including  those  of  the  farm,  the  garden,  and  the  orchard, 
that  are  imported  through  the  port  or  place  in  which  he 
is  stationed.  And  ho  shall  also  report  as  to  the  character 
of  agricultural  implements  in  use,  and  whether  they  are 
imported  to  or  manufactured  in  that  country. 

Printing    and     « [There  shall  be  printed]  of  Commercial  Relations  and  of 

distribution      of  L   ,  n    i     .  •  '^      -i  ,1  1  •  11  u 

reports.  i* oreign    lielations,   three  thousand   copies  or  each;  one 

''^s/^iai.lfix)  thousand  for  the  Senate  and  two  thousand  for  the  House. 
conJuiar     re-      [There  shall   be  printed]  of   the   Reports  of    Consular 

ports.  '  Officers,  one  thousand  five  hundred  copies;  five  hundred 

for  the  Senate  and  one  thousand  for  the  House. 


«See  page  10<S  for  printing  of  Statistical  Abstract. 


BUREAU    OF    STATISTICS  113 

TliciT  shall  he  i)riMl(Hl  luonthly  l)y  tho  Pu])lic  Printer  J';;""">-  ^"»i- 

thirtv-Hve  luiiulred  coijies  of  the  Monthly  Sunnnarv  State-    vvr-  is,  is'j5. 
•      'i  i-  1  i'  f  1     4^1  V    «^-   4--      ^■'  4!  (2<j Stat,  1,59.) 

nient  ot  Imports  and  Lxport.s  and  other  .statistical  mtorma- 

tion  ])re})ai'i'd  by  the  Chief  of  the  Bureau  of  Statistics, 

Hepartinent  of  CVmmierco  ai\d  Labor,  five  hundred  copies 

of  which  shall  be  ft)r  the  use  of  the  Senate,  one  thousand 

copies  for  the  use  of  the  House  of  Representatives,  and 

two  thousand  copies  for  the  use  of  the  Department  of 

Connnerce  and  Labor. 

All  terms  of  measure,  weio-ht,  and  money  shall  be  re-    I'nming     re- 
duced to  and  expressed  in  terms  of  measure,  weight,  and  ^°v«'r. »,  mn. 
coin  of  the  United  States,  as  well  as  in  the  foreign  terms;    i^ostat.,  m.) 
that  each  issue  of  consular  reports  shall  not  exceed  ten 
thousand  co])ies.     [Repeated  in  appropriation  acts.] 

Ko  part  of  such  rei)orts  discussing  partisan,  political,    '[",\"J,;J^^,!^3r,  ^ 
religious  or  moral  questions  shall  be  published. 

[There  shall  be  printed]  nineteen  thousand  copies  of  the  Mm-,  is.  vjo:. 
general  sunnnary  entitled  ^'Review  of  the  World's  Com-  ^^-■' ■''''"'  ^'''^-^ 
nierce,"  for  the  year  nineteen  hundred  and  one,  of  which 
three  thousand  shall  be  for  the  use  of  the  Senate,  six 
thousand  for  the  use  of  the  House  of  Representatives,  and 
ten  thousand  for  the  use  of  the  Department  of  State 
[Connnerce  and  Labor];  and  eleven  thousand  copies  of 
Commercial  Relations  of  the  United  States  for  the  year 
nineteen  hundred  and  one,  including  the  general  summary, 
of  which  two  thousand  shall  be  for  the  use  of  the  Senate, 
four  thousand  for  the  use  of  the  House  of  Representatives, 
and  five  thousand  for  the  use  of  the  Department  of  State 
[Commerce  and  Labor]. 

[Purchase  of  reports  and  data  by  consuls  for  commercial 
reports  and  cost  of  cablegrams  on  su])jects  of  immediate 
importance  to  commerce  and  industry  are  provided  for  in 
appropriation  acts.] 

[Statistics  of  the  commerce  and  navigation  between  the    statistics     of 

fT.,,.,,,  1.,  ,.  i'-i.  •       J  trade    witli    Ha- 

L  !ute(l  States  and  its  noncontiguous  territoiy  are  required  waii.etc. 
by  act  of  April  'li),  VM)'1\  see  page  255.] 

[A  chief  clerk  at  a  salary  of  i$2,250,  statistical  clerks,    i^yr^-'nuci  of 
translators,  and  other  employees  are  i)rovided  for  the  Bu-    Appropriation 
reau  of  Statistics.     Authority  for  the  Chief  of  the  Bureau  °'^^''- 
of  Statistics  is  given  on  page  106.] 
27628—04 8 


CHAPTER  XI 
STEAMBOAT-INSPECTION  SERVICE 


The  Steamboat-Inspection  Service  had  its  beginning  in  the  act  of 
Congress  approved  July  7,  1838,  which  provided  for  the  better  secur- 
ity of  the  lives  of  passengers  on  board  of  vessels  propelled  in  whole 
or  in  part  by  steam.  Under  this  act  the  United  States  district  judges 
appointed  inspectors  of  hulls  and  boilers  in  their  respective  districts, 
and  the  Treasury  Department  had  supervision  of  the  service.  On 
March  3,  1843,  an  act  was  approved  relating  to  the  equipment  of  steam 
vessels,  and  an  act  approved  March  3,  1849,  related  to  signal  lights 
used  on  vessels  navigating  western  and  northern  lakes. 

The  Service  was  reorganized  by  section  5  of  the  act  of  Congress 
approved  August  30,  1852,  and  since  that  date  the  work  has  been  prose- 
cuted, with  but  few  innovations,  on  the  plans  then  adopted.  Nine 
supervising  inspectors  were  appointed  by  the  President,  with  the 
advice  and  consent  of  the  Senate,  and  local  inspectors  were  provided. 

A  resolution  of  Congress  relating  to  the  duties  of  inspectors  was 
approved  March  3,  1853.  The  carrying  of  passengers  was  regulated 
by  act  of  Congress  approved  March  3, 1855.  The  act  approved  June  8, 
1864,  related  to  the  appointment  of  additional  inspectors  of  steam  ves- 
sels. The  act  approved  July  4,  1864,  further  regulated  the  carriage 
of  passengers  in  steamships  and  other  vessels.  The  act  approved 
March  3, 1865,  provided  for  additional  inspectors,  and  the  act  approved 
July  25,  1866,  provided  further  for  the  safety  of  the  lives  of  passen- 
gers. 

By  act  of  Congress  approved  February  28,  1871,  the  promotion  of 
security  of  life  was  extended  to  vessels  propelled  in  whole  or  in  part 
by  steam,  thereb}^  giving  the  officers  and  crews  of  such  vessels  the 
lawful  protection  that  formerly  extended  only  to  passengers.  This 
act  has  been  merged  in  Title  52  of  the  Revised  Statutes,  and  is  sub- 
stantially the  law  now  in  force  relating  to  steamboats. 

Acts  approved  April  7,  1882,  June  10,  1886,  March  1,  1895,  and 
February  15,  1897,  related  generally  to  compensation  of  inspectors, 
mileage,  collection  of  fees,  and  changes  in  number  of  districts.  Sec- 
tion 4405,  Revised  Statutes,  provides  for  the  assembling  of  the  super- 
vising inspectors  and  the  Supervising  Inspector-General,  as  a  board, 
114 


STEAMBOAT-INSPECTION    SERVICE 


115 


in  the  city  of  Wasliiuj^ton  on  tiie  third  Wodne.sdtiy  in  flanuary  of  ouch 
year,  to  estal)lish  necessary  reguhitions;  and  that  such  rcguhitions, 
when  approved  ))y  the  Secretar}'  of  Commerce  and  Ijabor,  sluill  liave 
the  force  of  law. 

For  the  purpose  of  administerintr  the  pilot  rules  the  watei's  <»f  the 
United  States  are  di\"ided  into  three  ])arts,  and  separate  rules  are  made 
for  each.  These  three  divisions  are  (i)  Atlantic  and  Pacific  coast 
inland  waters.  (2)  the  Great  Lakes  and  their  connectinj^  and  tributary 
w'aters  as  far  east  as  Montreal,  (3)  rivers  whose  waters  flow  into  the 
Gulf  of  ^lexico,  and  their  tri))utaries,  and  the  lied  River  of  the  North. 
The  rules  above  referred  to,  and  also  the  international  rules  of  the 
road,  are  <^iven  on  page  811>  et  seq. 

The  supervision  of  the  Steamboat- Inspection  Service  was  trans- 
ferred to  the  Secretary  of  Commerce  and  Labor  on  fluh'  1,  i5M)8,  l)y 
act  of  Cong-ress  approved  Fel)rn.ary  14,  ll>Oo  (An  act  to  establish  the 
Department  of  Commerce  and  Labor). 


Snperri.'fiiKj  IiiKiH'ctor-acni'rnlx  iritli  datis  nf  sen'ice. 


From- 


Joseph  Bi'lkimii June  11, 1871 

Joseph  NiiiniKi,  jr i  June  20, 1872 

Unvid  D.  Smith j  Mar.    4,1873 

William  Burnett Sept.    1, 1874 

James  A.  Diimont Nov.  22, 1876 

George  Uhler Apr.     1, 1903 


June  20, 1872 
Mar.  4, 1873 
Sept.  1,1874 
Nov.  22,1876 
Mar.  31,1903 


LAW  PERTAINING  TO  THE   STEAMBOAT-INSPECTION  SERVICE 

[As  ni-.Mlilied  hy  act  of  Frliruary  14,  1903.] 

Kvei-y  v«\'-;sel  propidled  in  whole  or  in  part  by  steam ,^,^.^'^^J.'{^''^'''^''''^'*°^ 
shall  he  deemed  a  steam  vessel  within  the  meaning  of  this    Ji.  >'.,  ww'. 
Title.     [R.  S.,  4399-4500.] 

All  steam  vessels  navigatino-  any  waters  of  the  United ^„)Vp^'[  to'^the 
States  which  are  common  hi^•hwa^^s  of  commerce,  or  open  provisions  of  this 
to  general  or  competitive   navig-ation,   excepting-   public    i{.'s.,!.wn. 
vessels  of  the  United  States,  vessels  of  other  countries, 
and  boats  propelled  in   whole   or  in    part   l)y  steam  for 
navigating^  canals,  shall  be  subject  to  the  provisions  of  this 
Title.     |R.  S..  4399-450(1. J" 

And  all  foreio-n  private  steam  vessels  carrving-  passen-    rrmisions-anrt 

»       i  ,         n     .        1     -I  j"  j^i         rciiuiremeiits  as 

gers  from  any  port  of  the   United  States  to  any  other  to   foreign  pas- 
place  or  countVy  shall  be  subject  to  the  provisions  of  sec-sej^f'"'"''''"'™^'''''" 
tions  fortv-four  hundred  and  seventeen,  fortv-four  hun-    A'v'^./',^*'f-, 
area  and  eighteen,  forty-four   hundred  and    twenty-one.    Amended  Mar. 
forty-four  hundred  and  twenty-two,  forty-four  hundred^' '^\;^,a<,  699) 
and  twenty-three,  fort3'-four  hundi-ed  and  twenty-four, 
forty-four  hundred  and  sevent}',  forty-four  hundred  and 
seventy-one,  forty-four  hundred  and  seventy-two,  forty- 


«  For  enrollment  of  steam  vessel,  see  page  160. 


116  STEAMBOAT-INSPECTION   SERVICE 

four  hundred  and  seventy-three,  forty -four  hundred  and 
seventy-nine,  forty-four  hundred  and  eighty-two,  forty- 
four  hvindred  and  eighty-eight,  forty-four  hundred  and 
eighty-nine,  forty-four  hiuidred  and  ninety-six,  forty-four 
hundred  and  ninety-seven,  forty-four  hundred  and  ninety- 
nine,  and  forty-live  hundred  of  this  Title,  and  shall  be 
liable  to  visitation  and  inspection  bv  the  proper  officer,  in 
any  of  the  ports  of  the  United  States,  respecting  any  of 
the  provisions  of  the  sections  aforesaid:  Prorhled^  how- 
fststai  sTt  ^^''''''  That  when  such  foreign  passenger  steamers  belong 
to  countries  having  inspection  laAvs  approximating  those 
of  the  United  States,  and  have  unexpired  certificates  of 
inspection  issued  by  the  proper  authorities  in  the  respec- 
tive countries  to  which  the}"  belong,  they  shall  ))0  subject 
to  no  other  inspection  than  necessary  to  satisfy  the  local 
inspectors  that  the  condition  of  the  vessel,  her  boilers,  and 
life-saving  eciuipmcnts  are  as  stated  in  the  current  certifi- 
cate of  inspection;  but  no  such  certificate  of  inspection 
shall  be  accepted  as  evidence  of  lawful  inspection  except 
when  presented  b}-  steam  vessels  of  other  countries  which 
have  by  their  laws  accorded  to  the  steam  vessels  of  the 
United  States  visiting  such  countries  the  same  privilege 
accorded  herein  to  the  steam  vessels  of  such  countries 
visiting  the  United  States;  it  being  further  provided  that 
there  shall  be  collected  and  paid  into  the  Treasury  of  the 
United  States  the  same  fees  for  the  inspection  of  foreign 
passenger  steamers  carrying  passengers  from  the  United 
States  that  any  foreign  nation  shall  charge  the  merchant 
vessels  of  the  United  States  trading  to  the  ports  of  such 
nationality;  it  being  further  provided  that  the  Secretary 
of  Commerce  and  Labor  shall  have  the  power  to  waive  at 
any  time  the  collection  of  such  fees  upon  due  notice  of  the 
proper  authorities  of  any  country  concerned  that  the  col- 
lection of  fees  for  the  inspection  of  American  steam  mer- 
chant vessels  has  been  discontinued." 
Vessels  navi-  AH  coastwise  sca-going  vessels,  and  vessels  navigating 
IndonZ'oreatthe  great  hikcs,  shaltbe  subject  to  the  navigation  laws  of 
^^R%'  wn  ^^^  United  States,  when  navigating  within  the  jurisdic- 
tion thereof;  and  all  vessels,  propelled  in  whole  or  in  part 
by  steam,  and  navigating  as  aforesaid,  shall  l)e  su])ject  to 
ail  the  rules  and  regulations  established  in  pursuance  of 
law  for  the  government  of  steam-vessels  in  passing,  as 
provided  by  this  Title;  and  every  coastwise  sea-going 
steam-vessel  subject  to  the  navigation  laws  of  the  United 
States,  and  to  the  rnles  and  regulations  aforesaid,  not 
sailing  under  register,  shall,  when  under  way,  except  on 
the  high  seas,  be  under  the  control  and  direction  of  pilots 
licensed  by  the  inspectors  of  steamboats.  * 

«The  original  proviso  and  sections  2  to  6,  inclusive,  of  amendment 
to  section  4400  were  repealed  bv  act  of  Congress  approved  March  1, 
1895. 

^  Modified  bv  rules  to  prevent  collisions,  act  of  August  19,  1890, 
page  325. 


STEAMBOAT-INSPECTION   SERVICE  117 

Th(MV   shall    1)0    :i    sup(M-visiiiu-   iiispoctor-o-oneral,   wlu),p^XM/.M"Tai"' 
shiill  1)0  appointed  from  tiiiio  to  time  by  the  President,  by    A'..s.,/,/,o^'. 
and  with  the  ad\  ice  aiul  eoiiseiit  of  tlie  Senate,  iind  who 
shall  1)0  selected  with  referene(>  to  his  fitness  and  ability 
to  systematize  and  carry  into  idlect  all  the  ])rovisions  of 
law  relatintj  to  the  steamboat-inspection  service,  and  who 
shall  be  entitled  to  a  salary  of  three  thousand  five  hundred 
dollars  a  yQiu\  and  his  reasonable  traveling-  expenses,  or- 
mih'aiio  at  the  rate  of  live  cents  a  mile,  incurred  in  the 
performanco  of  his  duties." 

Thesui)ervisino'  insj)(>ctor-o-eneral  shall,  under  the  diroc-    T>"ties.^ 

tion  of  the  Secretai'y  of  Conunerce  and  Labor,  superin-     ' "  " 

tend  the  administration  of  the  steamboat-inspection  laws, 
preside  at  the  mcetin»i;s  of  the  board  of  sup(U'\isino-  in- 
spectors, receive  all  reports  of  inspectoi's,  receive  and 
examine  all  accounts  of  inspectors,  report  fully  at  stated 
periods  to  the  Secretary  of  Commerce  and  Labor  upon  all 
matters  pertaining  to  his  otticial  duties,  and  produce  a  cor- 
rect and  uniform  administration  of  the  inspection  laws, 
rules,  and  regulations. 

Theri»  shall  be  ten  supervising  inspectors,  who  shall  be  supervising  in- 
appointed  by  the  President,  by  and  with  tlio  advice  and  w.  n,  wo^i. 
consent  of  the  Senate.  Each  of  them  shall  be  selected  for 
his  knowledge,  skill,  and  practical  experience  in  the  uses 
of  steam  for  navigation,  and  shall  be  a  competent  judge 
of  the  character  and  qualities  of  steam-vessels,  and  of  all 
parts  of  the  machinery  employed  in  steaming.  Each  su- 
pervising inspector  sliall  be  entitled  to  a  salary  of  three 
thousand  dollars  a  year,  and  his  actual  and  reasonable  trav- 
eling ex})enses.  or  mileage,  at  the  rate  of  five  cents  a  mile, 
incurred  in  the  performance  of  his  duties,"  together  with 
his  actual  and  reasonable  expenses  for  transportation  of 
instruments,  which  shall  be  certified  and  sworn  to  under 
such  instructions  as  ma}"  be  given  l)y  the  Secretary  of 
Commerce  and  Lal)or. 

The  supervisino-  inspectors  and  the  supervising  in-  fleeting  and 
spector-general  shall  assemble  as  a  board  once  in  each  districts. 
year,  at  the  city  of  Washington,  District  of  Columbia,  ^- •^■- «''^'- 
on  the  third  Wednesday  in  flanuary,  and  at  such  other 
times  as  the  Secretary  of  Commerce  and  Labor  shall  pro- 
scribe, for  joint  consultation,  and  shall  assign  to  each  of 
the  supervising  inspectors  the  limits  of  territor}'  within 
which  he  shall  perform  his  duties.  The  board  shall  estab- 
lish all  necessary  regulations  required  to  carry  out  in  the 
most  effective  manner  the  provisions  of  this  Title,  and 
such  regulations,  wh(>n  approved  by  the  Secretary  of  Com- 
merce and  La))or.  shall  have  the  force  of  law.  The  super- 
vising inspector  for  the  district  embracing  the  Pacitic 
coast  shall  not  ])e  under  obligation  to  attend  th(»  meetings 
of  the  l)oard  oftoncM-  than  once  in  two  years;  but  when  he 
does  not  attend  such  meetings  he  shall  make  his  comnm- 
nications  thereto,  in  the  way  of  a  report,  in  such  manner 
as  the  board  shall  prescribe. 

"Ah  amen.k'd  l)v  acts  of  ^larch  1,  1895,  and  Fel)ruary  15,  1897.    See 
section  4414. 


118  STEAMBOAT-INSPECTION   SEEVICE 

Jiv*/sfng^  In-     Each  supervising  inspector  shall  watch  over  all  parts 
spectors.  of  the  territory  assigned  to  him,  shall  visit,  confer  with, 

R.h.,uk06.  ,^^^^  examine  into  the  doings  of  the  local  hoards  of  in- 
spectors within  his  district,  and  shall  instruct  them  in 
the  proper  performance  of  their  duties;  and  shall,  when- 
ever he  thinks  it  expedient,  visit  any  vessels  licensed,  and 
examine  into  their  condition,  for  the  purpose  of  ascertain- 
ing whether  the  proA'isions  of  this  Title  have  been  observed 
and  complied  with,  both  by  the  board  of  inspectors  and 
the  masters  and  owners.  All  masters,  engineers,  mates, 
and  pilots  of  such  vessels  shall  answer  all  reasonable 
inquiries,  and  shall  give  all  the  information  in  their  power 
in  regard  to  any  such  vessel  so  visited,  and  her  machinery 
for  steaming,  and  the  manner  of  managing  both. 
To  report  vio-      Whenever  a  supervising  inspector  ascertains  to  his  sat- 

^R^i.Aum.  isfaction  that  any  master,  mate,  engineer,  pilot,  or  owner 
of  any  steam-vessel  fails  to  perform  his  duties  according 
to  the  provisions  of  this  Title,  he  shall  report  the  facts 
in  writing  to  the  board  of  local  inspectors  in  the  district 
where  the  vessel  was  inspected  or  belongs;  and,  if  need 
be,  he  shall  cause  the  negligent  or  offending  party  to  be 
prosecuted;  and  if  the  supervising  inspector  has  good 
reason  to  believe  there  has  been,  through  negligence  or 
any  other  cause,  a  failure  of  the  board  which  inspected 
the  vessel  to  do  its  duty,  he  shall  report  the  facts  in  writ- 
ing to  the  Secretary  of  Commerce  and  Labor;  who  shall 
cause  immediate  investigation  into  the  truth  of  the  com- 
plaint, and,  if  he  deems  the  cause  sufficient,  shall  remove 
any  officer  found  delinquent. 
Supervision  of     ^Jhe  Supervising  inspectors  shall  see  that  the  several 

^^R.sTy.os.  boards  of  local  inspectors  within  their  respective  districts 
execute  their  duties  faithfully,  promptly,  and,  as  far  as 
possible,  uniformly  in  all  places,  by  following  out  the  pro- 
visions of  this  Title  according  to  the  true  intent  and  mean- 
ing thereof;  and  they  shall,  as  far  as  practicable,  harmonize 
dil'erences  of  opinion  existing  in  different  local  boards. 
Districts    not     ^hc  supcrvisino'  inspector  shall  visit  any  collection  dis- 

having    inspect-  ,    .    ,    .  i  •    i     ,  i    *       •    ■'^  ,  j  •  i  ^      ji  •  i. 

ors.  trict  in  which  there  is  at  any  time  no  board  of  inspectors, 

K.  s.,  i,!MK  ,^j^^|  within  which  steam-vessels  are  owned  or  employed. 
Each  supervising  inspector  shall  have  full  power  in  any 
such  district,  or  in  any  district  where,  from  distance  or 
other  cause,  it  is  inconvenient  to  resort  to  the  local  board, 
to  inspect  any  steam-vessel  and  the  boilers  of  such  steamer, 
and  to  grant  certiticates  of  approval,  and  to  do  and  per- 
form all  the  duties  imposed  upon  local  boards. 
Annual repOTts      Each  Supervising  inspector  shall  report,  in  writing,  at 

of   supervising,,  i  , .    '^  ,f    , ,        ,  i     ii  i    i,       •         „ 

inspectors.  the  annual  meetings  of  the  board,  the  general  business 
R.  .s.,  huio.  transacted  in  his  district  during  the  year,  embracing  all 
violations  of  the  laws  regulating  steam-vessels,  and  the 
action  taken  in  relation  to  the  same,  all  investigations 
and  decisions  by  local  inspectors,  and  all  cases  of  appeal, 
and  the  result  thereof;  and  tlie  board  shall  examine 
into  all  the  acts  of  each  supervising  inspector  and  local 


STEAMBOAT-INSPECTION    8EKVICE  119 

board,  and  all  ("oinpliiiiits  made  against  the  same,  in  rela- 
tion to  the  ])erforni:ince  of  their  duties  under  the  law,  and 
the  juduinent  of  the  hoard  in  each  ease  siiall  l)e  entiM'ed 
upon  their  journal;  and  the  hoard  shall,  as  far  as  possible, 
correet  mistakes  where  they  exist. 

The  l)oard  of  supervisiiio- inspectors  shall  establish  '^ii^^'li  ^./fj;';"!"//-^^^^^^^ 
rei>idations  asmay  be  necessary  to  make  known  in  a  proper  fomiHtion  to  lo 
manner,    to   local    inspectors, 'the   najues   of   all    persons  *"];".1?^^^J^"- 
licensed  under  the  provisions  of  this  Title,  the  names  of 
all  persons  from  whom  licenses  have  been  withheld,  and 
the  names  of  all  whose  licenses  have  been  suspended  or 
revoked;  also  the  names  of  idl  steam-vessels  neo-lecting-  or 
refusing  to   make  such   repairs  as  may  be  ordered  pur- 
suant to  law,  and  the  names  of  all  that  have  been  refused 
certiticates  of  inspection. 

"The  board   of   supervising-  inspectors   shall  establish ^o^tl"nfer°pl4^ 
such  regulations  to  be  observed  by  all  steam-vessels  in '"?■  ^^  ^^^^ 
passing  each  other,  as  they  shall  from  time  to  time  deem     '• "  "^  - 
necessar}"  for  safety;  two  printed  copies  of  such  regula-    - 
tions,  signed  by  them,  shall  be  furnished  to  each  of  such 
vessels,  and  shall  at  all  times  be  kept  posted  up  in  con- 
spicuous places  in  such  vessels. 

''  Everv  pilot,  engineer,  mate,  or  master  of  anv  steam-.  Penalty forvjo- 

1        "i  \      r  •111'    11  J-  J.  \     ^  ii      liitiou  ot  regula- 

vessel  who  neglects  or  willtully  refuses  to  observe   the  tions. 
regulations  established  in  pursuance  of  the  preceding  sec-    ^''-  ^^  '•''^^^■ 
tion.  shall   be  liable  to  a  penalty  of  fifty  dollars,  and  for 
all  damages  sustained  by  any  passenger,  in  his  person  or 
baggage,  b}'  such  neglect  or  refusal. 

There  shall    be,  in   each   of   the    following    collection  >,,^J^ri°e(^  o'i-  jo^^l 
districts,    one    inspector   of    hulls   and  one  inspector   of  inspectors. 
boilers,  namelv:  The  districts  of  New  York,  New  York;    Mar'.'i',''m5. 
Boston.  Massachusetts;  Philadelphia,  Pennsylvania;    San    (^^"^ stdt,  g99.) 
Francisco,  California;  All)any,  New  York;  New  London, 
Connecticut;  Baltimore,  Maryland;    Butialo,  New  York; 
Cleveland,  Ohio;  New  Orleans,  Louisiana;  Norfolk,  Vir- 
ginia;  Saint  Louis,  Missouri;  Dubuque,  Iowa;    Detroit, 
Michigan;  Chicago,  Illinois;  Jacksonville,  Florida;  Bangor, 
Maine;   New  Haven,  Connecticut;  Michigan,    Michigan;    Mar.2,mri. 
Milwaukee,  ^A'isconsin;    Port   Huron,   Michigan;    Willa-    ^~'"''«  •■•^'' •> 
uiette,  Oregon;  Portland,  Maine;  Puget  Sound,  Washing- 

"  Section  4412  is  limited  by  section  5  of  the  act  of  Jtnie  7,  1897,  to 
the  Red  River  of  the  North  and  rivers  emptying  into  the  GuU"  of 
Mexico,  and  their  tril)utaries;  and  superseded  by  section  2  of  said  act, 
applying  to  the  inland  waters  of  the  Atlantic  and  Pacific  coasts;  and 
superseded  l)y  section  15  of  the  act  of  February  8,  1895,  applying  to 
the  (ireat  Lakes  and  their  connecting  and  tributary  waters  as  far  east 
as  Montreal.  See  rules  to  prevent  collisions,  page  324  et  secj.  Addi- 
tional duties  of  board  of  supervising  inspectors  regarding  rules  of  road 
are  given  on  pages  339,  342,  348,  349,  352,  355,  and  357. 

''Section  4413  is  limited  by  section  5  of  the  act  of  June  7,  1897,  (page 
353)  to  the  Red  River  of  tlie  North  and  rivers  emptying  into  the  Gulf  of 
Mexico  and  their  tributaries,  and  the  (ireat  bakes  and  their  connect- 
ing and  triVjutary -waters  as  far  east  as  Montreal;  and  superseded  by 
section  3  of  said" act  (page  335),  applying  to  the  inland  waters  of  the 
Atlantic  and  Pacific  coasts. 


120  STEAMBOAT-INSPECTION   SERVICE 

s  ectors^^  "^^  "^"toii;  Savannah,  Georgia;  Pittsburg,  Pennsylvania;  Oswego, 
New  York;   Charleston,  South  Carolina;   Duluth,  Minne- 
sota; Louisville, Kentucky;  Evansville,  Indiana;  Memphis, 
Tennessee;  Nashville,  Tennessee;  Cincinnati,  Ohio;  (ialli- 
june%  1900      po^i*^?  Ohio;  Wheeling,  West  Virginia;  Superior,  Michi- 
(31  Stat.,' 262.)   gnn\  Burliugton,  Vermont;  Apalachicola,  Florida;  Galves- 
tsosm.faeol)  ton,  Texas;  Mobile,  Alabama;  Toledo,  Ohio;  Alaska;  and 

Providence,  Rhode  Island. 

Mar.  1.1895.         The  iuspector  of  hulls  and  the  inspector  of  boilers  in 

ill'l"''"^'^'^   the  districts  enumerated  in  the  preceding  paragraph  shall 

be  entitled  to  the  following  salaries,  to  be  paid  under  the 

direction  of  the  Secretary  of  Commerce  and  Labor,  namely: 

In  districts  inspecting  one  hundred  steamers  and  less  to 

a  salary  of  one  thousand  two  hundred  dollars  per  year 

each. 

In  districts  inspecting  over  one  hundred  and  less  than 
one  hundred  and  fifty  steamers,  to  a  salary  of  one  thou- 
sand live  hundred  dollars  per  year  each. 

In  districts  inspecting  one  hundred  and  hfty  and  less 
than  two  hundred  steamers,  to  a  salar}"  of  one  thousand 
eight  hundred  dollars  per  year  each. 

In  districts  inspecting  two  hundred  and  less  than  three 
hundred  steamers,  to  a  salary  of  two  thousand  dollars  per 
year  each. 

In  districts  inspecting  three  hundred  and  less  than  hve 
hundred  steamers,  to  a  salary  of  two  thousand  two  hun- 
dred and  tifty  dollars  per  year  each. 

In  districts  inspecting  live  hundred  steamers  and  up- 
ward, to  a  salary  of  two  thousand  live  hundred  dollars  per 
year  each. 
s  eetOTs^'^  ^^ '"  '^^^^  Supervising  Inspector-General  shall  report  to  the 
Secretary  of  Commerce  and  Labor  the  numljer  of  inspec- 
tions for  the  year  next  ])receding  the  approval  of  this 
Act  and  thereafter,  at  the  end  of  each  hscal  year,  the 
number  of  steamers  inspected  in  each  local  district  in  that 
year,  which  number  shall  be  the  basis  upon  which  shall 
be  determined  the  salaries  to  be  paid  to  local  inspectors 
for  the  following  fiscal  year,  in  the  ratio  described  in  the 
preceding  paragraphs  of  this  section. 
s  ectors^"*  "^  And,  in  addition,  the  Secretar}^  of  Commerce  and  Labor 
may  appoint,  uj)on  the  nomination  of  the  supervising  in- 
spector of  the  district,  in  collection  districts  where  there 
are  two  hundred  and  twenty-five  steamers  and  upward  to 
be  inspected  annually,  assistant  inspectors,  at  a  salar}",  for 
the  district  of  New  York,  of  two  thousand  dollars  a  year 
each;  for  the  district  of  New  Orleans,  Louisiana;  Phila- 
delphia, Pennsylvania;  Baltimore,  Maryland;  Boston, 
Massachusetts;  Chicago,  Illinois;  and  San  Francisco,  Cali- 
fornia, at  one  thousand  eight  hundred  dollars  per  year 
each;  and  for  all  other  districts  at  a  salary  not  exceeding- 
one  thousand  six  hundred  dollars  a  year  each;  and  he  may 
appoint  a  clerk  to  any  such  board  at  a  compensation  not 
exceeding  one  thousand  two  hundred  dollars  a  year  to  each 


STEAMBOAT-INSPECTION    SERVICE 


121 


Mileiig-e,  etc. 
Fib.  ir,.  1897. 
{„".!  Stdf.,  53U.) 


j.p. 

K'lll    illSlH'"t- 


R.  S.,  t,.',15. 


person  so  iippointod.  Kvcrv  insjUH-tor  providod  for  in 
this  or  tlH'  j)i-(>(('(liMo-  siH-tioiis  of  this  tith>  siiall  1)0  paid 
his  iictnal  and  rcasoiiaith*  travcliny'  (\\pensos  oi-  niih\i<iv, 
at  tho  rate  of  tivo,  ('(Mits  a  niih',  iticurivd  in  th(>  porform- 
anc'c  of  his  dntics,  toocthor  with  his  actnal  and  I'easonabU^ 
expenses  for  transportation  of  itistrunients,  which  shall  be 
certified  and  sworn  to  under  such  instructions  as  shall  l)e 
given  hv  the  Secretary  of  C\)nnnerce  and  I^abor. 

«'*  *  *  an  insi)ector  of  hulls,  shall  [bel  a  ])erson  of  Qiiaiifi<<itionR 
trood  character  and  suital)l(>  (juahhcations  and  attauunents 
to  perform  the  services  reipiinMl  of  inspectors  of  hulls, 
ana  who,  from  his  practical  knowledoe  of  .shipl)uildino- 
and  navigation  and  the  uses  of  steam  in  navigation,  is 
fully  eompetent  to  make  a  relial)le  estimate  of  the  strength, 
sea-'worthiness,  and  other  qualities  of  the  hulls  of  steam- 
vessels  and  their  e(|uipment,  deemed  essential  to  safety  of 
life  in  their  navigation;  and  an  inspector  of  boilers,  shall 
I  tie]  a  ])erson  of  g'ood  character  and  suitable  qualifications 
and  attaiiunents  to  perform  the  services  required  of 
inspectors  of  boilers,  who,  from  his  knowledge  and  exyieri- 
ence  of  the  duties  of  an  engineer  employed  in  navigating 
vessels  by  steam,  and  also  of  the  construction  and  use  of 
boilers,  and  machinery,  and  appurtenances  therewith  con- 
nected, is  able  to  form  a  reliable  opinion  of  the  strength, 
form,  workmanship,  and  suitalileness  of  boilers  and  ma- 
chinery to  be  employed  without  hazard  to  life,  from  imper- 
fection in  the  material,  workmanship,  or  arrangement  of 
any  part  of  such  apparatus  for  steaming.  No  appointment 
of  an  inspector  of  hulls  or  an  inspector  of  boilers  shall  })e 
made  without  the  concurrence  of  the  supervising  inspector. 
The  inspector  of  hulls  and  the  inspector  of  boilers  thus 
designated, Avhenappro\ed  l)y  the  Secretary  of  Conunerco 
and  Labor,  shall,  from  the  date  of  designation,  constitute 
a  l)oard  of  local  inspectors. 

No  person  interested,  either  dire^tly  or  indirectly,  in  any 
patented  article  required  to  be  used  on  any  steamer  by  this  J^ 
Title,  or  who  is  a  member  of  any  association  of  owners, 
masters,  engineers,  or  pilots  of  steamboats,  or  who  is 
directly  or  indii"(M'tly  pecuniarily  interested  in  any  steam- 
vessel,  or  who  has  not  the  qualifications  and  acquirements 
prescribed  by  this  Title,  or  who  is  intemperate  in  his  hal)its, 
shall  ])e  eligible  to  hold  the  office  of  either  supervising  or 
local  inspector,  or  to  dischai-ge  the  duties  thereof;  and  if 
any  such  person  shall  attempt  to  exercise  the  functions  of 
the  office  of  either  inspector,  he  shall  be  deemed  g'uilt}"  of 
a  misdemeanor,. punishable  by  a  fine  of  five  hundred  dol- 
lai's,  and  shall  be  dismissed  from  office. 


Lociil  boards 


What    persons 
are  not  eligible. 

■     .S.,  UIG. 


«rnder  a  decision  of  the  Attorney-General,  so  much  of  section  4415 
as  re(|uires  the  board  of  desifjnators  tiierein  named  to  make  the  desig- 
nation for  ai>pointnient  of  a  local  inspector  is  claimed  to  be  repealed 
by  the  civil-service  act. 


122  STEAMBOAT-INSPECTION   SERVICE 

huiis^^*'*''''^  °^  ^^^  local  inspectors  shall,  once  in  every  year,  at  least, 
R.  s.,  uuii.  upon  application  in  writing  of  the  master  or  owner,  care 
full}"  inspect  the  hull  of  each  steam-vessel  within  their 
respective  districts,  and  shall  satisfy  themselves  that  every 
such  vessel  so  submitted  to  their  inspection  is  of  a  struc- 
ture suitable  for  the  service  in  which  she  is  to  be  employed, 
has  suitable  acconunodations  for  passengers  and  the  crew, 
and  is  in  a  condition  to  warrant  the  belief  that  she  may 
be  used  in  navigation  as  a  steamer,  with  safety  to  life, 
and  that  all  the  requirements  of  law  in  regard  to  fires, 
boats,  pumps,  hose,  life-preservers,  tloats,  anchors,  cables, 
and  other  things,  are  faithfully  complied  with;  and  if  they 
deem  it  expedient,  they  may  direct  the  vessel  to  be  put 
in  motion,  and  may  adopt  any  other  suitable  means  to  test 
her  sufficiency  and  that  of  her  equipment. 
Annual inspee-  The  local  inspectors  shall,  once  in  every  ,year,  at  least, 
Dec.u,m8.  or  upon  application  in  writing  of  the  master  or  owner, 
ivc."^/"'"  '^^'^  carefully  inspect  the  hull  of  each  sail  vessel  of  over  seven 
hundred  tons  and  all  other  vessels  and  barges  of  over  one 
hundred  tons  burden  carrying  passengers  for  hire  within 
their  respective  districts,  and  shall  satisfy  themselves  that 
every  such  vessel  so  submitted  to  their  inspection  is  of  a 
structure  suital)le  for  the  service  in  which  she  is  to  be  em- 
ployed, has  suitable  accommodations  for  the  crew,  and  is 
in  a  condition  to  Avarrant  the  ])elief  that  she  ma}'  ])e  used 
in  navigation  with  safety  to  life. 
boUers^'' '°"  "  The  local  inspectors  shall  also  inspect  the  boilers  of 
E.  s.,  uis.  ^ji  steam-vessels  before  the  same  shall  be  used,  and  once 
at  least  in  every  year  thereafter.  They  shall  subject 
all  boilers  to  the  hydrostatic  pressure;  and  shall  satisfy 
themselves  hy  thorough  examination  that  the  l)oilers  are 
well  made,  of  good  and  suitable  material;  that  the  open- 
ings for  the  passage  of  water  and  steam,  respectively, 
and  all  pipes  and  tubes  exposed  to  heat,  are  of  proper  di- 
mensions and  free  from  obstruction;  that  the  spaces  be- 
tween and  around  the  flues  are  sufficient;  that  the  flues  are 
circular  in  form;  that  the  fire  line  of  the  furnace  is  at 
least  two  inches  below  the  prescribed  mininumi  water-line 
of  the  boilers;  that  the  arrangement  for  delivering  the 
feed-water  is  such  that  the  boilers  can  not  be  injured  there- 
by; and  that  such  boilei's  and  machinery,  and  the  appurte- 
nances, may  be  safely  employed  in  the  service  proposed  in 
the  written  application,  without  peril  to  life.  They  shall 
also  satisfy  themselves  that  the  safety-valves  are  of  suitable 
dimensions,  sufficient  in  number,  and  well  arranged;  and 
that  the  weights  of  the  safety-valves  are  properly  adjusted, 
so  as  to  allow  no  greater  pressure  in  the  boilers  than  the 
amount  prescribed  by  the  inspection  certificate;  that  there 
f^ritat  s^l)'  ^'^  ^  sufficient  number  of  gaug'e-cocks  properly  inserted 
Sec.  u.''  "  and  suitable  steam  gauges  to  indicate  the  pressure  of  steam; 
and  that  there  are  reliable  low-water  gauges;  and  that  the 
fusible  metals  are  properly  inserted  so  as  to  fuse  by  the 


STEAMBOAT-INSPECTION    SERVICE  123 

lu>at  of  th(>  funiiU'o.  wluMicvcr  the  watcM-inthe  ))oilers  falls 
hclow  its  prcscrilx'cl  limits;  and  that  adiMiuatc-  and  certain 
i)i()visi()n  is  made  tor  an  ample*  siqjply  of  water  to  feed 
the  boilers  at  all  times,  whethei' such  \  ('ss(>l  is  in  motion  or 
not,  so  tiiat  in  hiiih-pressure  boilers  thc^  water  shall  not  be 
less  than  four  inches  above  th(^  top  of  the  flues;  and  that 
means  for  blow ino- out  are  provided,  so  as  to  thoroujj'hly 
remove  the  mud  and  sediment  from  all  parts  of  the  boil- 
ers, when  they  ar(>  under  ])ressure  of  steam.  *  *  *  " 
All  boilers  used  on  steam-vess(ds  and  constructed  of  iron 
or  stt'«d  plates,  inspected  undei'  tiie  ])rovisions  of  section 
fortv-four  hundred  and  thirty,  shall  b(^  subj(H'ted  to  a  hy- 
drostatic test,  in  the  ratio  of  one  hundred  and  fifty  pounds 
to  the  square  inch  to  one  liundred  pounds  to  the  K^iuaro 
inch  of  the  workino-  steam-power  allowed.  No  l)oiler  or 
pipe,  nor  any  of  the  connections  therewith,  shall  be  ap- 
proved, which  is  made,  in  whole  or  in  part,  of  bad  mate- 
rial, or  is  unsafe  in  its  form,  or  dangerous  from  defective 
workmanship,  ajj;'e,  use,  or  other  cause. 

One  of  tlui  safety-valves  may,  if  in  the  opinion  of  the  ^a^f^tj^y^Jv^J  "^^ 
local    inspectors   it   is   necessarv   to   do  so,     *     *     *     be    R.s.  1,1,19. 
taken  wholly  from  tlie  control  of  all  persons  engaged  in    (u stat.,  H'>.) 
naviii'atinu' such  vessel  and  secured  by  th(*  inspectors. 

When  th(»  inspection  of  a  steam-vessel  is  completed  and  inspMUom'  °* 
the  inspectors  approve  the  vessel  and  her  equipment  i<- f>-J>'>~i- 
throuij;hout,  they  shall  make  and  subscril)e  a  certificate 
to  the  collector  or  other  chief  officer  of  the  customs  of 
the  district  in  whicdi  such  inspection  has  been  made,  in 
accordance  with  the  form  and  reoulations  prescrilied  by 
the  board  of  supervisino-  insjx'ctors.  Such  certificate 
shall  be  verified  by  the  oaths  of  inspectors  sig-ning-  it  [,] 
before  the  chief  officer  of  the  customs  of  the  district,  or 
any  other  person  competent  by  law  to  administer  oaths. 
If  the  inspectors  refuse  to  grant  a  certificate  of  approval, 
they  shall  make  a  statement  in  writing,  and  sign  the  same, 
giving  the  reasons  for  their  disapproval. 

I'pon  the  application  of  any  master  or  owner  of  any  g^ilpowder.'^'^"^ 
steam-vessel  employed  in  the  carriage  of  passengers,  for  Ji"- *'.,  4422. 
a  license  to  carry  gunpowder,  the  local  inspectors  shall 
examine  such  vessel,  and  if  they  find  that  she  is  ])rovided 
with  a  chest  or  safe  composed  of  metal,  or  entirely  lined 
and  sheathed  thei-ewith,  or  if  the  vessel  has  one  or  more 
compartments  thoroughly  lined  and  sheathed  with  metal, 
at  a  secure  distance  from  any  tii-e,  they  may  grant  a  cer- 
tificate to  that  effect,  authorizing  such  vessel  to  carry  as 
freight  Avithin  such  chest,  safes,  or  compartments,  the  arti- 
cle of  gunpowder. 

Every  collector  or   other  chief  officer  of  the  customs  tifl^^ftfonnlplc- 
shall  retain  on  file  all  original  certificates  of  the  inspectors  tion.  ^ 
required  to  be  delivered  to  him,  and  shall  give  to  the  mas- 


«  Part  omitted  virtually  expired  by  limitation  February  28,  1872. 


124  STEAMBOAT-IKSPECTION    SEKVICE 

ter  or  owner  of  the  vessel  therein  named  three  certified 
copies  thereof;  two  of  whicli  shall  be  placed  by  such  mas- 
ter or  owner  in  conspicuous  places  in  the  vessel  where 
they  will  be  most  likely  to  be  observed  b}'  passengers  and 
others,  and  there  kept  at  all  times,  framed  under  glass; 
and  the  other  shall  be  retained  by  such  master  or  owner, 
as  evidence  of  the  authority  thereby  conferred. 
Carrying   pas-      Whenever    any  passenger    is   received   on    board   anv 

sengers   or  gun-  -'      I    .  fe  -  •-•     i  •  j:  ,1  .-jl 

powder  contrary  steam- vessel  uot  having  the  certified  copies  or  the  certifi- 
^£.^'.,  uh'2h.  cate  of  approval  placed  and  kept  as  i-equired  l\y  this  Title, 
or  whenever  any  passenger  steam-vessel  receives  or  carries 
any  gunpowder  on  board,  not  having  a  certificate  authori- 
zing the  same,  and  a  certified  copy  thereof  placed  and 
kept  as  required,  or  shall  carry  any  gunpowder  at  a  place 
or  in  a  manner  not  authorized  by  such  certificate,  such 
steam-vessel  shall  be  liable  to  a  penalty  of  one  hundred 
dollars  for  each  offense/' 
tify^ing^fai'Jeiy'^'^      Everv  inspcctor  who  willfully  certifies  falsely  touching 

R.s.,hk'i5.'  any  steam-vessel,  as  to  her  hull,  accommodations,  boil- 
ers, engines,  machinery,  or  their  appurtenances,  or  any  of 
her  equipments,  or  any  matter  or  thing  contained  in  any 
certificate  signed  and  sworn  to  by  him,  shall  be  punished 
by  fine  of  not  more  than  five  hundred  dollars,  or  imprison- 
ment for  not  more  than  six  months,  or  both.* 

Ferry-boats,      The  hull  and  boilcrs  of  every   ferry-boat,  canal-boat, 
yaeht\  etc*;"^  *'' yacht,  or  other  small  craft  of  like  character,  propelled  l)y 

R.s.,t.m.  steam,  shall  be  inspected  under  the  provisions  of  this 
Title.  Such  other  pi'ovisions  of  law  for  the  better  security 
of  life,  as  may  be  applicable  to  such  vessels,  shall,  by  the 
regulations  of  the  board  of  supervising  inspectors,  also  be 
required  to  be  complied  with,  before  a  certificate  of  inspec- 
tion shall  1)0  granted;  and  no  such  vessel  shall  be  navi- 
gated without  a  licensed  engineer  and  a  licensed  pilot: 

fitilt^fa^)  ""P'^ovided,  hoirevei\  That  in  open  steam-launches  of  ten 
tons  burden  and  under,  one  person,  if  duly  qualified,  may 
serve  in  the  double  capacity  of  pilot  and  engineer." 

i^'dat  ^fsg)  "All  vessels  of  aliove  fifteen  tons  l)urden,  carrying  freight 
or  passengers  for  hire,  propelled  by  gas,  fiuid,  naphtha,  or 
electric  motors,  shall  1)e,  and  are  hereb}^  made  subject 
to  all  the  provisions  of  section  forty-four  hundred  and 
twenty-six  of  the  Revised  Statutes  of  the  United  States, 
relating  to  the  inspection  of  hulls  and  boilers  and  requir- 
ing engineers  and  pilots."" 

Tug-boats,     Xhe  hull  and  boiler  of  every  tug-boat,  towing-boat,  and 
j^eig    -  oa  s,  f|.g|gjjt.|)f)j^t  shall  be  inspected,  under  the  provisions  of  this 

R.  s.,  1,1,27.  Title;  and  the  inspectors  shall  see  that  the  boilers,  machin- 
ery, and  appurtenances  of  such  vessel  are  not  dangerous 
in  form  or  workmanship,  and  that  the  safety-valves,  gauge- 
cocks,  low-water  alarm-indicators,  steam-gauges,  and  fusi- 
ble plugs  are  all  attached  in  conformity  to  law;  and  the 


«  See  sections  4472,  4474-4476,  pages  136,  137,  138. 
b  See  section  5482,  page  145. 


STEAMBOAT-INSPECTION    SERVICE  125 

officors  navijiiitin*;-  such  vcs-sols  shall  be  licensed  in  con- 
forniitv  with  tiie  provisions  of  this  Title,  and  shall  be  sub- 
ject to  the  same  provisions  of  law  as  otticers  navigating 
passenger-steamers. 

That  anv  steam  vessel  engaged  in  the  business  of  towing,  I'erson-s   ai- 

,  ■•  .  7^       !•  1-1        1  X  *  lowed  on  board 

vessels,  ratts,  or  water  cratt  or  any  kmd,  also  steam  ves- nrtain  vessels, 
sels  engaged  in  oyster  dredging  and  pi:inting,  and  tishing    i'ustai.^m.) 
steamers  engaged  in  food  tishing  on  the  (ireat  J^akes  and    •^^^-  ^^^  ^^^^ 
all  other  inland  waters  of  the  United  States,  and  not  car-    (Si'atat., soi.) 
rving  passengers,  may  be  authorized  and  licensed  by  the 
supcr\  ising  inspector  of  the  district  in  which  said  steamer 
shall  be  employed  to  carry  on  l)oard  such  numher  of  per- 
sons, in  addition  to  its  crew,  as  the  supervising  inspector, 
in  his  judgnuMit.   sliall  deem  necessary  to    carry  on   the 
leoitimate   business   of    such  towing,  oyster  and    tishing 
steamers,  not  exceeding,  however,  one  person  to  every 
net  ton  of  measurement  of  said  steamer:  I^rorlded^  Inni)- 
erer.  That  the  person  so  allowed  to  be  carried  shall  not  be 
carried  for  hire. 

Every  steam  vessel  licensed  under  the  foregoing  section    Life    presen- 
shall  carry  and  have  on  board,  in  accessible  places,  one    j\ii,/ u.  issr,. 
lite-preserver  for  every  per.son  allowed  to  be  carried,  in    ,vr /^'°'' ^"^'^ 
addition  to  those  provided  for  the  crew  of  such  vessel. 

Every  l)oiler  manufactured  to  be  used  on  steam-vessels,  boue^rj^'"^''''"""^ 
and  made  of  iron  or  steel  plates,  shall  be  constructed  of    r.  s.'/,/,s8. 
plates  that  have  been  stamped  in  accordance  with  the  pro- 
visions of  this  Title. 

Every  |)erson  who  constructs  a  boiler,  or  steam-pipe  ^J^i'^op^''^  ,<;^!j; 
connecting  the  boilers,  to  be  u.sed  on  steam-vessels,  ofers. 
iron  or  steel  plates  which  have  not  been  duly  stamped  ^■^■^~''- 
and  inspected  according  to  the  provisions  of  this  Title, 
or  who  knowingly  uses  any  defective,  bad,  or  faulty 
iron  or  steel  in  the  con.struction  of  such  boilers;  or  who 
drifts  any  rivet-hole  to  make  it  come  fair;  or  who  delivers 
any  such  boiler  for  u.se,  knowing  it  to  be  imperfect  in  its 
tlues.  flanging,  riveting,  bracing,  or  in  an\'  other  of  its 
l)arts.  shall  be  fined  one  thousand  dollars,  one-half  for  the 
use  of  the  informer.  Nothing  in  this  Title  shall  be  so 
construed  as  to  pi'event  from  being  used,  on  any  steamer, 
any  boiler  or  steam-generator  which  may  not  be  con- 
structed of  rivetinl  iron  or  steel  plates,  when  the  board  of 
supervising  inspectors  have  satisfactory  evidence  that  such 
boiler  or  steam  generator  is  equal  in  strength,  and  as  safe 
from  explosion,  as  a  boiler  of  the  best  quality  constructed 
of  riveted  iron  or  .steel  plates.  Provided^  however^  That  p2%at^^fo) 
the  Secretary  of  Commerce  and  Labor  may  grant  permis- 
sion to  use  any  boiler  or  steam  generator  not  constructed 
of  riveted  iron  or  steel  plates  upon  the  certificate  of  the 
supervising  inspector  of  steam))oats  for  the  district  wherein 
such  boiler  or  generator  is  to  l)e  used,  and  other  satisfac- 
tory proof  that  the  use  of  the  same  is  safe  and  efficient;  said 


126 


STEAMBOAT-INSPECTION    SERVICE 


Inspection 

boiler  plates. 

B.  S.,  WO. 


Jan.  22,  1S91,. 
{2S  Stat.,  2S.) 


permit  to  be  valid  until  the  next  regular  meeting  of  the 
.supervising  inspectors  who  shall  act  thereon. 
''^  Every  iron  or  steel  plate  used  in  the  construction  of 
steamboat-boilers,  and  which  shall  be  subject  to  a  tensile 
strain,  shall  be  inspected  in  such  manner  as  shall  be  pre- 
scribed b}"  the  board  of  supervising  inspectors  and  ap- 
proved b}^  the  Secretary  of  Commerce  and  Labor,  so  as  to 
enable  the  inspectors  to  ascertain  its  tensile  strength,  homo- 
geneousness,  toughness,  and  ability  to  withstand  the  effect 
of  repeated  heating  and  cooling;  and  no  iron  or  steel  plate 
shall  be  used  in  the  construction  of  such  boilers  which 
has  not  been  inspected  and  approved  under  those  rules. 
And  the  Supervising  Inspector-General  may,  under  the 
direction  of  the  Secretary  of  Commerce  and  Labor,  detail 
assistant  inspectors  from  any  local  inspection  district 
where  assistant  insi)ectors  are  employed,  to  inspect  iron 
or  steel  boiler  plates  at  the  mills  where  the  same  are  man- 
ufactured; and  if  the  plates  are  found  in  accordance  with 
the  rules  of  the  su])ervising  inspectors,  the  assistant 
inspector  shall  stamp  the  same  with  the  initials  of  his 
name,  followed  by  the  letters  and  words,  '  U.  S.  assistant 
Inspector;'  and  material  so  stamped  shall  be  accepted  by 
the  local  inspectors  in  the  districts  where  such  material  is 
to  be  manufactured  into  marine  boilers  as  being  in  full 
compliance  with  the  requirements  of  this  section  regard- 
ing the  inspection  of  boiler  plates;  it  being  further  pro- 
vided that  any  person  who  affixes  any  false,  forged,  fraud- 
ulent, spurious,  or  counterfeit  of  the  stamp  herein  author- 
ized to  l)e  put  on  ])y  an  assistant  inspector,  shall  1)e  deemed 
guilty  of  a  felony,  and  shall  be  fined  not  less  than  one 
thousand  dollars,  nor  more  than  live  thousand  dollars,  and 
imprisoned  not  less  than  two  3'ears  nor  more  than  five 
3'ears. 

Eveiy  plate  of  boiler-iron  or  steel,  made  for  use  in  the 
construction  of  steam))oat-])oilers,  shall  ])e  distinctly  and 
permanently  stamped  by  the  manufacturcir  thereof,  and, 
if  practicable,  in  such  places  that  the  marks  shall  be  left 
visible  when  such  plates  are  worked  into  ])oilers,  with  the 
name  of  the  manufacturer,  the  place  where  manufactured, 
and  the  number  of  pounds  tensile  strain  it  will  bear  to 
the  sectional  square  inch;  and  the  inspectors  shall  keep  a 
record  in  their  office  of  the  stamps  upon  all  boiler-plates 
and  boilers  which  they  inspect, 
^^c^unterfeiting  Evcry  pcrsou  wlio  counterfeits,  or  causes  to  be  counter- 
^  iT^^'ws!?.  feited,  any  of  the  marks  or  stamps  prescribed  for  boiler- 
iron  or  steel  plates,  or  who  designedly  stamps,  or  causes 
to  be  stamped  falsely,  any  such  plates;  and  every  person 
who  stamps  or  marks,  or  causes  to  be  stamped  or  marked, 
any  such  iron  or  steel  plates  with  the  name  or  trade-mark 
of  another,  with  the  intent  to  mislead  or  deceive,  shall 
be  tined  two  thousand  dollars,  one-half  to  the  use  of  the 


stamping 
boiler  plaU'> 

a.  s.,  i<!,.n 


of 


STEAMBOAT-INSPECTION    SERVICE  127 

inforiiicr,  unci  nuiy.  in  tulditioii  thereto,  iit  the  discretion 
of  the  eourt,  l)e  inii)risoiH'd  not  exceedinij^  two  years. 

The  workinof  steam-pressure  allowal)le  on  boilers  con-  iTcssurc  of 
striu'ted  of  plates  inspected  as  required  bv  this  Title,  when  ^  j^.'s.^iss* 
sinjrlt^-i'ivoted,  shall  not  produce  a  strain  to  exceed  one- 
sixth  of  the  tensile  sti"eni,4h  of  the  iron  or  steel  plates  of 
which  such  boilers  are  constructed;  l)ut  where  tne  longi- 
tudinal lajjs  of  the  cylindrical  parts  of  such  boilers  are 
doul)le-riveted.  and  the  ri\et-holes  for  such  boilers  ha\'e 
been  fairly  drilled  instead  of  punched,  an  addition  of 
twenty  per  centum  to  the  workiny--pressure  provided  for 
sinjj^le-rivetinii-  may  l)e  allowed:  J'rorldal,  That  all  other 
parts  of  such  boilers  shall  correspond  in  streng-th  to  the 
additional  allowances  so  made:  and  no  split-calking-  shall 
in  any  case  be  permitted. 

No' externally  tired   ))oiler  having  its  shell  constructed „„""sJ,acJ''b!;^ 
of  iron  or  steel  plates  exceeding  an  avei-age  thickness  of '"^;^''^.  "J',*','^; 
thirty  on(>-hundredths  of  un   inch  shull    be  employed  on    yfb.'ks^ms. 
any  steam  vessel  navigating  the  Red  Kiver  of  the  North    ^~« -^■'«'- s^-) 
or  rivers  flowing  into  the  (iulf  of  ^lexico  or  their  tribu- 
taries: and  no  externally  tired   boiler  employed   on  any 
such  steam  vessel  shall  have  less  than  three  inches  space 
between  its  shell  and  any  of  its  internal  flues,  and  not 
less  than  three  inches   space   between    such   flues  when 
any  such  flues  are  more  than  five  inches  in  diameter:  and 
every  such  externally  tired  l)oiler  employed  on  any  such 
steam  vessel  shall  l)e  provided  with  a  manhole  in  the  lower 
part  of  the  front  head  thereof,  of  such  dimensions  as  may 
be  prescril)ed  by  the   Board  of  Supervising  InsjXH'tors,  in 
all  cases  where  the  distance  between  its  internal  flues  is 
less  than  three  inches. 

Externally  flred  boilers  having  shells  constructed  of 
iron  or  steel  plates  not  exceeding  an  average  thickness 
of  flfty  one-hundredths  of  an  inch  may,  in  the  discretion 
of  the  Secretary  of  Couuuerce  and  Labor,  be  authorized 
and  employed  on  steam  vessels  navigating  the  Atlantic  and 
Pacitic  oceans,  or  salt-water  bays  or  sounds,  or  the  Great 
Lakes,  or  any  of  them,  and  Avaters  flowing  to  and  from  the 
same,  or  any  of  them:  l*r<tvldi;d^  That  on  inspection  no 
plate  that  is  by  this  Act  limited  to  a  thickness  of  thirty 
one-hundredths  of  an  inch  and  no  plate  that  is  by  this  Act 
limited  to  a  thickness  of  flfty  one-hundredths  of  an  inch 
shall  be  rejected  for  use  if  found  to  exceed  those  dimen- 
sions, respectively,  if  the  average  thickness  thereof  does 
not  exceed  the  limits  thei-ein  specifled,  and  the  amount  of 
steam  pressure  that  will  l)e  permitted  to  be  carried  in 
boiU'rs  constructed  in  accordance  with  the  reipiirements 
of  this  Act  shall  ))e  determined  from  nunisurements  show- 
ing the  least  thickness  of  the  plates. 

The  feed-water  shall   l)e  delivered   into  the   t)oilers  in    Feet  ana  con- 

1  .  •       ,.  i  J-  ii  i    1    necting  pipes. 

bucti  manner  as  to  prevent  it  from  contracting  the  metal,    n.  ^.,  ass. 


128  STEAMBOAT-IlSrSPECTIOlSr    SEEVICE 

or  otherwise  injuring  tlie  boilers.  And  when  boilers  are 
so  arranged  on^  a  vessel  that  there  is  emplo3"ed  a  water- 
connecting  pipe  through  which  the  water  ma}'  pass  from 
one  boiler  to  another,  there  shall  also  be  provided  a  sim- 
ilar steam-conneotion,  having  an  area  of  opening  into  each 
boiler  of  at  least  one  square  inch  for  ever}'  two  square  feet 
of  effective  heating-surface  contained  in  any  one  of  the 
boilers  so  connected,  half  the  flue  and  all  other  tire  sur- 
faces being  computed  as  eti'ective.  Adequate  provision 
shall  be  made  on  all  steam  vessels  to  prevent  sparks  or 
flames  from  being  driven  back  from  the  fire-doors  into  the 
vessel. 
Safety-valves,  Evcrv  boilcr  shall  be  provided  with  a  good,  well-con- 
'r.  s.,i.A36.'  '  structed  safet^'-valve  or  valves,  of  such  number,  dimen- 
sions, and  arrangements  as  shall  be  ])rescribed  by  the 
board  of  supervising  inspectors,  and  shall  also  ])e  provided 
with  a  sutticient  number  of  gauge-cocks  and  a  reliable  low- 
water  indicator  that  will  give  alarm  when  the  water  falls 
below  its  prescribed  limits;  and  in  addition  thereto  there 
shall  be  inserted,  in  a  suitnble  manner,  in  the  flues,  crown- 
sheet,  or  other  parts  of  the  boiler  most  exposed  to  the  heat 
of  the  furnace  when  the  water  falls  below  its  prescribed 
limits,  a  plug  of  good  Banca  tin. 
obstruttiiiK  Every  person  who  intentionally  hmds  or  obstructs, 
etc.    ■  or  causes  to   be   loaded    or  obstructed,    m  any  way  or 

R.s.,i.u37.       manner,  the    safety-valve   of  a  boilei',  or   who  employs 
any  other  means  or    device  whereby  the  boiler  may   be 
subjected  to  a  greater  pressure  than  the  amount  allowed 
by  the  certificate  of  the  inspectors,  or  who  intentionally 
deranges  or  hinders  the  operation  of  any  machinery  or 
device   employed   to   denote   the   state  of   the  water  or 
steam  in  any  boiler,  or  to  give  warning  of  approaching 
danger,   or  who  intentionally  permits  the  water  to  fall 
below   the  prescribed  low-water  line  of  the  boiler,  and 
every  person  concerned  therein,   directly  or  indiiectly, 
shall  be  guilty  of  a  misdemeanor,  and  shall  be  fined  two 
hundred  dollars,  and  jnay  also  l)e  imprisoned  not  exceed- 
ing five  years. 
Licenses  of      The  hoards  of  local  inspectors  shall  license  and  classify 
sectors.  "^"^  '""the    masters,   chief   mates,   and  second  and  third  mates, 
Dcc"'>'i'*l%s     ^^   ^'^   charge   of   a   watch,  engineers,  and   pilots   of  all 
(so'iiiat.,  reC)   steam  vessels,   and  the  masters  and  chief  mates  of  sail 
*<^<'-  ^-  vessels  of  over  seven  hundred  tons  and  all  other  vessels 

and  barges   of  over  one  hundred  tons  burden  carrying 
passengers  for  hire. 

It  shall  be  unlawful  to  employ  any  person,  or  for  any 
person  to  serve,  as  a  master,  chief  mate,  engineer,  or  pilot 
of  any  steamer,  or  as  master  or  chief  mate  of  any  sail  ves- 
sel of  over  seven  hundred  tons  who  is  not  licensed  })y  the 
inspectors;  and  anyone  violating  this  section  shall  be  liable 
to  a  penalty  of  one  hundred  dollars  for  each  offense. 


STEAMBOAT-INSPECTION    SERVICE  129 

Wlirnever    jiny     person     upplios     to    bo    licensed    ;xs  ,^^?jj<=*-'''se  of  cap- 
master  of  any  steam  vessel,  or  of  a  sail   vessel  of  over    v^.s., /,/,.%. 
seven   luiiulred  tons,  the  inspectors  shall    make  dilig-ent    iso'sui.'Mt) 
itKiniry  as  to  his  character,  and  .shall  carefully  examine    •*<^-^- 
the  applicant  as  well  as  the  proofs  which  he  presents  in 
supi)ort  of  his  claim,  and  if   they  are  satisfied  that  his 
aipacity.  experience,  hahits  of  life,  and  character  arc  such 
as  wari'ant  the  lielief  that  he  can  safely  he  enti'ustinl  with 
the  duties  and  responsihiliti(>s  of  the  station  for  which  he 
makes  application,  they  shall  ^irant  him  a  license  authoriz- 
ing^ him  to  dischar(j;-e  such  duties  on  anv  such  vessel  for 
the  term  of  five  years;  hut  such  license  shall  be  suspended 
or  revoked  upon  satisfactory  i)roof  of  bad  conduct,  intem- 
perate hal)its,  incapacity,  inattention  to  his  duties,  or  the 
willfnl  violation  of  any  provision  of  this  title  applicable 
to  him. 

Whenever  any  person  api)lies  for  authority  to  Ik;  Licenseofchief 
employed  as  chief  mate  of  ocean  or  coastwise  steam  n.  k. /.ao. 
ves.sels  or  of  sail  \essels  of  over  seven  hundred  tons,  or  as  f^o^is^i/.frei) 
second  or  third  mate  of  ocean  or  coastwise  steam  vessels,  ^<^-^- 
who  shall  have  charge  of  a  watch,  or  whenever  any  per.son 
applies  for  authority  to  be  employed  as  mate  of  river 
steamers,  the  inspectors  shall  recpiire  satisfactory  evidence 
of  the  knowledge,  experience,  and  skill  of  the  applicant  in 
lading  cargo  and  in  handling  and  stowage  of  freight,  and 
if  for  license  as  chief  mate  on  ocean  or  coastwise  steamers, 
or  of  sail  vessels  of  over  seven  hundred  tons,  or  as  second 
or  thiid  mate  of  ocean  or  coastwise  steamers,  who  shall 
have  charge  of  a  watch,  shall  also  examine  him  as  to  his 
knowledge  and  ability  in  navigation  and  managing  such 
ve.s.sels  and  all  other  duties  pertaining  to  his  station,  and 
if  .satisfied  of  his  qualifications  and  good  character  they 
shall  grant  him  a  license  authorizing  him  to  perform  such 
duties  for  the  term  of  five  years  upon  the  waters  upon 
which  he  is  found  qualified  to  act;  but  such  license  shall 
be  suspended  or  revoked  ui)()n  satisfactory  proof  of  bad 
conduct,  intemperate  habits,  unskillfulness.  or  want  of 
knowledge  of  duties  of  his  station  or  the  willful  violation 
of  any  provision  of  this  title. 

Whenever  any  person  applies  for  authority  to  perform    License  of  en- 
the  duties  of  engineer  of  any  steam-vessel,  the  inspectors  ^^J^'^^^'^^^j 
shall  examiiic  the  applicant  as  to  his  knowledge  of  steam 
machinery,  and  his  experience  as  an  engineer,  and  also 
the   j)i'(><jfs  which  he  produces  in  support  of  his  claim; 
and  if.  upon  full  consideration,  they  are  satisfied  that  his 
character,  habits  of  life,  knowledge,  and  experience  in  the 
duties  of  an  engineer  are  all  such  as  to  authorize  the  belief 
that  he  is  a  suitable  and  .safe  person  to  be  intrusted  with 
the  powers  and  duties  of  such  a  static)n,  tliey  shall  gi'ant 
him  a  license,  authorizing  him  to  be  employed  in  such 
duties  for  the  term  of  five  years,  in  which  they  shall  assign    \29^s^ai.!m'.) 
27628—04 9 


13Q  STEAMBOAT-INSPECTION   SEKVICE 

him  to  the  appropriate  class  of  engineers;  but  such  license 
shall  be  suspended  or  revoked  upon  satisfactory  proof  of 
negligence,  unskillfulness,  intemperance,  or  the  willful 
violation  of  any  provision  of  this  Title.  Whenever  com- 
plaint is  made  against  any  engineer  holding  a  license  au- 
thorizing him  to  take  charge  of  the  boilers  and  machinery 
of  any  steamer,  that  he  has,  through  negligence  or  want  of 
skill,  permitted  the  boilers  in  his  charge  to  burn  or  other- 
wise become  in  l)ad  condition,  or  that  he  has  not  kept  his 
engine  and  machinery  in  good  working  order,  it  shall  be 
the  duty  of  the  inspectors,  upon  satisfactory  proof  of  such 
negligence  or  want  of  skill,  to  revoke  the  license  of  such 
engineer  and  assign  him  to  a  lower  grade  or  class  of  engi- 
neers, if  the}^  find  him  fitted  therefor. 
^^License  of  ri-      Whenever  any  person  claiming  to  be  a  skillful  pilot  of 

ii.s.jM^.  steam-vessels  offers  himself  for  a  license,  the  inspectors 
shall  make  diligent  inquiry  as  to  his  character  and  merits, 
and  if  satisfied,  from  personal  examination  of  the  appli- 
cant, with  the  proof  that  he  offers  that  he  possesses  the 
requisite  knowledge  and  skill,  and  is  trustworthy  and 
faithful,  they  shall  grant  him  a  license  for  the  term  of 
five  years  to  i)ilot  any  such  vessel  within  the  limits  pre- 
scribed in  the  license;  but  such  license  shall  be  suspended 
or  revoked  upon  satisfactory  evidence  of  negligence, 
unskillfulness,  inattention  to  the  duties  of  his  station,  or 
intemperance,  or  the  willful  violation  of  any  provision  of 
this  Title. 
tain*^or^mate'\'i's  Where  the  uiastcr  or  mate  is  also  pilot  of  the  vessel,  he 
pilot.  shall  not  be  required  to  hold  two  licenses  to  perform  such 

duties,  but  the  license  issued  shall  state  on  its  face  that  he 
is  authorized  to  act  in  such  double  capacity. 

state  reguia-  No  State  or  uuinicipal  government  shall  impose  upon 
^^R.\flilu.'  pilots  of  steam-vessels  any  obligation  to  procure  a  State 
or  other  license  in  addition  to  that  issued  by  the  United 
States,  or  any  other  regulation  which  will  impede  such 
pilots  in  the  performance  of  the  duties  recpiired  by  this 
Title;  nor  shall  any  pilot-charges  be  levied  by  any  such 
authority  upon  any  steamer  piloted  as  provided  by  this 
Title;  and  in  no  case  shall  the  fees  charged  for  the  pilot- 
age of  any  steam-vessel  exceed  the  customary  or  legally 
estal)lishcd  rates  in  the  State  where  the  same  is  per- 
formed. Nothing  in  this  Title  shall  be  construed  to 
annul  or  affect  any  regulation  established  by  the  laws  of 
any  State,  requiring  vessels  entering  or  leaving  a  port  in 
any  such  State,  other  than  coastwise  steam-vessels,  to  take 
a  pilot  duly  licensed  or  authorized  by  the  laws  of  such 
State,  or  of  a  State  situate  upon  the  waters  of  such  State. 

Oath   of  li-     Every  master,  chief    mate,  engineer,  and    pilot,  who 

R.s.,hU5.^'  receives  a  license,  shall,  before  entering  upon  his  duties, 
make  oath  before  one  of  the  inspectors  herein  provided 
for,  to  be  recorded  with  the  certiHcate,  that  he  will  faith- 
fully and  honestly,  according  to  his  best  skill  and  judg- 


STEAMBOAT-INSrECTION   SEKVICE  131 

iiiont.  without  conooaliiuMit  or  rosorviitioii.   jx'rt'onn    all 
the  duties  iV(|uir(Hl  of  liiui  b}'  law. 

Every  a|)]ilic-;nit  for  Mchmisc  as  either  master,  mate,  pilot,    .Vdc ;?,?,  1900. 
or  eiiiiineer  under  the  provisions  of  this  title  shall  make    ^^^ •"''"'••  ^f*) 
and  subscribe  to  an  oath  or  atHrmation,  before  one  of  the 
inspectors  referred  to  in  this  title,  to  the  truth  of  all  the 
stateincMits  set  forth  in  his  ap])Iicatiou  for  such  license. 

Any  person  who  shall  make  or  subsci'il)e  to  any  oath  or    Fnisioiith. 
allirmation  autiiori/.e(l  in  this  title  and  knowino"  the  same 
to  be  fals(>  shall  Ik^  deemed  guilty  of  ])ei'jury. 

Every  lii-ensed  master,  mate,  pilot,  or  engineer  wlio  shall ,,  *'"'"«'"!<  ij- 
chanye,  by  addition,  interpolation,  or  erasure  of  any  kind, 
any  certiticate  or  license  issued  by  any  inspector  or  inspect- 
ors referred  to  in  this  title  shall,  for  every  such  offense, 
upon  conviction,  be  punished  ])y  a  tine  of  not  more  than 
five  hundred  dollars  or  l)y  imprisonment  at  hard  labor  for 
a  term  not  exceeding'  three  years. 

Every  master,  uiat(\  enoineer.  and  pilot  Avho  shall  Licenses  to  be 
receive  a  license  shall,  when  employed  upon  any  vessel,  p"^'*;^- ^^^,^. 
l)lace  his  certiticate  of  license,  which  shall  be  framed  under 
glass,  in  some  conspicuous  place  in  such  vessel,  where  it 
can  be  seen  by  passengers  and  others  at  all  times;  and  for 
every  neglect  to  comply  with  this  provision  by  any  such 
master,  mate,  engineer,  or  pilot,  he  shall  be  su})ject  to  a 
line  of  one  hundred  dollars,  or  to  the  revocation  of  his 
license. 

When  any  licensed  officer  is  employed  on  a  steamer  in  a    lunewui  of  of- 
district  distant  from  any  local  board  of  inspectors,  such'''^^'''|.''^f;^7^*^- 
inspectors,  or  the  supervising  inspector  of  the  district, 
may  gi-ant  a  renewal  of  his  license,  without  such  licensed 
officer  being  personally  present,  under  such  regulations  as 
the  board  of  supervising  inspectors  shall  prescribe. 

All  officers  licensed  under  the  provisions  of  this  Title    Licensed   om- 
shall  assist  the  inspectors  in  their  examination  of  any  ves- spe^.to^s^^^^iT ex- 
sel  to  which  such  licensed  officers  l)elong,  and  shall  point '^"'"^t^'o)'^ 
out  all  defects  and  imperfections,  known  to  them  in  the 
hull,  equipments,  ])oilers,  or  machiner}'  of  such  vessel, 
and  also  shall  make  known  to  the  inspectors,  at  the  earliest 
opportunity ,  all  accidents  or  occurrences  producing  serious 
injury  to  the  vessel,  her  boilers,  or  machinery;  and  in  de- 
fault thereof  the  license  of  any  such  officer  so  neglecting 
or  refusing  shall  ])e  revoked. 

If  any  licensed  officer  shall,  to  the  hindrance  of  com-    Revocation  of 
merce.  wrongfully  or  unreasonably  refuse  to  serve  in  his  "o^'^7e'f„j,|,\'J"to 
official  capacity  on  any  steamer,  as  authorized  ))y  the  terms  *erve. 
of  his  certificate  of  license,  or  shall  fail  to  deliver  to  the      •  ••    "  ■ 
a])plicant  for  such  service  at  the  time  of  such  refusal,  if 
the  same  shall  be  demanded,  a  statement  in  writing  as- 
signing good  and  sufficient  reasoiLs   thiMefor,   or  if  any 
pilot  or  engineer  shall  refuse  to  admit  into  the  pilot-house 
or  engine-room  any  person  whom  th(^  master  or  owner  of 
the  vessel  may  desire  to  place  there  for  the  purpose  of 


132  STEAMBOAT-INSPECTION   SERVICE 

learning-  the  profession,  his  license  shall  be  revoked,  upon 
the  same  proceed ino-s  as  are  provided  in  other  cases  of 
revocation  of  such  licenses. 
o/ccTnduffof  o"     The  local  boards  of  inspectors  shall  investigate  all  acts 
fleers  of   incompetency   or   misconduct   committed    l)y   any  li- 

censed officer  while  acting  under  the  authority  of  his 
license,  and  shall  have  power  to  summon  before  them  any 
witnesses  within  their  respective  districts,  and  compel  their 
attendance  by  a  similar  process  as  in  the  United  States 
circuit  or  district  courts;  and  they  may  administer  all 
necessary  oaths  to  any  witnesses  thus  summoned  before 
them;  and  after  reasonal)le  notice  in  writing,  gi\'en  to  the 
alleged  delinquent,  of  the  time  and  place  of  such  investi- 
gation, such  witnesses  shall  be  examined,  under  oath, 
touching  the  performance  of  his  duties  b}'  any  such 
licensed  officer;  and  if  the  ))oard  shall  bo  satistied  that 
such  licensed  officer  is  incompetent,  or  has  been  guilty  of 
misbehavior,  neglig-ence,  or  unskillf  ulness,  or  has  endan- 
gered life,  or  willfully  violated  any  provision  of  this  Title, 
they^  shall  immediately  suspend  or  revoke  his  license. 
(See  sec.  2,  p.  140,  act  of  May  28,  ISOO.) 
maSf  "*and  ",  ^  The  cliicf  officcr  of  the  customs  for  the  district  shall 
wUnesses  pay   [from  any  money  in   the  Treasur}^  not   otherwise 

■ '  ■' "  '  a})propriated]  such  fees  to  the  United  States  marshal 
for  his  services,  and  to  anj'  witness,  so  summoned,  for 
his  actual  travel  and  attendance,  as  shall  be  officially 
certified  to  by  any  inspector  hearing  the  case,  upon  the 
back  of  such  summons,  not  exceeding  the  rate  allowed  for 
fees  and  to  witnesses  for  travel  and  attendance  in  any 
circuit  or  district  courts  of  the  United  States. 
peVvT^/ng*  Tn-  Whenever  any  board  of  local  inspectors  refuses  to  grant 
^^E^s^'us'^  a  license  to  any  person  ap'pl3nng  for  the  same,  or  sus- 
pends or  revokes  the  license  of  anv  master,  mate,  engi- 
neer, or  pilot,  any  person  deeming  himself  wronged  hj 
such  refusal,  suspension,  or  revocation,  may,  within  thirty 
days  thereof,  on  application  to  the  supervising  inspector 
of  the  district,  have  his  case  examined  anew  by  such 
supervising  inspector;  and  the  local  board  shall  fur- 
nish to  the  supervising  inspector,  in  writing,  the  reasons 
for  its  doings  in  the  premises;  and  such  supervising  in- 
spector shall  examine  the  case  anew,  and  he  shall  have 
the  same  powers  to  summon  witnesses  and  compel  their 
attendance,  and  to  administer  oaths,  that  are  conferred  on 
local  inspectors;  and  such  witnesses  and  the  marshal  shall 
be  paid  in  the  same  manner  as  provided  for  by  the  preced- 
ing section;  and  such  supervising  inspector  may  revoke, 
change,  or  modify  the  decision  of  such  local  board;  and  like 
proceedings  may  1)0  had  by  any  master  or  owner  of  an}^ 
steam-vessel  in  ndation  to  the  inspection  of  such  vessel,  or 
her  boilers  or  machinery,  by  aii}^  such  local  board;  and  in 

«  Sections  829  and  848,  R.  S.,  relate  to  marshal  and  witness  fees. 
&  As  amended  by  act  June  19,  1886,  and  act  of  Ai)ril  4,  18S8.     (See 
page  145. ) 


STEAMBOAT-INSPECTION    SEKVICE  133 

caso  of  repairs,  aiul  in  any  invosti.<>iition  or  inspection, 
wluMi^  there  shall  l»e  a  disaureenient  l»i>t\veen  the  local  in- 
s])eet()rs.  the  super\  isino-  inspector,  when  so  re([ueste(l, 
shall  investigate  and  decide  the  case. 

In  addition  to  the  animal  insi)ection,  the  local  insiiectors    uoinspeetion 

,,,  •  ,  .•  ,  ••  1  ami  iioticf  f(irri'- 

shall  examine,    at  ])rop(>r  tnnes.    st(>anu'rs   arrnmo-   andj.aiis. 

departing"  to  and  from  theii-  rcvspective  ports,  so  often  as    J"'- ■^■^ '^■''^^■ 

to  enable  them  to  detect  any  neulect  to  comply  with  the 

reqnircnients  of  law,  and   also  any  defects  or  imperfec-  _ 

tions   hecomino-  a])])arent  after  the  inspection  aforesaid, 

and  tendinii"  to  riMuler  the  n;ivi,iiation  of  the  vessels  nnsafe; 

and  if  they  shall   disco\-er  any  omission   to  comply  with 

the  law,  or  that  repairs  have  become  necessary  to  make 

the   vessel  safe,    the    inspector   shall  at   once  notify   the 

master,  in  writin<«\  statinu"  in  the  notice  what  is  recpiired: 

and  if  the  master  deems  the  reciuirements  unreasonable  or 

unnecessary,  he  may  apply  for  a  reexamination  of  the  case 

to  the  supervisino-  inspector,  as  provided  in  the  preced- 

iny-  section.     All  inspections  and  orders  for  repairs  shall 

I»e  promptly  made  l)y  the  inspectors,  and,  when  it  can  lie 

safely  done  in  their  judgment,  they  shall  permit  repairs  to 

be  made  where  those  interested   can   most  conveuientlv 

do  them. 

If  any  master  or  owner  of  any  steamer  shall  refuse  or  Failure  to  make 
neglect  to  comply  "svith  the  requirements  of  the  local  in-  k.s.]ij,5!,. 
spectors,  made  in  pursuance  of  the  preceding-  section, and 
shall,  contrary  thereto  and  while  the  same  remains  unre- 
versed by  the  supervising  inspector,  employ  the  vessel  by 
navigating  her,  the  master  and  owner  shall  be  liable  to  a 
penalty  of  five  hundred  dollars  for  each  otJ'ense,  one-half 
for  the  use  of  the  informer;  for  which  sum  the  vessel 
itself  shall  be  liable,  and  may  be  seized  and  proceeded 
against  by  libel  in  any  district  court  having-  jurisdiction; 
and  the  master  and  owner,  and  the  vessel  itself,  shall,  in 
addition  thereto,  be  liable  for  any  damage  to  passengers 
and  their  baggage  which  shall  occur  from  any  defects  as 
stated  in  the  notice  prescribed  by  the  preceding  section." 

Th(^  inspectors  of  one  district  shall  not  modify  or  annul  ^pf^^^r's  official 
the  doings  of  the  inspectors  of  another  district  in  regard  aej;  ^ 
to  repairs,  unless  there  is  a  change  in  the  state  of  things, 
demanding  more  repairs  than  were  thought  necessary 
when  the  order  was  made.  Nor  shall  the  inspectors  of 
one  district  license  a  person  coming  from  another  district, 
if  snch  person  has  been  rejected  for  unfitness  or  want  of 
qualitications. 

The  local  boards  of  inspectors,  when  so  requested  in    inspooti( 
writing  bv  any  master  of    |orJ   owner,  shall,   under  the  ins  inspictors. 
direction  of  the  supervising  inspector,   inspect  steamers    -'^'- ■^•' ''''^•'"'• 
in  other  collection-districts  where  no  such  board  is  estab- 
lished; and  if  a  certificate^  of  approval  is  not  granted,  no 
other  inspection  shall  be  made  b}'  the  same  or  any  other 

«  See  section  5344,  page  144. 


ions  in 
)t  hav- 


184  STEAMBOAT-INSPECTION   SERVICE 

board  until  the  objections  made  by  such  local  board  and 
unreversed  l)y  the  supcrvisino-  inspector  of  the  district,  are 
removed.  Nothino-  in  this  section  shall  impair  the  right 
of  the  inspectors  to  permit  such  vessel  to  go  to  another 
port  for  repairs,  if  in  their  opinion  it  can  bo  done  with 
safety. 
Recordsandre-     The  local  inspectors  shall  keep  a  record  of  certiticates 

spMtors.'"''*'"^  "f  inspection  of  vessels,  their  boilers,  engines,  and  ma- 
il'. >.,/,i5r.  chinery,  and  of  all  their  acts  in  their  examination  and 
inspection  of  steamers,  whether  of  appi'oval  or  disap- 
proval; and  when  a  certificate  of  approval  is  recorded,  the 
original  shall  be  delivered  to  the  collector  or  other  chief 
officer  of  the  customs  of  the  district.  They  shall  also  keep 
a  like  record  of  certiticates  authorizing  gunpowder  to  be 
carried  as  freight  by  any  steamer  carrying  passengers, 
and  of  all  licenses  granted  to  masters,  mates,  pilots,  and 
engineers,  and  of  all  refusals  of  the  same,  of  all  suspen- 
sions and  revocations  of  license,  of  all  refusals,  suspensions, 
or  revocations  of  which  they  shall  receive  notices  from 
other  districts;  and  shall  report  to  the  supervising  in- 
spector of  their  respective  districts,  in  writing,  their 
decisions  in  cases  of  refusal  of  licenses,  or  of  the  suspen- 
sion or  revocation  thereof,  and  all  testimony  received  by 
them  in  such  proceedings.  They  shall  also  report  promptl}" 
to  such  supervising  inspector  all  violations  of  the  steam- 
boat-laws that  come  to  their  knowledge.  They  shall  also 
keep  an  accurate  account  of  every  steamer  boarded  by  them 
during  the  3'ear,  and  of  all  their  official  acts  and  doings, 
which,  in  the  form  of  a  report,  they  shall  communicate  to 
the  supervising  inspector  of  the  district,  at  such  times  as 
the  board  of  supervising  inspectors,  by  their  established 
rules,  shall  direct. 
Bonds  of  in-     Evcry  supervising  and   local   inspector  of   steamboats 

^^M^s^%/,59  s^hall  execute  a  proper  bond,  to  be  approved  ))y  the  Secre- 
tary of  Commerce  and  Labor,  in  such  form  and  upon  such 
conditions  as  the  Secretar^^  may  prescribe,  for  the  faith- 
ful performance  of  the  duties  of  his  office,  and  the  payment 
in  the  manner  provided  by  law  of  all  moneys  that  may  be 
received  l)y  him. 
Instruments,      The  Secretary  of  Commerce  and  Labor  shall  procure 

"i'ng^,'eu\,?oV''iocai  f ^    tlic  scvcral  Supervising  inspectors  and  local  boards  of 

ijo^rd^'^- '  inspectors  such  instruments,  stationer}^  printing,  and  other 

things  necessary  for  the  use  of  their  respective  offices  as 
may  be  required  therefor. 
Payment     o  f      The  salaHcs  of  the  supervising  inspector-general,  of  all 

pe'ns"a.^  *^"*^'  '^^'  Supervising  inspectors,  local  inspectors,  assistant  inspect- 
jiinew'^mc    ^^'^-i  ^"*^  clerks,  provided  for  by  this  Title,  together  with 
{21,  Slat., 7!).)     their  traveling  and  other  expenses  when  on  official  duty, 
fiskiat^m.)     'ii^c^  fill  instruments,  books,  blanks,  stationery,  furniture, 
and  other  things  necessary  to  carry  into  etiect  the  pro- 
visions of  this  Title,  shall  be  paid  for,  under  the  direction 
of  the   Secretar}'  of  Conmierce  and   Lalior,  [from  any 
money  in  the  Treasury  not  otherwise  appropriated]. 


STEAMBOAT- INSPECTION    SERVICE  185 

Tlio  Soerotaiy  of  Coinnunve  and  Labor  shall  make  such    i^^"''/!);'""' 
ro*»'iilatioiis  as  iiiav  1)0  nocossarv  to  secure  the  proper  exe- 
cution of  this  Title. 

No  steamer  carrying-  passeno-ers  shall  depart  from  fi^y  ,,^[.\lj'''\'[^j,,^'^yj,{l 
port  uidess  sIk^  shall  ha\  e  in  her  service  a  full  complement Ki'-^tV^'^niers. 

of  licensed  oHii-ei's  and  full  crew,  sulHcient  at  all  times  to     ' "" 

nianan'c  the  vessel,  includino-  the  proper  number  of  watch- 
men. But  if  any  such  vessel,  on  her  voyao-e,  is  deprivo^d 
of  the  services  of  any  licensed  otKcer,  without  tiie  consent, 
fault,  or  collusion  of  the  master,  owner,  or  any  person 
interested  in  the  vessel,  the  deticiency  nuxy  be  temporarily 
■>upi)lied.  until  others  licensed  can  be  obtained. 

The  inspectors  shall  state  in  every  certificati^  of  i»''^ppc-^^^^j;™^'^''^'/,''jj;"|^^: 
tion  liranted  to  steamers  carryiuo- passengers,  other  than 'ii)i['- , 
ferry-ltoats,  the  number  of  passeno-ers  of  each  class  that     '••'""• 
any  such  steamer  has  accommodations  for,  and  can  carry 
with  ])rudence  and  safety. 

It  shall  not  be  lawful  to  take  on  board  of  any  steamer  a    I'cnaUy  for 

1  1'  ii  •        j^    i     1   •      j^i  .  .    (•  ar  r  y  1  u  g  too 

g^reater  number  or  passengers  than  is  stated  in  the  certin- great  a  number 
cate  of  inspection;  and  for  every  violation  of  this  provision  "^ JP^'^s.^'yio^^' 
the  master  or  owner  shall  be  liable,  to  any  person  suing  for 
the  same,  to  forfeit  the  amount  of  passage-money  and  ten 
dollars  for  each  passenger  bevond  the  number  allowed. 

If   anv  passenger-steamer   engages   lu  excursions,   the ,  ^I'^'f'^^i  i>"iiit 

*      1  ,      ,,     .'^  1  •    1  •  1.     •      for  excursions. 

nisjMH'tors  shall  issue  to  such  steamer  a  special  permit,  m  n.  s.,  !,',im. 
writing,  for  the  occasion,  in  which  shall  be  stated  the 
additional  number  of  passengers  that  may  be  carried,  and 
the  number  and  kind  of  life-saving  appliances  that  shall 
be  provided  for  the  safety  of  such  additional  passengers; 
and  they  shall  also. in  their  discretion,  limit  the  route  and 
distance  for  such  excursions.' 

The  master  of  every  passenger-steamer  shall  keep  a  g^^^**^  "^^  p*®*'^°' 
correct  list  of  all  the  passengers  received  and  delivered  i. .v., we;, 
from  day  to  day,  noting  the  places  where  received  and 
where  landed,  which  record  shaN.  lie  open  to  the  inspec- 
tion of  the  inspectors  and  otHcers  of  the  customs  at  all 
times;  and  the  aggregate  number  of  passengers  shall  be 
furnished  to  inspectors  as  often  as  called  for;  but  on 
routes  not  exceeding  one  hundred  miles,  the  number  of 
passengers,  if  kept,  shall  lie  sufficient. 

P^very  master  of  any  passenger-steamer  wdio  fails,  through  f.^n,'^r,V\\|  \eep 
negligence  or  design,  to  keep  a  list  of  passengers,  as  re- i>'>^senger  list, 
(juired  ])y  the  preceding  section,  shall  be  liable  to  a  penalty 
of  one  hundred  dollars. 

The  penalties  imposed  by  sections  forty-four  hundred  and  ,J,^,^'^/jj*J'^''^'  °^ 
sixty-tive  and  forty-four  hundred  and  sixty-eight  shall  be  'V  n.,  'i,'m. 
a  lien  upon  the  vessel  in  each  case;  but  a  bond  may,  as 
provided  in  other  cases,  be  given  to  secure  the  satisfaction 
of  the  judgment. 

E\ery  steamer  carrying  pass(Migers  or  freight  shall  lH\igai''4t't'ire!'°"^ 
provided  with  suitable  pip(^s  and  valves  attached  to  the    K.s.,i.i.7b. 
boiler,  to  convey  steam  into  the  hold  and  the  ditlerent  com- 
partments thereof,  to  extinguisli  tii'(>;  and  every  stove  used 
on  board  of  any  such  vessel  shall  be  well  and  securely 


136  STEAMBOAT-INSPECTION.  SERVICE 

fastened,  so  as  to  prevent  it  tj'om  lieinc^  moved  or  over- 
thrown, and  all  wood-work  or  other  ionital)h^.  substances 
about  the  boilers,  chimneys,  cook-houses,  and  stovepipes 
exposed  to  igiution,  shall  be  thoroughly  shielded  by  some 
inconibusti]>le  material,  in  such  a  manner  as  to  leave  the 
air  to  circulate  freely  between  such  material  and  wood- 
work or  other  i^nitable  su])stance;  and  before  granting-  a 
ccrtilicate  of  inspection,  the  inspector  shall  require  all 
other  necessar^^  provisions  to  be  made  throughout  such 
vessel  to  g'uard  against  loss  or  danger  from  tire. 
Fire  pumps  ICvcry  stcamcr  permitted  by  her  certificate  of  inspec- 
"^"jj  |i°7;„j  tion  to  carry  as  many  as  fifty  passengers,  or  upward,  and 
every  steamer  carrying  passengers,  which  also  carries  cot- 
ton, hay,  or  hemp,  shall  be  provided  with  a  good  double- 
acting-  steam  fire-pump,  or  other  equivalent  apparatus  for 
throwing  water.  Such  piuiip  or  other  apparatus  for  throw- 
ing- water  shall  be  kept  at  all  times  and  at  all  seasons  of 
the  3^ear  in  good  order  and  ready  for  immediate  use,  hav- 
ing at  least  two  pipes  of  suita])le  dimensions,  one  on  each 
side  of  the  vessel,  to  conve}^  the  water  to  the  upper  decks, 
to  which  pipes  there  shall  be  attached,  by  means  of  stop- 
cocks or  valves,  both  betw^een  decks  and  on  the  upper 
deck,  good  and  suitable  hose  of  sufficient  strength  to  sttmd 
a  pressure  of  not  less  than  one  hundred  pounds  to  the 
square  inch,  long  enough  to  reach  to  all  parts  of  the  vessel 
and  properly  provided  w  ith  nozzles,  and  kept  in  g'ood  or- 
der and  ready  for  immediate  service.  Every  steamer  ex- 
ceeding- two  hundred  tons  burden  and  carrying- passengers 
shall  be  provided  with  two  good  double-acting  fire-pumps, 
to  be  worked  )>y  hand ;  each  chamber  of  such  pumps,  except 
pumps  upon  steamers  in  service  on  the  twenty-eighth  day 
of  February,  eighteen  hundred  and  seventj^-one,  shall  be 
of  sufficient  capacity  to  contain  not  less  than  one  hundred 
cul)ic  inches  of  water;  and  such  pumps  shall  be  placed  in 
the  most  suitable  parts  of  the  vessel  for  efficient  service, 
having  suital)le  w^ell-fitted  hose  to  each  pump,  of  at  least 
one-half  the  vessel  in  length,  kept  at  all  times  in  perfect 
order,  and  shipped  up  and  ready  for  inimediate  use.  On 
every  steamer  not  exceeding  two  hundred  tons,  one  of  such 
pumps  may  be  dispensT^d  with.  Each  fire-pump  thus  pre- 
scribed shall  be  supplied  wMth  water  by  means  of  a  suitable 
pipe  connected  therewith,  and  passing  through  the  side  of 
the  vessel  so  low  as  to  be  at  all  times  under  water  when 
she  is  afloat;  and  no  fire  pump  thus  provided  for  shall  be 
placed  ])elow  the  lower  deck  of  the  vessel.  Every  steamer 
shall  also  be  provided  with  a  pump  which  shall  be  of  suffi- 
cient strength  and  suitably  arranged  to  test  the  boilers 
thereof. 
tiJies"^norto 'be  "^^^  loosc  lia}^,  loose  cottou,  or  loosc  hemp,  camphene, 
farrit'd  on  pas  iiitro-glycerine,  naphtha,  benzine,  benzole,  coal-oil,  crude 
^^^k.^J^mtT'^^^'  or   refined   petroleum,  or   other   like   explosive  burning 

«See  sections  4278-4280  and  5353-5355,  pages  143, 144, 145. 


STEAMBOAT-INSPECTION   SERVICE  137 

Muids,  or  likt>  daiij^'erous  articlos,  shall  be  carried  as  irei<ilit 
or  used  sis  stores  on  any  steamer  carrying-  ])assen«>ers; 
nor  shall  haled  cotton  or  hemp  be  carried  on  such  steamers 
iiidess  the  l)ales  are  compactly  pressed  and  thoroiiohly 
covered  with  l)a<i\i>'ino-  of  similar  fai)ric,  and  secured  with 
oood  I'ope  or  iron  l)ands;  noi'  shall  ounpowdcr  j)e  carried 
on  any  such  vessel,  except  under  s|)(>cial  license;  nor  shall 
oil  of  vitriol,  nitric  or  other  chemical  acids  be  carried 
on  such  steamers  except  on  the  decks  or  *>uards  thereof, 
or  in  such  other  safe  part  of  the  vessel  as  shall  be 
prescribed  by  the  inspectors.  Ketined  petroleum,  which 
will  not  io-nite  at  a  temperature  less  than  one  hundred  and 
ten  de^irees  of  Fahrenheit  thermometer,  may  be  carried  on 
board  such  stt^amers  upon  routes  Avhei'e  there  is  no  other 
practicabl(>  mode  of  transportino'  it,  and  under  such  regu- 
lations as  shall  be  i)rescribed  by  thc^  board  of  supei'visini^ 
inspectors  with  the  approval  of  the  Secretary  of  ( 'ouuneice 
and  I^abor;  and  oil  or  spirits  of  turpeiitine  may  becari'i(^d 
on  such  steamers  when  put  up  in  good  metallic  vessels,  or 
casks  or  barrels  well  and  securely  bound  with  iron  j.nd 
stowed  in  a  secure  part  of  the  vessel;  and  friction-matches 
may  be  carried  on  such  steamers  when  securely  packed  in 
strong'  tight  chests  or  boxes,  the  covers  of  which  shall  be 
well  secured  by  locks,  screws,  or  other  reliable  fastenings, 
and  stowed  in  a  safe  part  of  the  vessel  at  a  secure  distance 
from  any  hre  or  heat.  All  such  other  provisions  shall  be 
made  on  every  steamer  carrying  passengers  or  freight,  to 
guard  against  and  extinguish  tire,  as  shall  l)e  prescribed 
by  the  board  of  supervising  inspectors,  and  approved  b\' 
the  SiH-retarv  of  Conmierce  and  Lal)or. 

Nothing    in   the   foreg-oing    or    following    sections  of ,  Automobiles, 

,1  .  .111  1  M  -i  J.1       i.  i.    i.'  1  i  1     transportation 

this  act  shall  prohibit  the  transportation  by  steam  vessels  of. 
of  gasoline  or  any  of  the  products  of  petroleum  when  car-  fsi'sM.^fyli.) 
ried  l)y  motor  vehicles  (commonly  known  as  automobiles) 
using  the  same  as  a  source  of  motive  power:  Pror'ided., 
Jiinrm i\  That  all  tire,  if  any,  in  such  vehicles  or  automo- 
biles ])e  extinguished  before  entering  the  said  vessel,  and 
that  the  same  be  not  relighted  until  after  said  vehicle  shall 
have  left  the  same:  Provided  furtJie7\  That  any  owner, 
master,  agent,  or  other  person  having  charge  of  passenger 
steam  vessels  shall  have  the  right  to  refuse  to  transport 
automobile  vehicles  the  tanks  of  Avhich  contain  gasoline, 
naphtha,  or  other  dangerous  ])urning  fluids.  , 

Every  bale  of  cotton  or  hemp  that  shall  be  shipped  or  Penalty fomn- 
carried  on  any  passenger-steamer,  without  conforming  to|^,^^^",!l-^,t,,'i,"yr 
the  provisions  of  the  preceding  section,  shall  be  sul>ject  to'^e^P; 

a  i)enalty  of  five  dollars,  and  shall  ])e  liable  to  seizure  and     ' "  ' 

sale  to  secure  the  payment  of  such  penalty. 

The  Secretary  of  Commerce  and  Lal)or  may  grant  per-  of^pe'troU'un/Tn 
mission  to   the  ow^ner   of   any  steam-vessel,   to  use   any thevrodiutionof 
invention  or  process  for  the  utilization  of  petroleum  or  "^j]"^!;,^),'"^^''^' 
other  mineral   oils    or  substances   in   the   production  of 


138 


STEAMBOAT-INSPECTIOISr    SERVICE 


Petroleum     a: 
fuel. 

Oct.  Ifi.  ISSS. 
{25  Stat.,  561,.) 


Violiition 
regulations. 


Mode  of  pack- 
ing  dangerous 
articles. 

R.  S.,l./,7->. 


Punish  111  e  n  t 
for  unlawfully 
shipping  dan.i^er- 
ous  articles. 

a.  .s'.,  M7(J. 


Watulimen  on 
passenger  steam- 
ers. 

£.  S.,  hUll. 


motive-power,  and  may  make  and  enforce  regulations  eon- 
cerning  the  application  and  use  of  the  same  for  such  pur- 
pose. But  no  such  permission  shall  be  granted,  unless 
upon  the  certiticate  of  the  supervising-  inspector  of  steam- 
lioats  for  the  district  wherein  such  vessel  is  registered, 
and  other  satisfactory  proof  that  the  use  of  the  same  is  safe 
and  efficient;  and  upon  such  proof,  and  the  approval  of 
such  certiticate  l^y  the  Secretaiy  of  Commerce  and  I.;ahor, 
a  special  license  for  the  use  of  such  process  or  inven- 
tion shall  issue  under  the  seal  of  the  Department  of  Com- 
merce and  Labor. 

Pfovided^  hovievei\  That  the  Secretary  of  Commerce 
and  Labor  may  permit  the  use  of  petroleum  as  fuel  on 
steamers  not  carrying  passengers,  without  the  certiticate 
of  the  Supervising  Inspector  of  the  district  where  the 
vessel  is  to  be  used,  subject  to  such  conditions  and  safe- 
guards as  the  Secretary  of  Commerce  and  Labor  in  his 
judgment  shall  provide. 

For  a  violation  of  any  of  the  conditions  imposed  by  the- 
Secretary  of  Commerce  and  Labor  a  penalty  of  five  hun- 
dred dollars  shall  l)e  imposed,  which  penalty  shall  be  a 
lien  upon  the  vessel,  but  a  ])ond  may,  as  provided  in  other 
cases,  1)6  given  to  secure  the  satisfaction  of  the  judgment. 

All  gunpowder,  nitro-glycerine,  camphene,  naphtha, 
benzine,  l)pnzole,  coal-oil,  crude  or  refined  petroleum,  oil 
of  vitriol,  nitric  or  other  chemical  acids,  oil  or  spirits  of 
turpentine,  friction-matches,  and  all  other  articles  of  like 
character,  when  packed  or  put  up  for  shipment,  shall  be 
securely  packed  and  put  up  separately  from  each  other 
and  from  all  other  articles;  and  the  package,  box,  cask,  or 
other  vessel  containing  the  same  shall  be  distinctly  marked 
on  the  outside,  with  the  name  or  description  of  the  article 
contained  therein. 

"Every  person  who  packs  or  puts  up,  or  causes  to  be 
packed  or  put  up  for  shipment,  any  gunpowder,  nitro- 
gh'cerine,  camphene,  naphtha,  benzine,  benzole,  coal-oil, 
crude  or  refined  petroleum,  oil  of  vitriol,  nitric  or  other 
chemical  acids,  oil  or  spirits  of  turpentine, friction-matches, 
or  other  articles  of  like  character  otherwise  than  as  directed 
l)y  the  preceding  section,  or  wdio  knowingly  ships  or  attempts 
to  ship  the  same,  or  delivers  the  same  to  any  such  vessels 
as  stores,  unless  duly  packed  and  mark(  d,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  punished  by  fine  not  exceed- 
ing two  thousand  dollars,  or  imprisonment  not  exceeding 
eighteen  months,  or  both;  one-half  of  the  fine  to  go  to 
the  informer,  and  the  articles  to  be  lial)le  to  seizure  and 
forfeiture. 

Every  steamer  carrying  passengers  during  the  nighttime 
shall  keep  a  suitable  number  of  watchmen  in  the  cabins,  and 
on  each  deck,  to  guard  against  fire  or  other  dangers,  and  to 
p'ive  alarm  in  case  of  accident  or  disaster. 


«  See  note  to  section  4472,  page  136. 


STEAM  HO  AT-INSPECTION    SERVICE  139 

For  any  noo-loet  to  k(>e|)  the  watclinioii  rocjuiivd  hy  tlio  f^,!,';,'^\\'^}^',',.[.'Jj^, 
])iv('0cliiiy  section,  the  license  of  the  ollicer  in  charge  of  \v»i<iimiii. 

the  vessel  for  tlie  time  beino-  shall  be  revoked;  and  every     ' ""^' 

owner  of  such  vessel  who  neti'lects  or  refuses  to  furnish  the 
number  of  men  necessary  to  keep  watch  as  reciuired  shall 
h(^  tininl  on(^  thousand  dollars. 

The  board  of  supervisino-  inspectors  may  require  steamers  ,„'[^^,'^.rs''''' ''"' 
carrviny'  either  passeng-ers  or  freight  to  b(>  provided  with  j;.s.,U7ii. 
such  number  and  kind  of  good  and  ethcient  poitable  lire- 
extinguishers  as,  in  the  judgment  of  the  board,  may  be 
necessary  to  protect  them  from  lire  when  such  steamers 
are  moored  or  lying  at  a  wharf  without  steam  to  work  the 
pumps. 

Every  steamer  carrying  passengers  shall  be  pi'ovided  ^^,J)^,j^';',^^^,[j/J,fg^ 
with  wire  tillcr-ro])(>s,   or   iron  rods  or  chains,   for  the>tc.,  for  passen- 
])urpose  ot  steering  and  na\'igatnig  tlie  vessel,  and  shall    jts.,/,/,su. 
enii)loy  wire  bell-pulls  ft)r  signalizing  the  engineer  from 
the  pilot-house,   together  with  tulies  of  proper  size  so 
arranged  as  to  return  the  sound  of  the  engine-bells  to  the 
pilot-house,  or  other  arrangement  to  repeat  back  the  sig- 
nal.    But  on  any  such  vessel  navigated  Iw  the  mariner's 
compass,  so  much  of  such  wire  rope  or  chain  maj'  l)e  dis- 
pensed with  and  disused  as  shall  influence  or  disturb  the 
working  of  the  compass. 

Every  steam-vessel  navigating  rivers  only,  except  ^.t^^^^jj^lfj'''"  "^^'^ 
ferry-boats,  freight-boats,  canal-l)oats,  and  towing-boats,  a'- •'^•, /^w. 
of  less  than  tifty  tons,  shall  have  at  least  one  good 
substantial  boat  witli  lines  attached,  and  proper!}^  supplied 
with  oars,  and  kept  in  good  condition  at  all  times,  and 
ready  for  immediate  use;  and  in  addition  thereto,  every 
such  vessel  carrying  passengers  shall  have  one  or  more 
metallic  life-boats,  tire-proof,  and  in  all  respects  good  and 
substantial  boats,  of  such  dimensions  and  arrangements 
as  the  board  of  supervising  inspectors  l)y  their  regulations 
shall  prescribe,  which  boats  shall  be  carried  in  the  most 
convenient  manner  to  be  brought  into  immediate  use  in 
case  of  accident.  But  where  the  character  of  the  naviga- 
tion is  such  that,  in  the  opinion  of  the  supervising  in- 
spector, the  metallic  life-boats  can  l)e  dispensed  with,  he 
may  exempt  any  such  vessel  from  carrying  the  same;  or 
may  require  a  su])stituto  therefor,  at  his  discretion. 

Everv  such  steam-vessel  carrving  i)assengers  shall  also  r,i''Hv','Jr''^^'i2Mr 
be  provided  With  a  good  life-preserver,  made  of  suitable  ors carrying pas- 
niaterial,  for  every  cabin  passenger  for  which  she  will  have  ^'^a\  x!'ma\'. 
accommodation,    and  also  a  good  life-preserver  or  float 
for  each  deck  or  other  class  passenger  which  the  inspector's 
certiticate  shall  allow  her  to  carry,  including  the  officers 
and  crew;  which  life-preservers  or  floats  shall  be  kept  in 
convenient  and  accessil>le  places  on  such  vessel  in  readiness 
for  immediate  use  in  case  of  accident. 

Every  such  steam-v(>ssel  carrying  ])assengers,  of  two  liun-  ^Jjj''  J^!^''^^^|:^^ 
dred  tons  burden  or  less,  shall  also  keep  at  least  eighteen  river  steamers 
fire-buckets  and  two  water-barrels,  and  shall  have  not  lessg""-!'"^  ^''*'^^°' 
than  four  axes;  und  everv  such  steamer  of  over  tw(^  huu-    -^-^'-ws^- 


140  STEAMBOAT-INSPECTION    SERVICE 

dred  tons,  and  not  less  than  five  hundred  tons  liurden,  shall 
cai'iy  not  less  than  twcnt3'-fouv  ])uckets,  four  water-bar- 
rels, and  six  axes;  and  every  such  steamer  of  over  five 
Imndred  tons  shall  carry  not  less  than  thirty-five  buckets, 
six  water-l)arrels,  and  eig-ht  axes.     The  buckets  and  bar- 
rels  shall  1)0  kept  in   convenient   places   and  filled   with 
water,  to  be  in  readiness  in  case  of  fire,  and  the  axes  shall 
1)6    kept   in  good   order   and    read}-   for   innnediate   use. 
Tanks  of  suitable  dimensions  and  arrangement,  or  buckets 
in  sufiicient  number,  may  be  substituted  for  l)arrels. 
stairways  and     Every  such   stcam-vessel   carrying*  passengers   on   the 
fiveV^sToamtM"  main-deck  shall  be  provided  with   permanent  stairwa3's 
Kers^"on'^''niain'^"^^  ^^^^^^^'  sufiicicnt  uicaus,  Convenient  to  the  passengers, 
dec'k.  for  their  escape  to  the  upper  deck,  in  case  of  the  vessel 

£.  s., /,/A'..  sinking- or  of  other  accident  endangering-  life;  and  in  the 
stowage  of  freight  upon  such  deck,  where  passengers  are 
carried,  g'angways  or  passages,  sufficiently  large  to  allow 
persons  to  pass  freely  through  them,  shall  be  left  open 
both  fore  and  aft  of  the  vessel,  and  also  to  and  along  the 
guards  on  each  side. 
tion'^ofdV'k^'uV  '^^^^  Captain  or  mate  of  every  such  steam-vessel  carry- 
sengers.  ing  passcngcrs  upon  the  main-deck  shall  assign  to  all  deck 

A',  .s.,  /,!,so.       passengers,  when  taking-  passage,  the  space  on  deck  they 
may  occup}"  during  the  voyage,  and  such  space  shall   not 
thereafter  be  occupied  by  freight,   nor  overcrowded  by 
other   persons,    nor   shall   freight  be    stowed   about  the 
boilers  or  machinery,  in  such  a  manner  as  to  obstruct  or 
prevent  the  engineer  from  readily  attending  to  his  duties. 
provfdlnK  moner     ^^^"  ^^erv  violation  of  the  provisions  of  the  two  preced- 
aecominoda- ing  sectious  the  owucrs  of  the  vessel  shall  be  punished 
^^^jT's.,  !,/,sr,.       by  a  fine  of  three  hundred  dollars. 

to^be^VnX'ired      ^'^   ^"-^^  stcamcrs  navigating  rivers   only,  when,  from 
when  navigation  darkness,  fog,  or  other  cause,  the   pilot  or    [onj    watch 
'^i"''l)!!'/,'/„sr.       shall  be  of   opinion    that   the   navigation    is    unsafe,  or. 
from  accident  to  or  derangement  of   the  machinery  of 
the  boat,  the  chief  engineer  shall  be  of  the  opinion  that 
the  further  navigation  of  the  vessel  is  unsafe,  the  vessel 
shall  be  brought  to  anchor,  or  moored  as  soon  as  it  can 
prudently  be  clone:  Provided.,  That  if  the  person  in  com- 
mand shall,  after  being  so  admonished  by  either  of  such 
ofticers,  elect  to  pursue  such  voyage,  he  may  do  the  same; 
but  in  such  case  both  he  and  the  owners  of  such  steamer 
shall  be  answerable  for  all  damages  which  shall  arise  to 
the  person  of  any  passenger,  or  his  l)aggage,  from  such 
causes  in  so  pursuing  the  voj'age,  and  no  degree  of  care 
or  diligence  shall  in  such  case  be  held  to  justify  or  excuse 
the  person  in  command,  or  the  owners. 
oi^'!»'e"'n'*f  k"      Every  steamer  navigating  the  ocean,  or  any  lake,  bay, 
andsound'steam- or  souud  of  the  United  States,  shall  ])e  provided  with  such 
1?.  .s'., //,.s.s\       numbers  of  life-t)oats,  fioats,  rafts,  life-preservers,  [line- 
fls'sfa/^ioi'' ■)  *^'^^"^"-^'"^S  projectiles,  and  the  means  of  propelling  them] 
and  drags,  as  will  l)est  secure  the  safety  of  all  persons 
on  board  such  vessel  in  case  of  disaster;  and  every  sea- 


ers 


STEAMBOAT-INSPECTION    SERVICE  141 

<roinof  vessel  carry inm-  ])ass<'no'ers,  and  every  sudi  vessel 

navi<:fatiii«^  any  of  tlie   northern  or  northwestern  hikes, 

sliall  liave  the  life-boats  reciuired  by  hiw,  provided  with 

suitabk^    lumt-disenoaj^-inii-   apparatus,  so  arraiiovd  as  to 

allow  such  boats  to  be  safely  launehed  wliil(>  such  vessels 

aix'  under  speed  or  otherwise,  and  so  as  to  allow  such  dis- 

enuaiiinii-apitaratus  to  be  operated  by  one  person,  disen- 

iiaujno-   both  ends  of  the   boat  sinudtaneously  from  the 

taekles  by  which  it  may  be  lowered  to  the  water.     And 

the  board  of  supervising'  inspectors  shall  fix  and  determine, 

by   their  rules  and   regulations,   the   kind   of    life-boats, 

floats,  i-afts,  life-preservers,  [line-carrvin*;-  projectiles,  and    3fai: -2.  isso. 

the  means  of  propellino-  them] «  and' draos  that  shall  be    (^'^  •'>'«<-.  ^w„'.) 

useil  on  sucii  vessels,  and  also  the  kind  and  capacity  of 

pumps  or  othei-  appliances  fc>r  f reeino-  the  steamer  from 

water  in  case  of  htnivy  leakao'c,  the  capacity  of  such  pumps 

or  appliances  bi'ini^-  suited  to  the  navig-ation  in  which  the 

steamer  is  employed. 

The  owner  of  any  such  steamer  who  neglects  or  refuses    Penalty  for 
to  provide  such  life-boats,  floats,  rafts,  life-preservers,  ii\yi,oats!'e'tc.'  '^ 
[line-carryiuo-  projectiles,  and   the  means  of  propelling-    ^/^^:';'''jggg 
tiieni]"  drags,  pumps,  or  appliances,  as  are,  under  the    I25  siat.,  1012.) 
provisions    of   the    preceding   section,    required    by   the 
board   of   supervising    inspectors,  and   approved    by  the 
Secretary  of  Commerce   and   Labor,    shall  be  fined   one 
thousand  dollars. 

Everv  sea-yoino-  steamer,  and  everv  steamer  navigating,  Wiitcr-tigiit 
the  great  northern  or  northwestern  lakes,  carrving  pas-  lake     steamers 
sengers,  the  Inulding  of  which  shall  be  completed  after  ^^i;:^:""^^  p'^'^*^''" 
the  twenty-eighth  day  of  August,  eighteen  hundred  and    n-s.,  im. 
seventy-one,  shall   have  not   less  than  three  water-tight 
cruss-bulk-heads,  such  l)ulk-heads  to  reach  to  the  main- 
deck  in  single-decked  vessels,  otherwise  to  the  deck  next 
below  the  main-deck;  to  be  made  of  iron  plates,  sustained 
upon  suitable  frame- work;  and  to  be  properly  secured  to 
the  hull  of  the  vessel.     The  position  of  sucli  bulk-heads 
and  the  strength  of  material  of  which  the  same  shall  be 
constructed  shall  be  determined  1)}^  the  general  rules  of 
the  board  of  supervising  inspectors. 

Steam-vessels  of  one  hundred  tons  burden  or  under,  flf'tia/^^flg ) 
engaged  in  the  coastwise  bays  and  harbors  of  the  United  see.  3. 
States,  may  be  licensed  by  the  United  States  local  inspect- 
ors of  steam-vessels  to  carry  passengers  or  excursions 
on  the  ocean  or  upon  the  Great  Lakes  of  the  North  or 
Northwest,  not  exceeding  fifteen  miles  from  the  mouth  of 
such  bays  or  harbors,  without  being  re(iuired  to  have 
the  three  water-tight  cross-bulkheads  provided  l)v  section 
forty-four  hundred  and  ninety  of  the  Revised  Statutes  for 
other  passenger  steamers:  P/rnrkJed,  That  in  the  judgment 

"Act  repealinjr  use  of,  on  lakes,  jsays,  and  socxds,  a[ii)roved  April 
11,1892.     (27  Stat.,  16.) 


142  STEAMBOAT-INSPECTION    SEKVICE 

of  tho  local  inspector  such  stoaniei's  shall  be  safe  and 
suitable  for  such  navioatiou  without  danger  to  human  life, 
and  that  they  shall  have  one  water-tight  collision  bulkhead 
not  less  than  hve  feet  a])aft  the  stem  of  said  steamer. 
ments  fir iecuri-  ^^  kind  of  instrument,  machine,  or  equipment,  for  the 
tyof  lifo.  better  security  of  life,  provided  for  l)y  this  Title  shall  be 

used  on  any  steam-vessel  which  shall  not  tirst  be  approved 
by  the  board  of  supervising-  inspectors,  and  also   by  the 
Secretary  of  Commerce  and  Labor. 
ingpSslngers?       Evcrv  barge  carrying-  passengers,  while  in  tow  of  any 
B.s.,t,u'j2.       steamer,  shall  ])e  subject  to  the  provisions  of  this  Title 
relating  to  hre-))uckets,  axes,  life-preservers,  and  yawls,  to 
such  extent  as  shall  be  prescribed  by  the  board  of  super- 
vising* inspectors;  and  for  any  violation  of   this  section 
the  penalty  shall  be  two  hundred  dollars,  recoverable  one- 
half  for  the  use  of  the  informer. 
Liability  of     "Whenever  damage  is  sustained  by  any  passenger  or 

master  and  own- 1  •       i  /•  i       •  n  "     1 1  •'  •  i.i 

ers  for  damagL's his  oag"gage,  froui  cxplosiou,  hrc,  collision,  or  other 
to^jassengers.  causc,  the  master  and  the  owner  of  such  vessel,  or  either 
of  them,  and  the  vessel  shall  be  liable  to  each  and  every 
person  so  injured,  to  the  full  amount  of  damage  if  it 
happens  through  any  neglect  or  failure  to  comply  with 
the  provisions  of  this  Title,  or  through  known  defects  or 
imperfections  of  the  steaming-apparatus  or  of  the  hull; 
and  any  person  sustaining  loss  or  injury  through  the  care- 
lessness, negligence,  or  willful  misconduct  of  any  master, 
mate,  engineer,  or  pilot,  or  his  neglect  or  refusal  to  obey 
the  laws  governing-  the  navigation  of  such  steamers,  may 
sue  such  master,  mate,  engineer,  or  pilot,  and  recover 
damages  for  any  such  injury  caused  by  any  such  master, 
mate,  engineer,  or  pilot. 
.Two  copies  of     Every  master  or  commander  of  any  steam-vessel  carry- 

ttiis   rule   to  be  .  -^  i      n  i  i  i      •;•  i  i      i    i         i 

kept  on  each  pas- ing"  passengci's  Shall  keep  on  board  or  such  vessel  at  least 
^^jB^!'5-.fw™'''^'   two  copies  of  the  provisions  of  this  Title,  to  be  furnished 
to  him  by  the  Secretary  of  Commerce  and  Labor;  and  if 
the  master  or  commander  neglects  or  refuses  to  do  so,  or 
shall  unreasonably  refuse  to  exhibit  a  copy  of  the  same  to 
any  passenger  who  asks  for  it,  he  shall  be  liable  to  a  penalty 
of  twenty  dollars. 
ei^bf  bo^exhib"     EvGiy  stcam-vessel  of  the  United  States,  in  addition  to 
ited.         '       having  her  name  painted  on  her  stern,  shall  have  the  same 
R.  s.,  hh<ro.       conspicuously  placed  in  distinct,  plain  letters,  of  not  less 
than  six  inches  in  length,  on  each  outer  side  of  the  pilot- 
house, if  it  has  such,  and  in  case  the  vessel  has  side  wheels, 
also  on  the  outer  side  ot  each  wheel-house;  and  if  any  such 
steamboat  be  found  without  having  her  name  placed  as 
required,  she  shall   ))e  subject  to  the  same  penalty  and 
forfeiture  as  provided  by  law  in  tho  case  of  a  vessel  of  the 
United  States  found  without  having  her  name. and  the  name 
of  the  port  to  which  she  belongs,  painted  on  her  stern. 
Duties  of  ens-     }^\\  collcctors,  or  Other  chief  officers  of  the  customs,  and 

toms  omcers.  ,,  .  -ji  •        i  i    -i-        •  in  i-  i 

R.  s.,  W6.       all  inspectors  within  the  several  districts,  shall  enforce  the 

«  See  section  5344,  page  144. 


STEAMBOAT-lNslhsyTlON    SERVICE  143 

provisions  of  this  Tith'  iiii;iiiis(  all  stcjuTrorsTiiTix  iiiL^-  and 
departing-. 

Every  collector,  or  other  chief  oilicer  of  the  cnstoiiis,  oi-  i'<  n.iuy  for 
inspector,  who  ne«j;-liuently  or  intentionally  omits  any  duty  in'^'^.usUM'Ms'un^ 
under  the  preceding  .section,  shall  be   liable  to  removal"''])  ^,   ,,,^, 

from  otKce,  and  to  a  penalty  of  one  hundred  dollars  for     ' "   ' 

each  oU'ense,  to  be  sued  for  in  an  action  of  debt. 

No  licens(\  registei',  or  enrolluKMit  shall  b(\  granted,  nor    iNtfistry.   en- 
;uiy  other  ])ai)ers  be  issued,  by  any  collector  or  other  (diii;f  dViiitMi"/,')  vossoii 
otlicer  of  the  customs,  to  an  v  vessel  propelled  in  whole  I'l'.l  ,V'"V'''>'»8 
or  in  part  by  steam,  until  lie  shall  ha\e  satisfactory  evi-    a*.  ,s.,  w^i*. 
deuce  that  all  the  provisions  of  this  Title  have  been  fully 
complied  with. 

If  any  vessel  proijelled  in  whole  or  in  part  ])y  steam  l)e  .  .i^Haiiy  lor 
navigated  without  complying  with  the  terms  of  this  1  itle,  j:.  >.,  /,/,.w.  • 
the  owner  shall  ]n\  liaMe  to  the  United  States  in  a  penalty 
of  tive  hundred  dollars  for  each  otfense,  one-half  for  the 
use  of  the  informer,  for  which  sum  the  vessel  so  navigated 
shall  be  liable,  and  may  l)e  seized  and  })roceeded  against 
by  way  of  lil)el  in  any  district  court  of  the  United  States 
having  jurisdiction  of  the  otfense. 

The  penalty  for  the  violation  of  any  provision  of  this    I'lnaity    in 
Title,  not  otherwise  specially  provided  for,  shall  be  a  line  vkicd  "or!  '"^*^ 
of  tive  hundred  dollars,  recoverable  one-half  for  the  use    ^ ■''"'■' -'-^oo. 
of  the  informer. 

It  shall  not  be   lawful  to  transport,  carry,  or  convey,  ^^'^''^^/iYil^'^yf;.',;";^ 
ship,  deliver  on  board,  or  cause  to  l)e  delivered  on  l)oard,  i"^^'<>"  pas^nger 
th(>  substance  or  article  known  or  designated  as   nitvo-^^ji!s.',/,2TS. 
glycerine,   or   glynoin  oil,  uitroleum  or  blasting  oil,  or 
nitrated  oil,  or  powder  mixed  with  any  such  oil,  or  liber 
saturated  with  any  such  article  or  substance,  upon  or  in 
any  vessel  or  vehicle  used  or  employed  in  transporting 
passengers  by  land  or  water  between  a  place  in  any  foreign 
country  and  a  place  within  the  limits  of  any  State,  Terri- 
tory, or  district  of  the  United  States,  or  between  a  place 
in  one  State,  Territory,  or  district  of  the  United  States, 
and  a  place  in    any   other   State',  Territor}",  or   district 
th(M'eof. 

It  shall  not   be   lawful  to  ship,   send,   or  forward  any    ^'>\>^}-mg  and 

,.,  ,.    ,,  ,      ,  J^..    ,  '  1    •      xi  '    miirking     nitro- 

(juantitv  or  the  substances  or  articles  named  in  the  pre- glycerine.^ 
ceding  section,  or  to  transport,  convey,  or  carry  the  ^'- "'•• ''~^^- 
same  by  a  vessel  or  vehicle  of  any  description,  upon  land 
or  water,  between  a  place  in  a  foreign  country  and  a 
place  Avithin  the  United  States,  or  between  a  place  in  one 
State,  Territory,  or  district  of  the  United  States,  and  a 
place  in  any  other  State,  Territory,  or  district  thereof, 
unless  the  same  shall  be  securely  inclosed,  deposited,  or 
packinl  in  a  metallic  Acssel  surrounded  ])y  plaster  of  paris, 
or  other  material  that  will  be  nonexplosive  when  saturated 
with  such  oil  or  substance,  and  separate  from  all  other 
substances,  and  the  outside  of  the  package  containing  the 
same  be  marked,  printed,  or  labeled  in  a  conspicuous  man- 
ner with  theAvords  "iSitro-glycerine,  dangerous." 


144  STEAMBOAT-INSPECTION    SERVICE 

"Regulation  by     q^]^Q  ^^^q  preceding"  seotions  shall  not  be  so  constrnod  as 

states  of    traftic  1  Qj-    j.         T         -4.  T    i    •    <-        •<-  ^ 

ill  nitre -gi veer- to  prevent  any  otate,  ierritory,  district,  city,  or  town 
"^1".  s., -wso.  within  the  United  States  from  rcg-ulating  or  from  prohib- 
iting the  traffic  in  or  transportation  of  those  su])stances, 
between  persons  or  places  laying  or  being  within  their 
respective  territorial  limits,  or  from  prohibiting  the  intro- 
duction thereof  into  such  limits,  for  sale,  use,  or  con- 
sumption therein. 
Shipping  in-      Any  persou  shipping  oil  of  vitriol,  unslaked  lime,  inflam- 

flammable     ma-         i  i  *  .    i  '  ,i  •  i    ^    i   • 

teriai.  nuible  nuitclies,  or  gunpowder,  m  a  vessel  taking  cargo 

ii.s.,iass.       fQY  divers  persons  on  freight,  without  delivering,  at  the 
time  of  shipment,  a  note  in  writing,  expressing  the  nature 
and  character  of  such  merchandise,  to  the  master,  mate, 
officer,  or  person  in  charge  of  the  lading  of  the  vessel, 
shall  be  liable  to  the  United  States  in  a  penalty  of  one 
thousand  dollars.     But  this  section  shall  not  apply  to  any 
vessel  of  aii}^  description  whatsoe^'er   used   in   rivers  or 
inland  navigation. 
primes  and      Evcry  captain,  engineer,  pilot,   or   other   person   em- 
offlcersan(i\m'n- ployed  ou  any  steamboat  or  vessel,  by  whose  misconduct, 
boats''^    '^^'^'"'^  negligence,  or  inattention  to  his  duties  on  such  vessel,  the 
B.  s.,  5SU.       life  of  any  person  is  destroyed,  and  every  owner,  inspector, 
or  other  public  officer,  through  whose  fraud,  connivance, 
misconduct,  or  A'iolation  of  law,  the  life  of  any  person  is 
destroyed,  shall  be  deemed  guilty  of  manslaughter,  and, 
upon  conviction  thereof  before  any  circuit  court  of  the 
United  States,  shall  be  sentenced  to  confinement  at  hard 
labor  for  a  period  of  not  more  than  ten  years. 
Maltreatment      Every  master  or  other  officer  of  an  American  vessel  on 
cers."^^^^    '''  "  '  the  high  seas  or  on  any  other  waters  within  the  admiralty 
Mir"/ My?.     ^^"^^  maritime  jurisdiction  of  the  United  States,  who,  with- 
ers s<a<.,6yi.)   out  justifiable  cause,  beats,  wounds,  or  imprisons  any  of 
the  crew  of  such  vessel  or  withholds  from  them  suitable 
food  and  nourishment,  or  infiicts  upon  them  any  cruel  and 
unusual  punishment,  shall  be  punished  by  a  fine  of  not 
more  than  one  thousand  dollars,  or  by  imprisonment  not 
more  than  five  years,  or  l)y  both. 
Unlawful  ship-     ^'Evcrv  pcrsoii  wlio  kuowiugly  transports,  or  delivers 

ment   of    explo-  '     f      i         it  i         'a    "      i  •  '  -j.      i 

sives.  or  causes  to   be  delivered,  nitro-gh^cerine,  nitroleum  or 

It.  s.,  535.1.  blasting-oil,  or  nitrated  oil,  or  powder  mixed  with  any 
such  oil,  or  fil)er  saturated  with  any  such  substance  or 
article,  on  board  any^ vessel  or  vehicle  whatever,  employed 
in  conveying  passengers  l)y  land  or  water  between  any  place 
in  a  foreign  country  and  any  place  within  the  United  States, 
or  l)etween  a  place  in  one  State,  Territory,  or  district  of  the 
United  States  and  a  place  in  any  other  State,  Territory,  or 
district  thereof,  shall  be  punished  by  a  fine  of-  not  less  than 
one  thousand  dollars,  nor  more  than  ten  thousand  dollars; 
one-half  to  the  use  of  the  informer. 
Ji.  .s'.,  5.W/,.  *  When  the  death  of  any  person  is  caused  by  the  explo- 

sion of  any  quantity  of  such  articles,  or  either  of  them, 

«See  sections  4472,  5353-5355,  pages  136, 144, 145, 
bSee  sections  4278-4280,  pages  143, 144. 


STEAMHOAT-INSPECTION    SERVICE  145 

wliilr  the  sair.o  is  Ikmho-  ])l:u'e(l  in)on  iiiiy  vessel  or  vehicle, 
to  he  transported  in  violation  of  the  preceding-  section, 
or  while  the  same  is  hein^-  so  transported,  ov  while 
the  same  is  being-  removed  from  such  vessel  or  vehicle, 
every  person  who  knowingly  placed  or  aided,  or  j)ermitted 
the  placing"  of  such  articles  upon  such  vessel  cr  vehicle,  to 
be  so  transpoi"ted,  is  o-uiJty  of  manslaughter,  and  shall 
suffer  imprisomnent  for  a  period  not  less  than  two  A'ears, 

"Every  person  who  knowingh'  ships,  sends,  or  for-  u.  h.,  6355. 
wards  any  quantity  of  the  articles  mentioned  in  sec- 
tion lifty-three  hundred  and  fifty-three,  or  who  transports 
the  same  by  any  mode  of  conveyance  upon  land  or  w^ater, 
between  any  of  the  places  specified  in  that  section,  unless 
such  articles  be  securely  inclosed,  deposited,  or  packed  in 
a  metallic  vessel  surrounded  by  plaster  of  Paris,  or  other 
non  explosive  material  when  saturated  with  such  oil,  and 
separated  from  all  other  substances,  and  the  outside  of  the 
package  be  marked,  printed,  or  la))eled  in  a  conspicuous 
maimer  with  the  words  ''Nitro-glycerixe;  dangerous,'' 
shall  be  punished  by  a  tine  of_  not  less  than  one  thousand 
nor  more  than  live  thousand  dollars;  one-half  to  the  use  of 
the  informer. 

Evcrv  inspector  of  steamboats  who,  upon  any  pretense,  A'/.f^^/,*^."' 
receives  any  fee  cr  reward  for  his  services,  except  what  is 
allowed  to  him  l)v  law,  shall  forfeit  his  oflice,  and  ])e  other- 
wise punished  by  a  tine  of  not  more  than  live  hundred 
dollars,  or  l)v  imprisonment  not  more  than  six  months,  or 
by  both. 

[For  other  crimes  on  the  seas  see  page  2-14.] 

That  on   and   after   July   tirst,   eighteen  hundred  and    certain   fees 
eighty-six,  no  fees  shall  be  charged  or  collected  bv  ^o\'^ 'j,^uehOsse. 
lectors  or  other  officers  of  customs,  or  by  inspectors  of    {-'^  stat.,79.) 
steam-vessels      "      *     *     for  the  following   services   to 
vessels  of  the  United  States,  to  wit:     *     *     *     inspecting, 
examining,  and  licensing  steam-vessels,  including  inspec- 
tion-certilicate  and  copies  thereof;  and  licensing  of  master, 
engineer,  pilot,  or  mate  of  a  A^essel;  and  all  provisions  of 
laws  authorizing  or  requiring  the  collection  of  fees  for 
such   services  are   repealed,   such   repeal  to  take   effect 
July   first,    eighteen   hundred   and   eighty-six.     *     *     * 
And  the  Secretary  of  Commerce  and  Labor  shall  allow 
and  pay,  from  any  money  in  the  Treasury  not  otherwise 
appropriated,  said  officers  such  compensation  for  said  serv- 
ices as  each  would  have  received  prior  to  the  passage  of 
this  act;    also  such  compensation  to  clerks  of   shipping    -1/5/'.  ^sss. 
commissioners,   and  clerks  of  steaml)()at  inspectors,  and    ^-"^^^^^■'^•> 
such  allowances  for  fees  of  United  States  marshals  and 
witnesses  for  services  under  the  steamboat-inspection  hnvs, 
and  for  expenses  of  steamboat  inspectors  provided  for  by 

a  See  sections  4472,  4278-4280,  pages  136,  143,  144. 
27628—04 10 


146  STEAMBOAT-INSPECTION    SEKVICE 

section  forty-four  hundred  and  tsixtv-one  of  the  Revised 
iustai.Ho'!)     Statutes.     *     *     *     P/Yw/c/r^/,  Tliat'such  services  liave,  in 

the  opinion  of  the  Secretary  of  Commerce  and  Labor,  been 

necessarily  rendered. "' 
ironrtequoit     Irondcquoit  Bay,    New   York,  shall,  for   the   purpose 

Bay,  New  \ork,  .1         -u        '  •    •  £    /-^-i       -t^A      a.  £  li      ^i^ 

a  navigable  wa- oi  applying  the  provisions  of  title  ntty-two  of  the  Ke- 
^^ June 25, 1890.  visccl  Statutes,  relating  to  steam- vessels  navigating 
(26  Stat.,  180.)  thereon,  be  declared  a  navigable  water  of  the  United 
States;  and  steam- vessels  navigated  thereon,  and  carry- 
ing passengers,  shall  be  inspected  under  the  provisions 
of  section  forty-four  hundred  and  twenty-six  of  the  title 
referred  to,  and  subject  to  the  penalties  provided  therein 
for  a  failure  to  comply  therewith. 

Section  forty-one  hundred  and  thirty-one  of  the  Revised 

Statutes  of  the  United  States  be  amended  so  as  to  read  as 

follows: 

"yes^seis  of     ''Sec.  4131.  Vessels  registered  pursuant  to  law  and  no 

^u/  ::s,' isml.    others,  except  such  as  shall  be  duly  qualihed  according  to 

'icc'^i!^" ''^^'^   law  for  carr^dng  on  the  coasting  or  iishing  trade,  sTiall 

be  deemed  vessels  of  the  United  States,  and  entitled  to  the 

benefits  and  privileges  appertaining  to  such  vessels;  but 

no  such  vessel  shall  enjoy  such  benefits  and  privileges 

longer  tlian   it  shall  continue  to  be  wholly  owned  ])y  a 

citizen  or  citizens  of  the  United  States  or  a  corporation 

created  under  the  laws  of  any  of  the  States  thereof,  and 

be  commanded  by  a  citizen  of  the  United  States. 

"And  all  the  officers  of  vessels  of  the  United  States  who 
shall  have  charge  of  a  watch,  including  pilots,  shall  in  all 
cases  Ije  citizens  of  the  United  States, 
flncd!'^'^^'^'^*^  "^^^  *"  The  word  "olficers"  shall  include  the  chief  engineer 
and  each  assistant  engineer  in  charge  of  a  watch  on  vessi'ls 
propelled  wholly  or  in  part  by  steam;  and  after  the  first 
da}^  of  January,  eighteen  hundred  and  ninety-seven,  no 
person  shall  be  qualified  to  hold  a  license  as  a  connuander 
or  watch  otficer  of  a  merchant  \'essel  of  the  United  States 
who  is  not  a  native  l)orn  citizen,  or  whose  naturalization 
as  a  citizen  shall  not  have  been  fully  completed." 
slTT^'''  ^'  ^^^^  licenses  issued  to  such  officers  shall  be  for  a  term 

of  five  years,  l)ut  the  holder  of  a  license  may  have  the 
same  renewed  for  another  five  years  at  any  time  before 
its  expiration:  ProrUled,  ]iow€vei\  That  any  otficer  hold- 
ing a  license,  and  who  is  engaged  in  a  service  which 
necessitates  his  continuous  absence  from  the  United  States, 
may  make  application  in  writing  for  one  renewal  and 
transmit  the  same  to  the  board  of  local  inspectors  with 
a  statement  of  the  applicant  verified  before  a  consul,  or 
other  officer  of  the  United  States  authorized  to  administer 
an  oath,  setting*  forth  the  reasons  for  not  appearing  in 
person;  and  upon  receiving  the  same  the  board  of  local 

«See  also  "Fees,"  page  239. 
b  See  section  4450,  page  132. 


STEAMBOAT-INSPECTION    SEUVICE  147 

inspectors  that  orio-iiuiHy  issiuul  such  Tuhmisc  shall  renew 
the  same  for  one  additicnial  tei'ui  of  such  license,  and  sludl 
notify  the  applicant  of  such  renewal. 

And  in  all  casi>s  where  the  issue  is  the  susjH'iision  or 
revocation  of  such  licenses,  whether  ix'fore  the  local 
hoards  of  inspectors  as  provided  for  in  section  forty-four 
hundred  and  fifty  of  the  l^n'ised  Statutes,  or  ])eforo  the 
supervising  inspector  as  provided  for  in  section  forty-four 
hundred  and  lifty-two  of  the  lievised  Statutes,  the  accused 
shall  he  allowed  to  appear  by  counsel  and  to  testify  in  his 
own  behalf. 

No  master,  mate,  pilot,  or  eng-iner  of  steam  vessels  .i";'it  '"  time 
licensed  under  title  tifty-two  of  the  Kevisinl  Statutes  shall" 
be  liable  to  draft  in  time  of  war,  excei)t  for  (he  ])ei-form- 
ance  of  duties  such  as  retpiired  by  his  license;  and,  while 
performint>'  such  duties  in  the  service  of  the  United  States, 
every  such  master,  mate,  pilot,  or  engineer  shall  be 
entitled  to  the  highest  rate  of  Avages  paid  in  the  merchant 
marine  of  the  United  States  for  similar  services;  and,  if 
killed  or  wounded  while  performing  such  duties  under  the 
United  States,  they,  or  their  heirs,  or  their  legal  rei)re- 
sentatives  shall  l)e  entitled  to  all  the  privileges  accorded 
to  soldiers  and  sailors  serving-  in  the  Army  and  Navy, 
under  the  pension  laws  of  the  United  States. 

But  this  shall  not  be  construed  to  modify  or  repeal  that 
provision  of  the  Act  of  June  twenty-sixth,  eighteen  hun- 
dred and  eighty-four,  which  reads  as  follows:  "Incases 
where  on  a  foreign  voyage,  or  on  a  voyage  from  an  Atlantic 
to  a  Pacitic  port  of  the  United  States,  any  such  vessel  is 
for  an}'  reason  deprived  of  the  services  of  an  officer  below 
the  grade  of  master,  his  place,  or  a  vacancy  cairsed  l)v  the 
promotion  of  another  officer  to  such  place  may  be  supj)lied 
by  a  person  not  a  citizen  of  the  United  States  until  the 
first  return  of  such  vessel  to  its  home  port ;  and  such  ves- 
sel shall  not  be  lial)le  to  any  penalty  or  penal  tax  for  such 
employment  of  an  alien  officer."     ' 

On   and   after  June   thirtieth,   eighteen   hundred   and    steamboats  on 
ninety-eight,  every  steamboat  of  the  United  States  plying  lo'Xe''\m'iiciry 
upon  the  Mississippi  River  or  its  tri])utaries  shall  furnish  ^'ij)?J^p':j''j^,j, 
an  appropriate  place  for  the  crew,  which  shall  conform    \.;:>  stdt.,688.) 
to  the  re(|uirements  of  this  section  so  far  as  they  shall    ■^"■~" 
be  applica))le  thereto  ])y  providing  sh'cping  room  in  the 
engine  room  of  the  steamboats  properU'  protected  from 
the  cold,  winds,  and  rains  by  means  of  suitable  awnings 
01'  screens  on  either  side  of  the  guards  or  sides  and  for- 
ward, reaching  from  the  boiler  deck  to  the  lower  or  main 
deck,  under  the  direction  and  ai)proval  of  the  Supervising 
Inspector-General  of  Steam  Vessels,  anel  shall  be  i)roperly 
heated. 

Any  failure  to  comply  with  this  section  shall  sul)jectthe 
owner  or  owners  to  a  penalty  of  five  hundred  dollars. 


148  STEAMBOAT-INSPECTION    SERVICE 

foreV^n^vesseis"^  "^^^  Secretary  of  Commerce  and  Labor  be,  and  he  is 
.Sec.  n.  hereby,  authorized  to  direct  the  inspection  of  an}"  foreign 

vessel,  admitted  to  American  registry,  its  steam  l)oilers, 
steam  pipes,  and  appurtenances,  and  to  direct  the  issue  of 
the  usual  certiticate  of  inspection,  whether  said  boilers, 
steam  pipes,  and  apijurtenances  are  or  are  not  constructed 
pursuant  to  the  laws  of  the  United  States,  or  whether 
they  are  or  are  not  constructed  of  iron  stamped  pursuant 
to  said  laws. 

The  tests  in  the  inspection  of  such  boilers,  steam  pipes, 
and  appurtenances  shall  be  the  same  in  all  respects  as  to 
strength  and  safety  as  are  required  in  the  inspection  of 
boilers  constructed  in  the  United  States  for  marine  pur 
poses. 

Ha"v^r^^*'"  "'  ^^^^®  Constitution,  and,  except  as  herein  otherwise  pro- 
Ai>r.ko,  mm.  yided,  all  the  laws  of  the  United  States  which  are  not 
{3i^btat.,ni.)   iQf.^Wy  inapplicable,  shall  have  the  same  force  and  eflect 

within   the   said   Territory   as   elsewhere   in  the  United 

States. 

bwif-^insp^icfimi     f^^®  Offico  of  the  Steamboat-Inspcction  Service  is  pro- 
Service.  y idcd  with  a  chief  clerk,  at  a  salary  of  $2,0( )<)  per  annum,  and 

^Appropria  '""q^Jj^^.  employees.     Authority  for  Supervising  Inspector- 
General  is  given  on  page  117.] 


CHAPTER  XII 

BUREAU  OF  FISHERIES 


Prior  to  is" I  the  lisherics  of  the  United  States  and  the  artilieial 
propatiiition  of  lisli  were  given  considerable  attention  l)y  certain  of  the 
iStates  and  by  various  individuals,  and  in(|uiries  along-  these  lines 
were  also  conducted  by  the  Smithsonian  Institution.  Influenced  b}' 
the  action  of  a  meeting-  of  the  connnissionei's  of  flsheries  of  New 
England,  held  in  Boston  in  ISOO,  Congn^ss  passed  a  joint  resolution, 
approved  February  9,  1871,  which  provided  for  the  appointment 
of  a  United  States  Commissioner  of  Fish  and  Fisheries,  who  was  to 
conduct  incpiiries  and  investigations  relating  to  tlie  diminution  of  the 
food-tish  supply,  and  suggest  remedial  measures.  From  this  l)eginning 
has  grown  up  the  Bureau  of  Fisheries. 

The  propagation  of  food  fishes  was  taken  up  under  authority  of  an 
act  approved  June  10,  1872,  which  was  the  result  of  action  leading  to 
this  end  taken  by  the  American  Fish-Culturists'  Association  at  a  meet- 
ing held  in  AUiany,  N.  Y.,  February  7,  1872.  The  early  a})piopria- 
tions  for  the  conduct  of  the  Commission  were  relatively  small,  but 
with  the  assistance  of  the  several  Executive  Departments — notably 
the  Treasury,  Navy,  and  War — as  authorized  in  section  3  of  th(»  joint 
resolution  of  Februaiy  0,  1871,  the  work  was  steadih'  carried  on  and 
augmented. 

A  study  of  the  methods  and  statistics  of  the  fisheries  was  conducted 
in  connection  with  the  more  abstract  scientific  work  until  ls7l),  when 
a  specific  appropriation  for  this  purpose  was  made.  Until  the  fiscal 
year  1892  the  appropriations  for  the  conduct  of  the  work  of  the 
Bureau  were  general  in  their  character,  and  discretion  as  to  the 
expenditure  was  vested  in  the  Commissioner,  l)ut  in  accordance  with 
an  act  approved  August  5  of  that  year,  estimates  have  since  been 
annually  su])niitted  to  Congress,  on  which  appropriations  have  been 
based  providing  specific  sums  for  expenditure  in  different  branches  of 
the  work. 

By  an  act  of  Congress  appro\ed  Februar}'  14:,  1903,  the  Bureau  was 
made  a  part  of  the  Department  of  Commerce  and  Labor  from  and 
after  July  1,  19(J3,  on  which  date  the  old  name  of  Fish  Conunission 
was  changed  by  order  of  the  Secretar}'  to  Bureau  of  Fisheries. 

149 


150  BUREAU    OF    FISHERIES 

The  Bureau  of  Fisheries  i,s  an  institution  peculiar!}'  American  in 
its  conception,  and  with  few  parallel  organizations  in  other  govern- 
ments. It  has  achieved  a  world-wide  I'eputation  for  its  enterprise  and 
originality  of  method,  and  its  work  is  greatly  appreciated  in  other 
countries  and  held  upas  a  striking  evidence  of  the  pul)lic  spirit,  intel- 
ligence, and  liberality  of  the  American  nation.  Exhil)its  have  been 
made  at  all  of  the  largc^  expositions  at  home  and  abroad,  and  have 
received  many  medals  and  prizes  for  the  excellence  and  originality  of 
the  work. 

The  w^ork  of  the  Bureau  is  along  throe  lines: 

(1)  The  S3^stematic  investigation  of  the  waters  of  the  United  States 
and  the  biological  and  physical  problems  which  they  present.  This 
includes  not  only  a  stud}-  of  the  life  histor}-  of  fishes  of  economic 
value,  but  the  history  of  the  animals  and  plants  upon  which  they  feed 
or  upon  which  their  food  is  nourished,  as  well  as  the  currents,  tem- 
peratures, and  Other  pln^sical  phenomena  of  the  waters  in  wdiich  they 
live,  in  relation  to  migration,  reproduction,  and  growth. 

(2)  The  introduction  and  nuiltiplication  of  useful  food  fishes  through- 
out the  country,  particularly  in  the  coastal  waters  and  Great  Lakes. 

(3)  The  investigation  of  the  methods  of  the  fisheries,  past  and  pres- 
ent, and  the  statistics  of  production  and  conmierce  of  fishery  products. 
This  includes  a  study  of  methods  and  apparatus,  and  a  comparison  of 
the  same  Avith  those  of  other  lands,  that  the  use  of  those  which  are 
ol)jectional)le  may  be  discouraged  and  those  which  are  inefficient  be 
replaced  by  others  more  serviceable. 

The  Bureau  conducts  investigations  regarding  the  fur-seal  herds  of 
the  Pribilof  Islands  and  Bering  Sea  under  the  provisions  of  law  of 
March  3,  1893. 

At  two  points  on  the  Atlantic  coast  are  well-equipped  marine  biolog- 
ical stations.  At  various  points  throughout  the  country  are  thirty-six 
fish -cultural  establishments.  In  the  distri])ution  of  the  output  of  fish 
and  eggs  five  specially  constructed  railroad  cars  are  used.  There  are 
also  employed  two  seagoing  steamers  and  one  large  seagoing  schooner, 
as  well  as  two  smaller  steamers  for  river  work,  and  seven  steam 
launches.  One  of  the  steamers  is  especially  equipped  and  adapted  for 
deep-sea  investigations,  and  the  other  vessels  and  boats  are  used  both 
for  scientific  work  and  fish-cultural  purposes. 


Commissioners  of  Fislt.  and  Fisheries  with  dates  of  service. 


Name. 


From — 


Spencer  F.  Baird 

G.  Brown  Goode 

Marshall  McDonald 

Herbert  A.  Gill  (chief  clerk,  Acting  Commissioner). 

.1  ohn  J .  Brice 

George  M.  Bowers 


Mar.  8, 1871 
Sept.  1,1887 
Feb.  18,1888 
Sept.  2,1895 
Mar.  30,18% 
Feb.  16,1898 


Aug.  17.1887 
Feb.  17,1888 
Sept.  1,1895 
Mar.  29, 1896 
Feb.  15,1898 


BUREAU    OF    FISUEKIES  151 

LAW  PERTAINING  TO  THE  BUREAU  OF  FISHERIES 

[As  inodiricd  liy  net  of  Fol.ruary  1  I,  I'.Mi:!.) 

Tlio  Buroauof  Fishorios  and  tho  OfliciM^f  ('oininissionor    Transfer  to 
ot  r  ish  iiiul  1^  isluM'ios,  iiiul  :ul  tli:ir  ])(Mt;iins  to  (he  suiuc.  he,  Labor. 
and  thesiiino  Iu>ivt>v  :iiv.  phiced  uiid(M'tlie  jm-isdiction  and    {ll''stai,l''sf7\) 
made  a  part  of  tho  Department  of  Connnerce  and  Labov.    ^f- /<• 

Section  fonr  thousand  three  Imndred  anil  ninety-five  of  commissioner, 
the  Kovisod  Statutes  of  the  United  States  bo,  and  the  same I'lUary.' "  "^"^^  ' 
is  herol)V,  amiMidod  to  read  as  follows:  •^','.";.~'^'^*'*f- 

^ There  shall  1)0  appointed  by  the  President,  l)y  and  jl'k'Uk. 
with  tho  advice  and  consent  of  the  Senate,  a  person  of 
scientiric  and  practical  aciiuaintance  with  the  tish  and  fish- 
eries to  be  a  Commissioner  of  Fish  and  Fisheries,  and  he 
shall  receive  a  salary  at  the  rate  of  fi\e  thousand  dollars  a 
year,  and  he  shall  be  removal)le  at  the  pleasure  of  the 
President.  Said  Commissioner  shall  not  hold  any  other 
ortice  or  employment  under  the  authority  of  the  United 
States  or  any  State." 


Ihe  (  ommissionor  of  Fish  and  t  isherics  shall  prosecute  pn.ties  of  com- 
uivestioations  and  inquiries  on  uw  subject,  with  the  view  ii.s.,/,396. 
of  ascertaining-  whether  an}^  and  what  diminution  in  the 
number  of  the  food  fishes  of  the  coast  and  lakes  of  the 
United  States  has  taken  place;  and,  if  so,  to  what  causes 
the  same  is  due;  and  also  whether  any  and  what  protective, 
prohil)itorv,  or  precautionary  measures  should  l)e  adopted 
in  the  premises;  and  shall  report  upon  the  same  to  Congress. 

The  Commissioner  of  Fish  and  Fisheries  is  authorized  .soni  investiga- 
and  required  to  investig-ate,  under  the  direction  of  the  ^"uar.  s,  isys. 
Secrctaiy  of  Commerce  and  Labor,  and  when  so  rec{uested    ^'^^  *'"^-  ^^^-^ 
report  annually  to  him  regarding  the  conditions  of  seal  life 
upon  the  rookeries  of  the  Pribilof  Islands;  and  he  is  also 
directed  to  continue  the  inquiries  relative  to  the  life  history 
and  migrations  of  the  fur-seals  frequenting  the  waters  of 
Bering  Sea. 

The  Commissioner  of  Fish  and  Fisheries  of  the  United  ^^h™'^"  fish- 
States  is  empowered  and  required  to  examine  into  the    Ap'r.jio.woo. 
entire  subject  of  fisheries  and  the  laws  relating"  to  the  tish-    Hi'lt!''  ^^"'^ 
ing  rights  in  the  Territory  of  Hawaii,  and  report  to  the 
[Secretary  of  Commerce  and  Labor]  touching  the  same, 
and  to  recommend  such  changes  in  said  laws  as  he  shall 
sec  tit. 

The  heads  of  the  several  Fxecutive  Departments  shall    other  Depart- 
cause  to  be  rendered  all  necessary  and  practicable  aid  to  ™a"  ^-.l  waV 
the  commissioner  in  the  prosecution  of  his  investigations 
and  iiKjuiries. 


152  BUREAU    OF    FISHERIES 

Power  to  take  'J'\^q  Commissioner  may  take  or  cause  to  be  taken  at  all 
^^^"™r"sijs.  times,  in  the  waters  of  the  sea-coast  of  the  United  States, 
where  the  tide  el)l)s  and  flows,  and  also  in  the  waters  of 
the  lakes,  such  fish  or  specimens  thei-eof  as  may  in  his 
judgment,  from  time  to  time,  be  needful  or  proper  for  the 
conduct  of  his  duties,  any  law,  custom,  or  usage  of  any 
State  to  the  contrary  notwithstanding. 

^jtetus  of  ves-  rj^Y^Q  Secretary  of  the  Navy  is  hereby  directed  to  place 
May 31,1880.  the  vcsscls  of  tlic  Burcau  of  Fisheries  on  the  same  footing 
{21  Stat,  151.)   ^.^j^  ^j^^  ^^^^y  Department  as  those   of   the  Coast  and 

Geodetic  Survey. 

Deputy  Com-  -pjjg  Commissioner  of  Fish  and  Fisheries  is  hereby 
Mar.  3, 1SS3.  authorized  to  designate  from  the  employees  of  the  Bureau, 
{2'2  Stat,  628.)  ^^^  assistant,  to  discharge  his  duties  in  ease  of  his  absence 
or  disability:  Provided,  That  no  increase  of  pay  shall  be 
granted  in  consequence  of  such  selection.  [A  deputy 
commissioner,  at  salary  of  three  thousand  dollars  a  year, 
is  provided  for  in  appropriation  act,  approved  March  3, 
1903.] 

^Revenue   Ma-     The  Secretary  of  the  Treasury  is  authorized  to  detail 
Mar.  s,  188.5.     f roui  time  tTO  time  for  duty  under  the  Commissioner  of  Fish 
{23  Stat,  iM.)   ^j^^j  Fisheries,  any  officers  and  men  of  the  Revenue  Marine 
Service  whose  services  can  be  spared  for  such  duty. 

^stimates.^  The  Commissioner  of  Fish  and  Fisheries  shall  embrace 

{27'sidt.,  362.)  in  the  estimates  of  appropriations  for  the  Fish  Commis- 
sion for  the  flscal  year  eighteen  hundred  and  ninety-four, 
and  for  each  year  thereafter,  estimates  for  all  officers, 
clerks,  and  other  emplo3^ees  whose  services  are  permanent 
and  continuous  in  their  character  and  deemed  to  he  neces- 
sary for  an  efficient  and  economical  execution  of  the 
appropriations  for  the  Fish  Commission. 

stntomont    of     'j'jjp  Commissioner  of  Fish  and  Fisheries  shall  submit 

exiH'inlituivs  for  y->i  ,     .,  •  1    j_    •!     1      1.    i.  i.      J.' 

proijaj;ation.  to  Cougress  at  its  ucxt  scssiou  a  detailed  statement  ot 
fuktdt%s.)  the  expenditures  for  the  fiscal  year  eighteen  hundred  and 
eighty-seven  under  all  appropriations  for  "propagation  of 
food-fishes"  and  annually  thereafter  a  detailed  statement 
of  expenditures  under  all  appropriations  for  "propagation 
of  food-fishes"  shall  be  submitted  to  Congress  at  the 
beginning  of  each  session  thereof. 

Printing  re-     [There  shall  be  printed]  of  the  report  of  the  Commis- 
"^^Jhin.  12,  1895.  sioner  of  Fish  and  Fisheries  eight  thousand  coi^ies;  two 
^ec^Ts."  '^^'"^   thousand  for  the  Senate,  four  thousand  for  the  House,  and 
two  thousand  for  distrilnition  by  the  Bureau  of  Fisheries. 
^_  Printing  buiie-     [There  shall  be  printed]  of  the  bulletins  of  the  Bureau  of 
Fisheries  five  thousand  copies ;  one  thousand  for  the  Senate, 
two  thousand  for  the  House,  and  two  thousand  for  distri- 
bution by  the  Bureau. 


BUREAU    OF    FISHERIES  158 

Distrihution   of  dupliciitc  spccinions  of  tho      *     *     *spSem '''"  "^ 
Hiirciiu  of  Fisliorios  may  1>(>  miido  to  colh'o-os.  aeadiMiiios,    Auf/.j/iss^. 
and  otluM-  institutions  of  learMino'U[)on  tlu>  payiiuMit  l)y  tho    (-*'<"'•-•«-•) 
rocii)ients  of  tho  cost  of  propamtion  for  transportation 
and   tho   ti'ansportation   thoroof.      [Distrihution   is  made 
from  National  Musoum.] 

[An  oxhihit  l)y  tho  Buroau  oF  Fishorios  at  tho  Louisiana ehasflcxposi-' 
Purchaso  Exposition,  and  a  rojirostMitativo  of  tho  Buroau  t'on- 
on  United  States  Govonuiicut  board,  are  provided  for  b}-    Uisi'a/.',ii},-2.) 
law.  1 


All  nooossary  hospital  and  and)uhiiu'o  sorvnce     *     *     *  .  Hospitni  serv- 
on  vessels  of  the  Bureau  of  Fisheries  siiall  be  performed    JiniriT.is^s. 
by  the  members  of  said  corps  [naval  hospital].  (sosi„i.,.ws.) 

Facilities  for  stud}-  and  research  in   tlie  (xovornment  j,.||^'''^^"^'"''' f'"'''- 
r)ej>artmonts.     *     *     ""      the   Bur(>au   of   Fishorios,    and    Apr.n.js92. 
similar  institutions  hereafter  established  shall  bo  attordod    Ma^'j^mu^ 
to  sciontitic  investigators  and  to  duly  (lualitiod  individuals,    ^-'^  •^'"'-  ^"''^•) 
students  and  graduates  of  institutions  of  learning  in  the 
several  States  and  Territories,  as  well  as  the  District  of 
Columbia,  under  such  rules  and  restrictions  as  the  heads 
of  the  Departments  and  bureaus  mentioned  may  prescribe. 

[The  Bureau  of  Fisheries  is  provided  with  a  chief  clerk,  gj^.e^^""''^   °^ 
at  a  salary  of  $2,400  per  annum,  and   other  employees.    Appropriation 
Authority  for  tho  Commissioner  of  Fish  and  Fisheries "^^*" 
and  the  Deputy  Commissioner  is  given  on  pages  151, 152.] 


CHAPTER  Xm 
BUREAU  OF  NAVIGATION 


B}^  act  of  Congress  approved  Jul}"  5,  ISSi,  the  Bureau  of  Naviga- 
tion was  established  under  the  supervision  of  the  Secretary  of  the 
Treasury,  where  it  remained  until  July  1,  1903,  the  date  of  its  trans- 
fer to  the  Department  of  Commerce  and  Labor  l)y  act  approved  Feb- 
ruary li,  1903  (To  establish  the  Department  of  Commerce  and  Labor, 
sec.  10,  see  page  30).  At  the  time  of  the  establishment  of  the  Bureau 
of  Navigation,  its  various  fiuictions  were  exercised  by  United  States 
circuit  courts  and  by  different  branches  of  the  Treasury  Department, 
but  all  these  duties  are  combined  under  the  Commissioner  of  Naviga- 
tion who  is  given  plenary  jurisdiction  over  the  commercial  marine 
and  merchant  seamen  of  the  United  States,  so  far  as  they  are  not 
subject,  under  the  laws,  to  the  supervision  of  any  other  authoritv. 

The  act  of  July  5,  1S84,  specifically  allotted  to  the  Bureau  the  num- 
bering of  vessels  and  the  preparation  of  the  annual  list  of  merchant 
vessels  of  the  United  States  from  the  Bureau  of  Statistics;  the  prepa- 
ration of  annual  reports  of  tonnage,  the  filing  of  marine  documents 
of  vessels,  the  signing  of  ships'  registers  from  the  Register's  office; 
the  supervision  of  the  collection  of  tonnage  tax  and  the  decision  of 
questions  relating  to  merchant  marine,  fisheries,  and  seamen,  from 
the  Office  of  the  Secretary  of  the  Treasury;  the  supervision  of  shipping 
commissioners'  offices  and  employees,  and  the  shipment  and  discharge 
of  seamen,  from  the  United  States  circuit  courts,  and  other  matters 
under  the  clause  giving  general  jurisdiction  to  the  Commissioner  of 
Navigation  ov^er  the  commercial  marine  and  merchant  seamen. 

The  consolidation  of  the  business  in  one  bureau  checked  much 
duplication  of  work,  l)otli  in  the  Department  and  in  the  custom- 
houses, by  utilizing  information  which  before  had  been  reported  twice 
or  more,  and  advantage  was  taken  of  the  opportunity  to  abolish  or 
amend  man}"  forms  and  blanks.  It  also  gave  an  oi)portunity  to  abolish 
various  illegal  exactions  and  practices  in  shipping  offices  which  had  not 
been  brought  to  the  notice  of  the  courts,  then  exercising  executive 
functions  in  the  matter,  and  to  suggest  amendments  to  the  maritime 
laws,  the  passage  of  which  has  benefited  shipping  and  commerce. 
154 


BUREAU    OF    NAVICJATION 


155 


Additioiml  diitios  were  iin])(i'<tHl  upon  tlio  Cominissioiicr  hy  ricasury 
order  ot"  .luly  18,  1SS4.  which  proNidcs  that  the  duties  relatiiij^'  to  navi- 
u-atioii  liitherto  assio  ucd  to  the  Reo-ister  oi  the  Treasury  having;  been 
devolved  u[)on  liini.  he  shall  sion,  as  Conimlssioner  of  Navi<^"ation.  the 
certificates  of  registry  of  vessels  as  authorized  and  riM|U!red  hy  section 
415S  of  the  Kevised  Statutes;  that  he  shall  cause  to  he  transmitted  the 
HMjuisite  sui)i)ly  of  forms  of  such  instruments  to  collectors  of  customs; 
that  he  shall  treat  as  valid  and  still  in  force  all  such  outstanding-  instru- 
ments as  l)ear  the  signature  of  the  Register  of  the  Treasury ;  that  he  shall 
supervise  the  action  of  shipping  conuuissloners  as  devolved  upon  the 
Secretar}^  of  the  Treasury  hy  the  tenth  section  of  the  shipping  act 
appi'oved  June  20,  18S4;  that  with  the  approval  of  the  Secretary  of 
till'  Treasury,  he  shall  regulate  the  mode  of  conducting  business  in 
their  offices,  and  perform  sucli  other  duties  pertaining  to  the  care  of 
seamen  as  would  devolve  upon  the  Secretary  of  the  Treasury  ])y  virtue 
of  thepi'ovisioris  of  the  said  act  or  Title  LIU  of  the  Revised  Statutes; 
that  he  shall  give  instructions  to  collectors  of  customs  in  regard  to 
the  doi'umenting  of  vessels  and  their  clearance,  entrv,  and  movements, 
and  the  collection  of  tonnage  duties  therefrom  so  far  as  they  may  be 
required  bj'  the  provisions  of  said  shipping  act  and  Titles  XXXIV 
and  XLVIII  of  the  Revised  Statutes,  and  that  he  shall  also  issue  to 
collectors  of  customs  such  instructions  in  regard  to  the  entry  of  vessels 
into  ports  subject  to  quarantine,  as  may  l)e  required  by  the  public 
health,  and  permitted  hy  Title  LVIII,  etc.,  of  the  Revised  Statutes. 

In  harmony  with  the  act  of  Jid}'  5, 1884,  the  Secretary  of  the  Treasury 
assigned  to  the  Bureau,  June  22, 1887,  the  consideration  of  cases  arising 
under  the  laws  relating  to  fines,  penalties,  and  forfeitures  under  the 
marine  laws  and  their  remission  and  mitigation;  and  to  the  collection, 
preservation  and  sale  of  wrecked,  ahandoned,  and  derelict  propert}^ 
and  also  by  another  order,  the  con'sideration  of  questions  regarding  fees. 

A  Treasury  order  dated  December  9,  1899,  transferred  specifically 
to  the  Ihireau  of  Navigation  the  work  of  examining  and  disposing  of 
petitions  for  the  i-emission  of  fines,  penalties,  and  forfeitures  under 
laws  relating  to  navigation,  vessels,  steamboat  inspection,  and  pas- 
sengers. 

By  act  of  April  30, 1900,  the  laws  administered  l)y  the  Commissioner 
of  Navigation  were  extended  to  Hawaii;  the  same  was  done  in  the  case 
of  Porto  Rico  by  act  of  April  12,  1900. 


Commissioners  of 

.Y 

aviijallott 

iriti, 

dales 

of 

service. 

Name. 

From 

- 

1 

o — 

.Iiirvis  I'atton 

Jnlv 
Dec. 
Nov 
Mar. 
Dec. 

2S, 
3, 

M, 
H, 
1, 

18S.1 
i.ssd 
l.ss'J 
1892 
1893 

Dec. 
Nov. 
Mar. 
Nov. 

13! 
30,' 

1886 

Clmrl.sK. 

Morton  . 
.  Bates.. 

1889 

WiUiiim  W 

1892 

E<hv!iril  (' 

O'Brien 
Chamber 

1893 

Eugene  T. 

lain  .... 

Duties  of  Com 
niissioner,   regis- 


15G  BUREAU    OF    NAVIGATION 

LAW  PERTAINING  TO  THE  BUREATJ  OF  NAVIGATION 

Part  I 

[As  modifieil  l>y  act  of  February  14,  190:^,  see.  10,  see  page  30.] 

There  shall  be  in  the  Department  of  Commerce  and  La])oi' 
Creation  of  Bu-^f  the  United  States  a  Bureau  of  Navigation,  under  the 
/m/7/5,  jssi.  immediate  charge  of  a  Commissioner  of  Navigation. 
(23 Stat,  US.)  rpj^^  Commissioner  of  Navigation,  under  the  direction  of 
commissionor,  ^\yQ  Secretarv  of  Commerce  and  Lat)or,  shall  have  general 
tioii.  superintendence  of  the  conmierciai  marine  and  merchant 

^'^'^'  "■  seamen  of  the  United  States,  so  far  as  vessels  and  seamen 

are  not,  under  existing  laws,  subject  to  the  supervision  of 
any  other  officer  of  the  Government. 

He  shall  be  specially  charged  with  the  decision  of  all 
questions  relating  to  the  issue  of  registers,  enrollments, 
Ters,  etc.       °    and  licenses  of  vessels,  and  to  the  filing  ar.d  preserving  of 
those  documents;  and  wherever  in  title  forty-eight  [II.  S., 
4131-4305]  or  fifty  [R.  S.,  4311-1300]  of  the  lievised  Stat- 
utes any  of  the  abo^'e-named  documents  are  re(iuired  to  be 
surrendered  or  returned  to  the  Register  of  the  Treasurv, 
such  requirement  is  hercl)y  repealed,  and  such  documents 
shall  be  surrendered  and  returned  to  the  Conuuissioner  of 
Navigation.     Said  Commissioner  shall  have  charge  of  all 
similar  documents  now  in  the  keeping  of  the  Register  of 
the  Treasury,  and  shall  ptu'form  all  the  duties  hitherto 
devolved  upon  said  Register  relating  to  navigation. 
The  Commissioner  of  Navigation  shall  be  charged  with 
aiKitonnI|ftlxHl^<^'  supervision  of  the  laws  relating  to  the  admeasurement 
ice..?.  of  vessels,  and  the  assigning  of  signal  letters  thereto,  and 

of  designating  their  ofiicial  number;  and  on  all  questions 
of  interpretation  growing  out  of  the  execution  of  the  laws 
relating  to  these  subjects,  and  relating  to  the  collection  of 
tonnage  tax,  and  to  the  refund  of  such  tax  when  collected 
erroneously  or  illegally,  his  decision  shall  be  final. 

The  Commissioner  of  Navigation  shall  annuallv  prepare 
Listoi  vessels.  ^^^^^  publish  a  list  of  vcsscls  of  the  United  States  belong- 
ing to  the  commercial  marine,  specifying  the  ofiicial  num- 
ber, signal  letters,  names,  rig,  tonnage,  home  port,  and  place 
and  date  of  building  of  every  vessel,  distinguishing  in  such 
list  sailing-vessels  from  such  as  may  be  propelled  by  steam 
or  other  motive  power. 

He  shall  also  report  annually  to  the  Secretary  of  Com- 
veft*iK!vtion.''^ "'' "lei'tje  and  Labor  the  increase  of  vessels  of  the  United 
States,  by  building  or  otherwise,  specifying  their  num- 
ber, rig,  and  motive  power.  He  shall  also  investigate  the 
operations  of  the  laws  relative  to  navigation,  and  annually 
report  to  the  Secretarv  of  Commerce  and  Labor  such  par- 
ticulars as  ma}",  in  his  judgment,  admit  of  improvement  or 
may  require  amendment. 

The  Commissioner  of  Navigation  shall,  under  the  direc- 
tion of  the-  Secretary  of  Commerce  and  Labor,  be  empow- 


C  h  a  n  K  e 
name.s. 


Sec. 


Note. — Specific  lines  of  cleavage  between  the  duties  of  the  Secretary 
of  Commerce  and  Labor  and  of  the  Secretar_y  of  the  Treasury,  in  some 
of  the  laws  in  this  chajyter,  are  under  consideration  by  the  Attorney- 
(ieneral,  or  may  require  furtiicr  legislation.     See  page  34. 


BUREAU    OF    NAVIGATION  157 

orod  to  c'liiuiiiv  tlio  nunu's  of  vcs.sols  of  the  I'liitcd  States, 
uiuler  sueli  restrictions  as  iiray  have  ])eeii  or  shall  he  ])re- 
scrihed  hy  act  of  Congress, 

The  C'onmiissioner  of  Naviti'ation  shall  he  a]ipoiiite(l  hy    !'"i>uiiission- 
the  Fresidi'iit  of  the  United  States,  hy  and  with  th(>  ad\ice".s,i''.'J!"' 
and  consent  of   the  S(Miate.  and  shall  receive  a  salary  of 
four  thousand  dollai's  jier  auiuini.     And  the  Secretarv  of 
Coninierce  and  Lahor  shall  have  power  to  transfer  from 
existinji"  Bureaus  or  divisions  of  the  DepartnuMit  of  Com- 
merce and  La])or  one  clerk,  to  he  desiuiiated  as  deputy    peputy    com- 
commissioner  of  navi^'ation,"  to  act  Avith  the  full  })<)wers  of '^'"'*'^""^'''- 
said  C'onunissioncr  during-  his  temporary  ahsence  from  his 
otiicial  duty  for  any  cause,  and  such  additional  clerks  as 
he  may  consider  necessary  to  the  successful  o])eration  of 
t\\o  Buretui  of  Naviijation,  without  impalrino- the  efHciency 
of  the  liureaus  or  di\'isions  whence  such  clerks  may  he 
transferred. 

SHirpixG  co:mmission  eks 

The  Secretarv  of  Commerce  and  Lahor  shall  appoint  a 
commissioner  for  each  port  of  cntiy,  Avhich  is  also  a  port  jmie'sliim. 
of  oct^an  navigation,  and  which,  in  his  judonient,  may  (~3 stat, 5'j.) 
re(|uire  the  same;  such  connnissioner  to  he  termed  a  ship- 
l)ino"  connnissioner,  and  may,  from  time  to  time,  remove 
from  ottice  anv  such  commissioner  whom  he  may  have 
reason  to  helieve  does  not  properly  perform  his  duty,  and 
shall  then  provide  for  the  proper  performance  of  his 
duties  until  another  j)erson  is  duly  appointed  in  his  place: 
Pfoi'idd^  That  Shipping  Connnissioners  now  in  office  shall 
contiiuie  to  perform  the  duties  thei'eof  until  others  shall  he 
a})])ointed  in  their  places.  Shipping  Commissioners  shall 
monthly  render  a  full,  exact,  and  itemized  account  of  their 
leceipts  and  expenditures  to  the  Secretary  of  Commerce 
and  Lihor,  who  shall  determine  their  compensation,  and 
shall  from  time  to  time  determine  the  numher  and  com- 
pensation of  the  clerks  appointed  hy  such  commissioner, 
with  tlu>  approxal  of  the  Secretary  of  Commerce  and 
Lahor,  suhject  to  the  limitations  now""  fixed  by  l;iw.  The 
Secretary  of  Commerce  and  Lahor  shall  regulate  the  mode 
of  conducting  husiness  in  the  shipping  offices  to  he  estah- 
lished  by  the  shi])ping  connnissioners  as  hereinafter  pro- 
vided, and  shall  have  full  and  complete  control  over  the 
same,  subject  to  the  provisions  herein  contained;  and  all 
ex))enditures  by  shipping  commissioners  shall  be  audited 
and  adjusted  in  the  Treasury  DepartnuMit  in  the  mode  and 
manner  provided  for  expenditures  in  the  collection  c)f  f"l%at.,'sij") 
customs. 

Every  shi])ping-comnnssioner  so  appointed  shall   give 
bond  to  the  United  States,  conditioned  for  the  faithful  per-  ping 'V 
formance  of  the  duties  of  his  office,  for  a  sum,  in  t\w  dis-''i™'=r.  ^^^ 
cretion  of  the  circuit  judge,  of  not  less  than  five  thousand 
dollars,  with  two  good  and  sufficient  sureties  therefor,  to 

"  A  clerk  of  class  4,  with  $600  additional  compensation.     The  Bureau 
has  such  personnel  as  is  provided  in  the  appropriation  act  each  year. 


Bond,     sliip- 
(imm  is- 


158  BUREAU    OF    NAVIGATION 

be  approved  b}^  such  judge;  and  .shall  take  and  subscribe 
the  following  oath  before  enterinj]^  upon  the  duties  of  his 
office:  "1  do  solemnly  swear  (or  affirm,  as  the  case  may 
be)  that  I  will   support  the  Constitution  of  the  United 
States,  and  that  I  will  truly  and  faithfully  discharge  the 
duties  of  a  shipping-conunissioner  to  the  best  of  my  ability, 
and  according"  to  law.''     Such  oath  shall  be  indorsed  on  the 
commission  or  certiticate  of  appointment,  and  signed  by 
him,  and  certified  by  the  officer  before  whom  such  oath 
shall  have  been  taken. 
Clerks  to  ship-      Any  shippiug-commissioner  may  engage  clerks  to  assist 
sioner.'^"™'"*'^  him  in  the  transaction  of  the  business  of  the  shipping-office, 
jcm'if^isss.    ^t  ^'^^  o^"  proper  cost,  and  may,  in  case  of  necessity,  depute 
(■22kat.,m.)    .such  clerks  to  act  for  him  in  his  official  capacity;  but  the 
{Tsstai,  50.)    shipping-commissioner  shall  be  held  responsible  for  the 
fimfi'n  i.ss«     ''^^^^  ^^  every  such  clerk  or  deputy,  and  will  be  personalis 
(2i  Stat,  80.)    liable  for  any  penalties  such  clerk  or  deputy  may  incur 
l)y  the  violation   of  an}"  of  the  provisions  of  this  Title 
[R.  S.,  4501-4:61^];  and  all  acts  done  by  a  clerk,  as  such 
deputy,  shall  be  as  valid  and  binding  as  if  done  by  the 
shipping-commissioner. 
Seal  of  ship-      Each  shipping-commissioncr  shall    provide  a  seal  with 
sionel-.''^  wdiich  he  shall  authenticate  all  his  official  acts,  on  which 

£.  s.,/.5oo.       j^^.^i  j^i^.^ji  }jQ  engraved  the  arms  of  the  United  States,  and 
the  name  of  the  port  or  district  for  which  he  is  commis- 
sioned.    Any  instrument,  either  printed  or  written,  pur- 
porting to  be  the  official  act  of  a  shipping-commissioner, 
and  purporting  to  be  under  the  seal  and  signature  of  such 
shipping-commissioner,  shall  be  received  as  presumptive 
evidence  of  the  official  character  of  such  instrument,  and 
of  the  truth  of  the  facts  therein  set  forth. 
Offices  of  ship-     The  Sccrctar}^  of  Commerce  and  Labor  shall  assign  in 
sionerf ''°^™"^  pul)lic  buildiugs  or  otherwise  procure  suitable  offices  and 
Mm-'.'s'^m?.     I'ooms  for  the  shipment  and  discharge  of  seamen,  to  be 
{29kaL,687.)  kuowu  as  shipping  coiiimissioners'  offices,  and  shall  pro- 
(s^'stal,  829.)  cure  furniture,  stationery,  printing,  and  other  requisites 
.Sec.  io.  ^Q^.  ||-|g  transaction  of  the  ])usiness  of  such  offices. 

Pay  of    ship-     jj^  j^q  (..^se  shall  the  salary,  [fees,  and  emoluments]  of 
Smfer!^"™      ''  any  officcr  appointed  under  this  Title  [R.  S.,  4501-4013] 
June  warn.    ^'G  more  than  five  thousand  dollars  per  annum  [;  and  any 
(u  Stat'.,  79.)     additional  fees  shall  be  paid   into  the   Treasurv  of   the 
United  States], 
pin'g -  com  m i s-     The  gcncj-al  duties  of  a  shipping-commissioner  shall  ])e: 
^^°J}^1-  ,   r.  First.  To  ati'ord  facilities  for  engaging  seamen  bv  keep- 

ing  a  register  of  their  names  and  characters. 

Second.  To  superintend  their  engagement  and  discharge, 
in  manner  prescribed  ))y  law. 

Third.  To  provide  means  for  securing  the  pi'csence  on 
board  at  the  proper  times  of  men  who  are  so  engaged. 

Fourth.  To  facilitate  the  making  of  apprenticeships  to 
the  sea  service. 

Fifth.  To  perform  such  other  duties  relating  to  merchant 
seamen  or  merchant  ships  as  are  now  or  may  hereafter  be 
required  by  law. 


BUREAU    OF    NAVIGATION  159 

III  uiiv  port  in  -syhicli  no  ship})'mu-c()iniiiissi()ii(M'  ^^li:'!' .,^*Jillppi\\'^,.\"^ 
hiivo  hoiMi  appointed,  the  wholo  or  any  part  of  the  business  missidiuT. 
of  a  shippinu'-eoHunissioner  shall  he  ennchiett'd  hy  the  col- 
U'ctor  or  (U'puty  eolkn-tor  of  customs  of  sucli  ])()rt;  and  in 
respect  of  such  business  such  custoni-hous<>  sliall  he  deemed 
a  shii)i)in«'-otlice.  and  the  coUectoi"  or  de|)utv  coUector  of 

'  '       ■""        1  II         •  I      11   1  -^^      I        1      11        .June  in,  mm. 

customs  to  >vhom  such  husuiess  sh;ul  he  conunitted,  shall.     (?/,  s/n^.  ?.•'.) 
for  all  purposes,  l)edeennHlashlppinu"-commissioner  witiiin 
the  meanino-  of  this  Title  [K,  S.,  4501-4:012]. 

Kverv  siiij)i)ini«-commissioner,  and  everv  clerk  or  em-    ,,,     , 
ploye  m  any  shippmo'-otiice,  who  demands  or  receives  any  nu'ius. 
n'inuneration  whatever,  either  directly  or  indirectly,  for    ^■■'■'''^^^ 
hirinii'  or  supplyiiiLi'  any  seaman  for  any  merchant-vessels, 
cxceptiii.u'  the  lawful  fees  payable  imdiM-  this  Title  [R.  S., 
4,'')(il-4()Io].  shall,  for  every  such  oll'ense,  be  liable  to  a  pen- 
alty of  not  more  than  two  hundred  dollars.      [Fees  payable 
by  individuals  al)olished  June  II'.  lSS(i.  |  '■ '■"' 

AH  shipiiKMits  of  seamen  iiuule  contrary  to  the  provi- 
sions of  any  act  of  Cono-ress  shall  be  void;  and  any  seaman 
so  slii])ped  may  leave  the  service  at  an^'  time,  and  shall  l)e 
entitled  to  recover  the  hig-hest  rate  of  wages  of  the  port 
from  which  the  seaman  was  shipped,  or  the  sum  agreed  to 
be  given  him  at  his  shipment. 

Any  person  other  than  a  commissioner  under  this  Title 
[R.  S.,  -1:501-4012],  who  shall  perform  or  attempt  to  per- 
form, either  directly  or  indirectly,  the  duties  which 
arc  by  this  Title  set  forth  as  pertaining  to  a  shipping-  -''•''•' ^'^^• 
commissioner,  shall  be  liable  to  a  penalt}'  of  not  more  than 
five  hundred  dollars. 

VESSELS 

The  Avord  "vessel"  includes  oycvy  d(\scription  of  water- ^./Jj,'^^'""""  "^ 
craft  or  other  artificial  contrivance  used  or  capable  of  l>eing    -R-  ''^■,  ^^. 
used  as  a  means  of  transportation  on  water. 

Vessels  registered  pursuant  to. law  and  no  others,  except  ^•,yi^e^fyt,,'ty'^'^ 
such  as  shall  l)e  duly  qualilied  according  to  law  foi-  carrying    -R-  *'•.  ''i^^- 
on  the  coasting  or  fishing  trade,  shall  be  deemed  vessels  of 
the  United  States,  and  entitled  to  the  benefits  and  privileges 
ap])ertaiiilng  to  such  vessels;  but  no  such  vessel  shall  enjoy 
such  Ix'iietits  and  privileges  longer  than  it  shall  continue  to 
be  wholly  owned  })y  a  citizen  or  citizens  of  the  United  States 
or  a  corporation  created  under  the  laws  of  any  of  the  States 
thereof,  and  be  commanded  bv  a  citizen  of  the  United  States. 
And  all  the  ofiicers  of  vessels  of  the  United  States  who  shall    ({^'ii^/./J^^- 
lia\e  charge  of  a  Avatch,  including  pilots,  shall  in  all  cases 
l>e  citizens  of  the  United  States.     [  See  also  Ofiicers  of 
vessels,  page  1S8.] 

No  vessel  which  has  been  recorded  or  registered  as  an     '''•  •"'■•  ■''^3■^■ 
American  vessel  of  the  United  States,  pursuant  to  law. 
and  which  was   licensed  or  otlierwis(>  authorized  to  sail 
under  a  foreign  Hag,  and  to  have  the  protection  of  any 
foreign  government  during  the  existence  of  the  rebellion, 


160  BUREAU    OF   NAVIGATION 

shall  be  deemed  or  registered  as  a  vessel  of  the  United 
States,  or  shall  have  the  rights  and  privileges  of  vessels 
of  the   United  States,    except  under   provisions   of  law 
especially  authorizing  such  registr3\ 
Rcgisterod  vos-      Vessels  built  within  the  United  States,  and  ))elonging 
"*"/?!  .v.,  itis2.       wholly  to  citizens  thereof,  and  vessels  which  nia}^  be  cap- 
tured in  war  ])y  citizens  of  the  United  States,  and  lawful!}^ 
condenuied   as   prize,  or  which  may  l)e  adjudged  to  be 
forfeited  for  a  breach  of  the  laws  of  the  United  States, 
being  whoU}'  owned  by  citizens,  and  no  others,  may  be 
registered  as  directed  in  this  title  [R,  S.,  4131-43<J5]. 
j'/^'s'^jfl)  ^  ^^  Commissioner  of  Navigation  may  issue  a  register  or 

(;23stat.,  US.)   enrollment  for  any  vessel  built  in  a  foreign  countr}',  when- 
sec.  -z.  g^.p^.  j^^(.jj  vessel  shall  be  wrecked  in  the  United  States,  and 

shall  be  purchased  and  repaired  bv  a  citizen  of  the  United 
States,  if  it  shall  be  proved  to  the  satisfaction  of  the  Com- 
missioner that  the  repairs  put  upon  such  vessel  are  equal 
to  three-fourths  of  the  cost  of  the  vessel  when  so  repaired. 
w'^'/^wr  ^  vessel  registered  pursuant  to  law,  which  by  sale  has 

X^dknt.Js'J.)    become  the  i:)ropert3"  of  a  foreigner,  shall  be  entitled  to  a 
Sec.  10.  j-|g^  register  upon  afterwards  becoming  American  prop- 

erty, unless  it  has  been  enlarged  or  undergone  change  in 
build  outside  of  the  United  States, 
seis.^^*^^"^^  ^  ^^^        All  vessels  which  may  clear  with  registers  for  the  pur- 
R.s.,/,s3'j.       pose  of  engaging  in  the  whale  fishery  shall  l)e  deemed  to 
have  lawful  and  sufficient  papers  for  such  voyages,  secur- 
ing the  privileges  and  rights  of  registered  vessels,  and  the 
privileges  and  exemptions  of  vessels  enrolled  and  licensed 
for  the  fisheries. 
iicensed%e.s^eis.     Vcsscls  of  twenty  tons  and  upward,  enrolled  in  pursu- 
R.  s.,  usn.       j^j^pe  of  ^i^ig  xitle  [R.  S. ,  4311-431)0],  and  having  a  license  in 
force,  or  vessels  of  less  than  twenty  tons,  which,  although 
not  enrolled,  ha^c  a  license  in  force,  as  required  by  this 
Title,  and  no  others,  shall  be  deemed  vessels  of  the  United 
States  entitled  to  the  privileges  of  vessels  employed  in  the 
coasting-trade  or  fisheries. 

Any  steam))oat  employed  or  intended  to  be  employed 
only  in  a  river  or  bay  of  the  United  States,  owned  wholly 
or  in  part  by  an  alien  resident  within  the  United  States, 
may  be  enrolled  and  licensed,  as  if  the  same  lielonged  to  a 
citizen  of  the  United  States,  subject  to  all  the  provisions 
of  this  Title  [R.  S.,  4311-431)0],  except  that,  in  such  case,  no 
oath  shall  be  required  that  the  boat  belongs  to  a  citizen  of 
the  United  States. 
i{.  s.,  m7.  Such  resident  alien,  owner  of  any  steamboat,  upon  appli- 

cation for  enrollment  or  license,  shall  give  hond  to  the 
collector  of  the  district,  for  the  use  of  the  United  States, 
in  the  penalty  of  one  thousand  dollars,  with  sufficient 
surety,  conditioned  that  the  boat  shall  not  be  employed 
in  other  waters  than  the  rivers  and  bays  of  the  United 
States. 
li.  s.,  ms.  ji^^y  vessel  of  the  United  States,  navigating  the  Traters 

on    the  northern,    northeastern,  and   northwestern  fron- 
tiers, otherwise  than  by  sea,  shall  be  enrolled  and  licensed 


I!,  s. 


BUREAU    OF    NAVIGATION  161 

in  such  form  as  other  vessels;  such  enrollment  .and  license 
shall  uutliorizo  any  such  vessel  to  be  employed  either  in 
the  roastiny  or  foreio-n  trade  on  such  frontiers,  and  no 
(icrtiricatc  of  registry  shall  bo  rc(iuired  for  vessels  so  em- 
ployed. Such  vessel  shall  be,  in  every  other  respect,  liable 
to  the  reonlations  and  penalties  relating  to  registered  and 
iiciMised  N'ossols. 
li(>fore  anv  vessel,  of  the  burden  of  five  tons,  and  less    i'i<'<''ife'i  ves- 

1  ,  J.     \  1      II   I       1-  1     i.1  sols  under  tweii- 

than  twenty  tons,  shall  be  licensed,  the  same  measurement  ty  tons. 
shall  be  made  of  such  vessel,  and  the  same  provisions  ''''  ''■'  ''■'"'^" 
observed  relative  thereto,  as  are  to  be  observed  in  case  of 
measuring  vessels  to  be  registered  or  enrolled;  but  in  all 
cases,  where  such  vessel  or  any  other  licensed  vessel  shall 
have  l)een  once  measured,  it  shall  not  l)e  necessary  to 
inoasur(>  such  vessel  anew,  for  the  purpose  of  obtaining 
another  enrollment  or  license,  unless  such  vessel  shall  have 
undergone  some  alteration  as  to  her  burden,  subsequent 
to  the  time  of  her  former  license. 

The  act  [R.  S.,  4311-4885]  to  which  this  is  a  supplement  ^,^J^";Jf;;^'""''"t«'*^ 
shall  not  be  so  construed  as  to  extend  the  provisions  of  the    Apr.'is,  mi. 
said  act  to  canal  boats  or  boats  employed  on  the  internal    (^^'^''"'•'^^•) 
waters  or  canals  of  an}^  State;  and  all  such  boats,  except- 
ing onl}^  such  as  are  provided  with  sails  or  propelling 
machinery  of  their  own  adapted  to  lake  or  coastwise  navi- 
gation, and  excepting  such  as  are  employed  in  trade  with 
the  Canadas,  shall  be  exempt  from  the  provisions  of  the 
said  act,  and  from  the  payment  of  all  customs  and  other 
fees  under  anv  act  of  Congress. 

The  provisions  of  title  lifty  [R.   S.,  4311-4390]  of  the    ^r/'.^y^Vf^ 
Revised  Statutes  of  the  United  States  shall  not  be  so  con-    Jinicui.'issn. 
strued  as  to  require  the  paj^ment  of  any  fee  or  charge  for    ^~'* -'"'••  '^-^ 
the  enrolling  or  licensing  of  vessels,  built  in  the  United 
States  and  owned  by  citizens  thereof,  not  propelled  by  sail 
or  by  internal  motive  power  of  their  own,  and  not  in  any 
case  cari'ving  passengers,  whether  navigating  the  internal 
waters  of  a  State  or  the  navigable  waters  of  the  United 
States,  and  not  engaged  in  trade  with  contiguous  foreign 
territory,  nor  shall  this  or  any  existing  law  be  construed  to 
require  the  enrolling,  registering  or  licensing  of  any  flat 
boat,  barge  or  like  craft  for  the  carriage  of  freight,  not 
propelled  ])y  sail  or  by  internal  motive  power  of  its  own, 
on  the  rivers  or  lakes  of  the  United  States. 

Nothing  in  this  Title  [R.  S.,  4311-4300]  shall  be  con-    R.s.,m-i. 
stilled  to  extend  to  any  boat  or  lighter  not  being  masted, 
or  if  masted  and  not  decked,  employed  in  the  harbor  of 
an}'  town  or  city. 

The  Commissioner  of    Navigation   shall   have   power,  ^,Jr^""^''''   ""°^" 
under  such  regulations  as  he  shall  prescribe,  to  establish    £  s.,  urn. 
and  provide*  a  system  of  numl)ering  vessels  so  registered,    i^s's^al^fik) 
enrolled,  and  licensed;   and  each  vessel  so  numbered  shall 
have  her  numlier  deeply  carved  or  otherwise  permanently 
marked  on  her  main  beam;   and  if  at  any  time  she  shall    Juncig.isse. 
cease  to  l)e  so  marked,  such  vessel  shall  l)e  liable  to  a  fine    ^I's"'"'^*^ 
of  thirt}'  dollars  on  every  arrival  in  a  port  of  the  United 
27628—04 11 


162  BUEEAU    OF   NAVIGATION 

States  if  she  have  not  her  proper  official  number  legally 
carved  or  permanentl}^  marked. 
K^f.%7.''''^'     The  name  of  every  documented  vessel  of  the  United 
m'sM^fJs)   '^^^^^^  ^l^*^!^  ^^^  marked  upon  each  bow  and  upon  the  stern, 
jan.2o','m7'.    and  the  home  port  shall  also  ])e  marked  upon  the  stern. 
(29  Stat.,  m.)  Xhese  names  shall  be  painted  or  gilded,  or  consist  of  cut  or 
carved  or  cast  roman  letters  in  light  color  on  a  dark  ground, 
or  in  a  dark  color  on  a  light  ground,  secured  in  place,  and 
to  be  distinctly  visible.    The  smallest  letters  used  shall  not 
be  less  in  size  than  four  inches.     If  any  such  vessel  shall  ])e 
found  without  these  names  being  so  marked  the  owner  or 
owners  shall  be  liable  to  a  penalty  of  ten  dollars  for  each 
June 26, 18SL    name  omitted.    The  word  "■port,''  as  used  in  section  forty- 
^ec^u."  ^^'^     one  hundred  and  seventy-eight  shall  be  construed  to  mean 
either  the  port  where  the  vessel  is  registered  or  enrolled, 
or  the  place  in  the  same  district  where  the  vessel  was  built 
or  where  one  or  more  of  the  owners  reside. 
R.s.,u95.  P^very  steam  vessel  of  the  United  States,  in  addition  to 

having  her  name  painted  on  her  stern,  shall  have  the  same 
Feb.  pi.  mi,  conspicuously  placed  in  distinct,  plain  letters,  of  not  less 
(26  Stat.,  / 05.)  ^i^^j^  g|^  inches  in  length  on  each  outer  side  of  the  pilot- 
house, if  it  has  such,  and  in  case  the  vessel  has  side  wheels, 
also  on  the  outer  side  of  each  wheel-house;  and  if  any  such 
steamboat  be  found  without  having  her  name  placed  as 
required,  she  shall  be  subject  to  the  same  penalty  as  pro- 
vided by  law  in  the  case  of  a  vessel  of  the  United  States 
found  without  having  her  name,  and  the  name  of  the  port 
to  which  she  belongs,  painted  on  her  stern 
Change  of  No  master,  owner,  or  agent  of  an}^  vessel  of  the  United 
n.  s.,  1,179.  States  shall  in  any  way  change  the  name  of  such  vessel,  or 
by  any  device,  advertisement,  or  contrivance  deceive  or 
attempt  to  deceive  the  public,  or  au}^  officer  or  agent  of 
the  United  States,  or  of  any  State,  or  any  corporation  or 
agent  thereof,  or  any  person  or  persons,  as  to  the  true 
name  or  character  of  such  vessel,  on  pain  of  the  forfeiture 
of  such  vessel. 
Juiyp,  issu.^  The  Commissioner  of  Navigation  shall,  under  the  direc- 
sec.5^''  ^  tion  of  the  Secretary'  of  Commerce  and  Labor,  be  empow- 
ered to  change  the  names  of  vessels  of  the  United  States, 
under  such  restrictions  as  may  have  been  or  shall  be  pre- 
scribed by  act  of  Congress. 
Mar.  2,1881.  The  Secretary  of  Commerce  and  Labor  be,  and  here])y 
^^ciT'i-^'^'^  is,  authorized  to  permit  the  owner  or  owners  of  any  vessel 
duly  enrolled  and  found  seaworthy  and  free  from  debt  to 
change  the  name  of  the  same,  when,  in  his  opinion,  there 
shall  be  sufficient  cause  for  so  doing.  The  Secretary  of 
Commerce  and  Labor  shall  establish  such  rules  and  regu- 
lations and  procure  such  evidence  as  to  the  age,  condition, 
where  built,  and  pecuniary  liability  of  the  vessel  as  he 
may  deem  necessary  to  prevent  injury  to  public  or  private 
interests;  and  when  permission  is  granted  by  the  Secre- 
tary, he  shall  cause  the  order  for  the  change  of  name  to 
be  published  at  least  in  four  issues  in  some  daily  or  weekly 
paper  at  the  place  of  register;  and  the  cost  of  procuring 


name. 


BUREAU    OF    NAVIGATION  103 

evidonco  and  advertising^  the  change  of  name  to  l)e  paid 
hv  the  ])ers()n  or  persons  desiring  such  cliange  of  name. 

The  draugiit  of  every  registered  vessel  sliall  be  marked  ych!f^!%!)i. 

upon  tlie  stem  and   stern  post,  in  Engiisli  feet  or  decime-  (is-'^;^"'-.  t^'-''") 

tcrs,  in  either  Aral)ic  or  Roman  numerals.     The  ))ottom  'jaiuio.isyT. 

of  each  numeral  shall  indicate  the  draught  to  that  line.  Mc.  ^."'"  '''''^'^ 

MEASUREMENT   OF   VESSELS 

Before  any  vessel  shall  be  registered,  she  shall  be  meas-  ^-  ^■'  "''^■ 
nred  by  a  surveyor,  if  there  be  one,  or  by  the  person  he 
shall  appoint,  at  the  port  or  phu^e  where  the  vessel  may  be, 
and  if  there  ])e  none,  by  such  person  as  the  collector  of  the 
district  ^\•ithin  which  she  may  be  shtdl  appoint.  But  in 
all  cases  where  a  vessel  has  before  l)een  registered  as  a 
vessel  of  the  United  States,  it  shall  not  be  necessary  to 
measure  her  anew,  for  the  purpose  of  obtaining  another 
register;  unless  such  vessel  has  undergone  some  alteration 
as  to  her  burden,  subsequent  to  the  time  of  her  former 
registr}'. 

The  officer  or  person  l)y  whom  such  measurement  is  J^-*'-.  was- 
made  shall,  for  the  information  of  and  as  a  voucher  to  the 
officer  ))y  whom  the  registry  is  to  ])e  made,  grant  a  certi- 
Hcatc.  specifying  the  build  of  the  vessel,  her  numl)er  of 
decks  and  masts,  her  length,  breadth,  depth,  the  number 
of  tons  she  measures,  and  such  other  particulars  as  are 
usually  descriptive  of  the  identity  of  a  vessel,  and  that 
her  name,  and  the  place  to  which  she  belongs,  are  painted 
on  her  stern  in  manner  required  by  this  Title  [R.  S.,  4131- 
1305];  which  certificate  shall  be  countersigned  by  an 
owner,  or  l)y  the  master  of  such  vessel,  or  by  some  other 
]ierson  who  shall  attend  her  admeasurement,  on  behalf  of 
her  owner  or  owners,  in  testimony  of  the  truth  of  the 
particulars  therein  contained;  without  which  the  certifi- 
cate shall  not  be  valid. 

The  registry  of  every  vessel -shall  express  her  length  K.s.,ii5o. 
and  breadth,  together  with  her  depth  and  the  height  under 
th(^  third  or  spar  deck,  which  shall  l)e  ascertained  in  the 
following  manner:  The  tonnage  deck,  in  vessels  having 
three  or  more  decks  to  the  hull,  shall  be  the  second  deck 
from  below;  in  all  other  cases  the  upper  deck  of  the  hidl 
is  to  be  the  tonnage-deck.  The  length  from  the  fore  part 
of  the  outer  planking  on  the  side  of  the  stem  to  the  after 
part  of  the  main  stern-post  of  screw-steamers,  and  to  the 
after  part  of  the  rudder-post  of  all  other  vessels  measured 
on  the  top  of  the  tonnage-deck,  shall  be  accounted  the 
vessel's  length.  The  breadth  of  the  lu'oadest  part  on  the 
outside  of  the  vessel  shall  be  accounted  the  vessePs  breadth 
of  l)eam.  A  measure  from  the  luider  side  of  the  tonnage- 
dock  plank,  amidships,  to  the  ceiling  of  the  hold,  (average 
thickness.)  shall  l)e  accounted  the  depth  of  hold.  If  the 
vessel  has  a  third  deck,  then  the  height  from  the  top  of 
the  tonnage-deck  plank  to  the  under  side  of  the  upper- 
deck  plank  shall  be  accounted  as  the  height  under  the 
spar-deck.     All  measurement  to  be  taken  in  feet  and  f rac- 


164  BCTEEAU    OF   NAVIGATION 

tions  of  feet;  and  all  fractions  of  feet  shall  be  expressed 
in  decimals. 
R.  s.,  um.  No  part  of  any  vessel  shall  be  required  by  the  preceding 

section  to  be  measured  or  registered  for  tonnage  that  is 
used  for  cabins  or  state-rooms,  and  constructed  entirely 
above  the  first  deck,  which  is  not  a  deck  to  the  hull. 
Gro?s  tonnage.  The  register  tonnage  of  every  vessel  built  within  the 
United  States  or  owned  by  a  citizen  or  citizens  thereof 
shall  be  her  entire  internal  cubical  capacit}"  in  tons  of  one 
hundred  cubic  feet  each,  to  be  ascertained  as  follows: 
Measure  the  length  of  the  vessel  in  a  straight  line  along 
the  upper  side  of  the  tonnage-deck,  from  the  inside  of  the 
inner  plank,  average  thickness,  at  the  side  of  the  stem  to 
the  inside  of  the  plank  on  the  stern-timbers,  average  thick- 
ness, deducting  from  this  length  wliat  is  due  to  the  rake 
of  the  bow  in  the  thickness  of  the  deck,  and  what  is  due  to 
the  rake  of  the  stern -timber  in  the  thickness  of  the  deck, 
and  also  what  is  due  to  the  rake  of  the  stern-timber  in  one- 
third  of  the  round  of  the  beam;  divide  the  length  so  taken 
into  the  number  of  equal  parts  required  by  the  following 
tal)le,  according  to  the  class  in  such  table  to  which  the 
vessel  belongs: 

Class  one.  Vessels  of  which  the  tonnage  length  accord- 
ing to  the  above  measurement  is  fift}"  feet  or  under:  into 
six  equal  parts. 

Class  tw^o.  Vessels  of  which  the  tonnage  length  accord- 
ing to  the  above  measurement  is  aljove  fifty  feet  and  not 
exceeding  one  hundred  feet:  into  eight  equal  parts. 

Class  three.  Vessels  of  which  the  tonnage  length  accord- 
ing to  the  above  measurement  is  above  one  hundred  feet, 
and  not  exceeding  one  hundred  and  fifty  feet:  into  ten 
equal  parts. 

Class  four.  Vessels  of  which  the  tonnage  length  accord- 
ing to  the  above  measurement  is  above  one  -bundred  and 
fifty  feet,  and  not  exceeding  two  hundred  feet:  into  twelve 
equal  parts. 

Class  five.  Vessels  of  which  the  tonnage  length  accord- 
.   ing  to  the  above  measurement  is  abo^'e  two  hundred  feet, 
and  not  exceeding  two  hundred  and  fifty  feet:  into  fourteen 
equal  parts. 

Class  six.  Vessels  of  which  the  tonnage  length  accord- 
ing to  the  above  measurement  is  above  two  hundred  and 
fifty  feet:  into  sixteen  equal  parts. 

Then,  the  hold  being  suflicientl}^  cleared  to  admit  of  the 
required  depths  and  breadths  being  propcrl}"  taken,  find 
the  transverse  area  of  such  vessel  at  each  point  of  division 
of  the  length  as  follows: 

Measure  the  depth  at  each  point  of  division  from  a  point 
at  a  distance  of  one-third  of  the  round  of  the  beam  below 
such  deck;  or,  in  case  of  a  break,  below  a  line  stretched 
in  continuation  thereof,  to  the  upper  side  of  the  floor- 
timber,  at  the  inside  of  the  limber-strake,  after  deducting 
the  average  thickness  of  the  ceiling,  which  is  between  the 
bilge-planks  and  limber-strake;  then,  if  the  depth  at  the 


BUREAU    OF    NAVIGATION  165 

midship  division  of  the  leiio;tli  do  not  exceed  sixteen  feet, 
divido  vM-h  dojitli  into  four  (miiuiI  purts;  then  niotisure  the 
iiisiilc  horizontal  breadth,  at  each  of  the  three  ])oints  of 
division,  and  also  at  the  upper  and  lower  points  of  the 
depth,  extcndino-  each  measurement  to  the  average  thick- 
ness of  that  part  of  the  ceiling-  which  is  between  the  points 
of  measurement;  number  these  breadths  from  above, 
luunbering  the  upper  l)readth  one,  and  so  on  down  to  the 
lowest  breadth;  nudtiply  the  second  and  fourth  ])y  four, 
and  the  third  l)v  two;  add  these  products  together,  and  to 
the  sum  add  the  lirst  breadtli  and  the  last,  or  fifth;  mul- 
tiplv  the  (luantity  thus  obtained  by  one-third  of  the  com- 
mon interval  between  the  breadths,  and  the  product  shall 
be  deemed  the  transverse  area;  but  if  the  midship  depth 
exceed  sixteen  feet,  divide  each  depth  into  six  equal  parts, 
instead  of  four,  and  measure  as  before  directed,  the  hori- 
zontal breadths  at  the  five  points  of  division,  and  also  at 
the  upper  and  lower  points  of  the  depth;  numl)er  them 
from  above  as  before;  multiply  the  second,  fourth,  and 
sixth  by  four,  and  the  third  and  fifth  by  two;  add  these 
products  together,  and  to  the  sum  add  the  tirst  lireadth 
and  the  last,  or  seventh;  multiply  the  quantities  thus 
obtained  by  one-third  of  the  common  interval  between  the 
breadths,  and  the  product  shall  be  deemed  the  transverse 
area. 

Having  thus  ascertained  the  transverse  area  at  each 
point  of  division  of  the  length  of 'the  vessel,  as  required 
a))ove,  proceed  to  ascertain  the  register  tonnage  of  the 
vessel  in  the  following*  manner: 

Number  the  areas  successively  one,  two,  three,  and  so 
forth,  number  one  being  at  the  extreme  limit  of  the  length 
at  the  bow,  and  the  last  number  at  the  extreme  limit  of  the 
length  at  the  stern;  then,  whether  the  length  be  divided 
according  to  the  table  into  six  or  sixteen  parts,  as  in  classes 
one  and  six,  or  any  intermediate  number,  as  in  classes  two, 
three,  four,  and  live,  multiply  thfe  second,  and  every  even- 
numbered  area  by  four,  and  the  third,  and  every  odd-num- 
])ered  area,  except  the  first  and  last,  by  two;  add  these 
products  together,  and  to  the  sum  add  the  first  and  last  if 
they  yield  anything;  nudtiply  the  quantities  thus  obtained 
by  one-third  of  the  common  interval  between  the  areas, 
and  the  product  will  be  the  cubical  contents  of  the  space 
under  the  tonnage-deck;  divide  this  product  by  one  hun- 
dred, and  the  quotient,  being  the  tonnage  under  the  ton- 
nage-deck, shall  be  deemed  to  be  the  register  tonnage  of 
the  vessel  sul)ject  to  the  additions  hereinafter  mentioned. 

If  there  l)e  a  break,  a  poop,  or  any  other  permanent  j^^j^t^ck-hcuiscs, 
clo^ed-in  space  on  the  upper  deck,  available  for  cargo,  or    k. s.',  aisx ^ 
stores,  or  for  the  berthing  or  acconnnodation  of  passen-    ^fsiat.^rii) 
gers  or  crew,  the  tonnage  of  that  space  shall  be  ascertained    •'"'f'^-  ^  W- 
as  follows  and  added  to  the  gross  tonnage: 

Measure  the  internal  mean  length  of  such  space  in  feet,    k.s.,i,i5s. 
and  divide  it  into  an  even  numl»er  of  eipial  parts  of  which 
the  distance  asunder  shall  be  most  nearly  equal  to  those 


R.  S.,  1,153. 


166  BUREAU    OF    NAVIGATION 

into  which  the  length  of  the  tonnage-deck  has  been  divided; 
measui'e  at  the  middle  of  its  height  the  inside  breadths; 
namely,  one  at  each  end  and  at  each  of  the  points  of  divi- 
sion, numbering  them  successively  one,  two,  three,  and  so 
forth;  then  to  the  sum  of  the  end  breadths  add  four  times 
the  sum  of  the  even-numbered  breadths  and  twice  the  sum 
of  the  odd-numbered  breadths,  except  the  first  and  last, 
and  multiply  the  whole  sum  by  one- third  of  the  common 
interval  between  the  breadths;  the  product  will  give  the 
mean  horizontal  area  of  such  space;  then  measure  the  mean 
height  between  the  planks  of  the  decks,  and  nuiltiply  b}' 
it  the  mean  horizontal  area;  divide  the  product  by  one 
hundred,  and  the  quotient  shall  l)e  deemed  to  be  the  ton- 
nage of  such  space,  and  shall  bo  added  to  the  tonnage 
Ma.r.2,is95  under  the  tonnage-decks,  ascertained  as  aforesaid:  I^'o- 
kci"/!).  "  vided,  That  nothing  shall  be  added  to  the  gross  tonnage 
for  any  sheltered  space  above  the  upper  deck  which  is 
under  cover  and  open  to  the  weather;  that  is,  not  inclosed. 
Between-decks.  jf  a  vcsscl  has  a  third  deck,  or  spar  deck,  the  tonnage 
of  the  space  between  it  and  the  tonnage-deck  shall  be 
ascertained  as  follows: 

Measure  in  feet  the  inside  length  of  the  space,  at  the 
middle  of  its  height,  from  the  plank  at  the  side  of  the  stem 
to  the  plank  on  the  timbers  at  the  stern,  and  divide  the 
length  into  the  same  number  of  equal  parts  into  which  the 
length  of  the  tonnage-deck  is  divided;  measure,  also  at 
the  middle  of  its  height,  the  inside  breadth  of  the  space 
at  each  of  the  points  of  division,  also  the  breadth  of  the 
stem  and  the  breadth  at  the  stern;  number  them  succes- 
sively one,  two,  three,  and  so  forth,  commencing  at  the 
stem;  multiply  the  second,  and  all  other  even-numbered 
breadths,  ])y  four,  and  the  third,  and  all  the  other  odd-num- 
bered breadths,  except  the  lirst  and  last,  by  two;  to  the 
sum  of  these  products  add  the  first  and  last  breadths,  mul- 
tiply the  whole  sum  by  one-third  of  the  common  interval 
between  the  breadths,  and  the  result  will  give,  in  superti- 
cial  feet,  the  mean  horizontal  area  of  such  space;  measure 
the  mean  height  between  the  plank  of  the  two  decks,  and 
multiply  by  it  the  mean  horizontal  area,  and  the  product 
will  be  the  cubical  contents  of  the  space;  divide  this  prod- 
uct b}^  one  hundred,  and  the  quotient  shall  ))e  deemed  to 
be  the  tonnage  of  such  space,  and  shall  be  added  to  the 
other  tonnage  of  the  vessel  ascertained  as  al)ove  directed. 
And  if  the  vessel  has  more  than  three  decks,  the  tonnage 
of  each  space  between  decks,  above  the  tonnage-deck, 
shall  l)esevei'ally  ascertained  in  the  manner  above  described, 
and  shall  be  added  to  the  tonnage  of  the  vessel,  ascertained 
as  above  directed. 
Open  vessels.  In  ascertaining  the  tonnage  of  open  vessels  the  upper 
edge  of  the  upper  strake  is  to  form  the  boundary-line  of 
measurement,  and  the  depth  shall  be  taken  fromanathwart- 
ship  line,  extending  from  the  upper  edge  of  such  strake  at 
each  division  of  the  length. 
Water  ballast.  In  the  casc  of  a  ship  constructed  Avith  a  doii})l(^  ))ott<)ni 
(iTsuiL^nk)  for  water  ballast,  if  the  space  between  the  inner  and  outer 


Ji.  ,S.,  l,15S. 


BUREAU    OF   NAVIGATION  1G7 

[)l:itiii^-  thereof  is  certilicd  by  the  collector  to  l)o  not  avail- 
aide  for  the  can-iaoo  of  caroo,  stores,  or  fuel,  then  the 
depth  of  the  vessel  shall  be  taken  to  be  the  upper  side  of 
the  inner  plating-  of  the  double  bottom,  and  that  upper 
side  shall  for  the  purposes  of  measurement  be  deemed  to 
represent  the  floor  timber. 

From  the  gross  tonnage  of  every  vessel  of  the  United    Nettonnaso. 
Slates  tiiere  shall  be  deducted —  .       (Z''%fii.!^-?w.) 

(a)  Tin;  tonnage  of  the  spaces  or  compartments  occupied  f"re\v  acc.m- 
by  or  appropriated  to  the  use  of  the  crew  of  the  vessel.  '"j/dV^'iAW. 
Every  place  a})propriated  to  the  crew  of  the  vessel  shall  (~s  »''''«'•.  7/,i.) 
have  a  space  of  not  less  than  seventy- two  cubic  feet  and 
not  less  than  twelve  superficial  feet,  measured  on  the  deck 
or  floor  of  that  place,  for  each  seaman  or  apprentice  lodged 
therein.  The  provisions  of  this  Act  requiring  a  crew  space 
of  seventy-two  cubic  feet  per  man  shall  apply  only  to  ves- 
sels the  construction  of  which  shall  be  begun  after  June 
thirtieth,  eighteen  hundred  and  ninety-five.  Such  place 
shall  be  secureh'  constructed,  properly  lighted,  drained,  and 
ventilated,  properly  protected  from  weather  and  sea,  and  as 
far  as  practicable  properh^  shut  ofl'  and  protected  from  the 
effluvium  of  cargo  or  bilge  water;  and  failure  to  comply  with 
this  provision  shall  subject  the  owner  to  a  penalty  of  five 
hundred  dollars.  Every  place  so  occupied  shall  be  kept 
free  from  goods  or  stores  of  an}^  kind  not  being  the  personal 
property  of  the  crew  in  use  during  the  voyage;  and  if  any 
such  place  is  not  so  kept  free  the  master  shall  forfeit  and 
pay  to  each  seaman  or  apprentice  lodged  in  that  place  the 
sum  of  fifty  cents  a  day  for  each  day  during  which  any 
goods  or  stores  as  aforesaid  are  kept  or  stored  in  the  place 
after  complaint  has  been  made  to  him  by  any  two  or  more 
of  the  seamen  so  lodged.  No  deduction  from  tonnage  as 
aforesaid  shall  be  made  unless  there  is  permanently  cut  in 
a  ])eam  and  over  the  doorway  of  every  such  place  the  num- 
ber of  men  it  is  allowed  to  accommodate  with  these  words, 
"certified  to  accommodate seamen." 

Every  place  appropriated  to  the  crew  of  a  seagoing  ves-  f^g'^gf^i/^ss ) 
sel  of  the  United  States,  except  a  fishing  vessel,  yacht,  a  sec.2. 
pilot  boat,  and  all  vessels  under  two  hundred  tons  register, 
shall  have  a  space  of  not  less  than  seventy-two  cubic  feet 
and  not  less  than  twelve  square  feet  measured  on  the  deck 
or  floor  of  that  place  for  each  seaman  or  apprentice  lodged 
therein:  Proi'hhd^  That  any  such  seagoing  sailing  vessel, 
built  or  rebuilt  after  flune  thirtieth,  eighteen  hundred  and 
ninety-eight,  shall  have  a  space  of  not  less  than  one  hun- 
dred cubic  feet  and  not  less  than  sixteen  square  feet  meas- 
ured on  the  deck  or  floor  of  that  space  for  each  seaman  or 
apprentice  lodged  therein.  Such  place  shall  be  securely 
constructed,  properl}'^  lighted,  drained,  heated  and  venti- 
lated, properly  protected  from  weather  and  sea,  and,  as  far 
as  ])racticable,  properly  shut  ofl'  and  protected  from  the 
effluvium  of  cargo  or  bilge  water. 

Fishing  vessels,  yachts,  and  pilot  boats  are  herel)y  ex- 
empted from  the  provisions  of  section  one  of  chapter  one 
hundred  and  seventy-three  of  the  laws  of  eighteen  hun- 


168  BUREAU    OF    NAVIGATIOlSr 

dred  and  ninetv-tivo,  entitled  "An  Act  to  amend  section 
one  of  chapter  three  hundred  and  ninety-eight  of  the  laws 
of  eiohteen  hundred  and  eig'hty-two,  entitled  'An  Act  to 
provide  for  deductions  from  the  gross  tonnage  of  vessels  of 
the  United  States,'"  so  far  as  said  section  prescribes  the 
amount  of  space  which  shall  be  appropriated  to  the  crew 
and  provides  that  said  space  shall  be  kept  free  from  goods 
or  stores  not  being  the.personal  propert}^  of  the  crew  in 
use  during  the  voyagfe'^, 

[For  crew  accommodations  on  Mississippi  river  steam- 
boats, see  page  147.] 

Deductions  for     (b)  ji^y^y  ,^pace  exclusively  for  the  use  of  the  master  certi- 
°  MM\2!m5^'   fied  b}^  the  collector  to  be  reasonable  in  extent  and  properly 

(2sf<t.at.,  7i2.)  constructed,  and  the  words  "Certified  for  the  acconmioda- 
tion  of  master"  to  be  permanently  cut  in  a  beam  and  over 
the  door  of  such  space. 

(c)  Any  space  used  exclusively  for  the  working  of  the 
helm,  the  capstan,  and  the  anchor  gear,  or  for  keeping  the 
charts,  signals,  and  other  instruments  of  navigation  and 
boatswain's  stores,  and  the  words  "Certified  for  steering 
gear,"  or  "  Certified  for  boatswain's  stores,"  or  "  Certified 
chart  house,"  as  the  case  may  be,  to  be  permanently  cut  in 
the  beam  and  over  the  doorway  of  each  of  such  spaces. 

(d)  The  space  occupied  by  the  donkey  engine  and  boiler, 
if  connected  with  the  main  pumps  of  the  ship. 

(e)  In  the  case  of  a  ship  propelled  wholly  by  sails  any 
space,  not  exceeding  two  and  one  half  per  centum  of  the 
gross  tonnage,  used  exclusively  for  storage  of  sails:  Pro- 
vided, That  spaces  deducted  shall  be  certified  by  the  col- 
lector to  be  reasonable  in  extent  and  properly  and  efliciently 
constructed  for  the  purposes  for  which  the}^  are  intended, 
and  the  words  "  Certified  for  storage  of  sails  "  to  be  cut  on 
the  beam  and  over  the  doorway  of  such  space. 

Dcthiptious      (f\  ]j^  the  case  of  a  ship  propelled  bv  steam  or  other 

for  propelling        ^   /  .    .  .  ^      "^        '•    i     i        ,  •  <•  j  i 

power.  power  requiring  engine  room,  a  cleduction  for  the  space 

occupied  by  the  propelling  power  shall  be  made,  as  follows: 
In  ships  propelled  by  paddle  wheels  in  which  the  ton- 
nage of  the  space  occupied  by  and  necessary  for  the  proper 
working  of  the  boilers  and  machinery  is  above  twenty  per 
centum  and  under  thirty  per  centum  of  the  gross  tonnage, 
the  deduction  shall  be  thirty-seven  per  centum  of  the  gross 
tonnage;  and  in  ships  propelled  by  screws  in  which  the  ton- 
nage of  the  space  is  above  thirteen  per  centum  and  under 
twenty  per  centum  of  the  gross  tonnage,  the  deduction 
shall  be  thirty-two  per  centum  of  the  gross  tonnage.  In 
the  case  of  screw  steamers  the  contents  of  the  trunk  shaft 
shall  be  deemed  spaces  necessary  for  the  proper  working 
of  the  machineiy. 

(g)  In  the  case  of  other  vessels  in  which  the  actual  space 
occupied  by  the  propelling  machineiy  amounts  in  the  case 
of  paddle  vessels  to  twenty  per  centum  or  under  and  in  the 
case  of  screw  vessels  to  thirteen  per  centum  or  under  of 
the  gross  tonnage  of  the  ship,  the  deduction  shall  consist 
in  the  case  of  paddle  vessels  of  once  and  a  half  the  tonnage 
of  the  actual  machinery  s])ace  and  in  the  case  of  screw 


BUREAU    OF    NAVIGATION  1<>*> 

V('ss(>l-;  of  onco  and  tlin'(>-i"oui  tlis  tlio  tonna<i"o  of  tho  actual 
inachliK'iv  si)a«'(\  Hut  if  tho  actual  inachiucrv  space  is 
so  laru'o  as  to  amount  in  i\w  case  of  paddle  vessels  to  thirty 
per  centum  or  ahove,  and  in  the  case  of  ycrew  vessels  to 
tAventv  per  centum  or  above  of  the  gross  tonnage  of  the 
ship,  the  deduction  shall  consist  of  thirty-seven  per  centum 
of  the  o-ross  tonnage  of  the  ship  in  the  case  of  a  paddle 
vessel  and  thirty-two  per  centum  of  the  gross  tonnage  in 
the  case  of  a  screw  vessel;  or  if  tSa  owner  })refers  there 
shall  l)e  deducted  from  the  gross  (oimageof  the  vessel  the 
tonnage  of  the  space  or  spaces  actually  occupied  l)y  or 
required  to  be  inclosed  for  the  proper  working  of  the 
boilers  and  machinery,  including  the  trunk  shaft  or  alio}' 
in  screw  steamers,  with  the  addition  in  the  case  of  vessels 
propelled  with  paddle  wheels  of  tifty  per  centum,  and  in 
the  case  of  vessels  propelled  by  screws  of  sevent3-five  per 
centum  of  the  tonnage  of  such  space. 

(i)  On  a  request  in  writing  to  the  Commissioner  of  Navi- 
gation by  the  owners  of  a  ship  the  tonnage  of  such  portion 
of  the  space  or  spaces  a))Ove  the  crown  of  the  engine  room 
and  al)ove  the  upper  deck  as  is  framed  in  for  the  machinery 
or  for  the  admission  of  light  and  air  and  not  required  to  be 
added  to  gross  tonnage  shall,  for  the  purpose  of  ascertain- 
ing the  tonnage  of  the  space  occupied  by  the  propelling- 
power,  be  added  to  the  tonnage  of  the  engine  space;  but 
it  shall  then  be  included  in  the  gross  tonnage;  such  space 
or  spaces  must  be  reasonable  in  extent,  safe,  and  seaworth}^ 
and  can  not  be  used  for  any  purpose  other  than  the  machin- 
ery or  for  the  admission  of  light  and  air  to  the  machinery 
or  boilers  of  the  ship. 

And  the  proper  deduction  from  the  gross  tonnage  having    Register  ton- 
))een  made,  the  remainder  shall  be  deemed  the  net  or  I'cg- "'^ff,^.  5_  7.s.s\>. 
ister  tonnage  of  such  vessels.  (22 atat.,  soo.) 

The  register  of  the  vessel  shall  express  the  number  of    -R.  s.,  hiss. 
decks,  the  tonnage  under  the  tonnage-deck,  that  of  the 
between-decks,  above  the  tonnage-deck;  also  that  of  the 
poop  or  other   inclosed    spaces    above    the    deck,    each 
separateh\ 

The  register  or  other  official  certificate  of  the  tonnage  or    Aug.  5,  iss-2. 
nationality  of  a  vessel  of  the  United  States,  in  addition  to    (~'~'S<<«.,  ajo.) 
what  is  now  reipiired  by  law  to  be  expressed  therein,  shall 
state  separately  the  deductions  made  from  the  gross  ton- 
nage, and  shall  also  state  the  net  or  register  tonnage  of  the 
vessel. 

Rut  the  outstanding  registers  or  enrollments  of  A'essels 
of  the  United  States  shall  not  be  rendered  void  l)y  tho 
addition  of  such  new  statement  of  her  tonnage,  unless  vol- 
untarih"  surrendei-ed;  but  the  same  may  be  added  to  the 
outstanding  document  or  l)y  an  appendix  thereto,  with  a 
certificate  of  a  collector  of  customs  that  the  original  esti- 
mate of  tonnage  is  amended. 

In  every  vessel  documented  as  a  vessel  of  the  United    ^-  '5',V'''f- 

Oi    i..!*^  ,  1  .1  11111  1         June  lu,  ISfia. 

otatcs  the  munber  denoting  her  net  tonnage  shall  be  deepl}'    («/,  Kiat.,  si.) 
carved  or  otherwise   permanently  marked  on  her  main    ''"''^•^' 
beam,  and  shall  be  so  continued;  and  if  the  numl)er  at  any 


170  BUREAU    OF    NAVIGATION 

time  cease  to  be  continued  such  vessel  shall  be  subject  to 
a  line  of  thirty  dollars  on  ever}^  arrival  in  a  port  of  the 
United  States  if  she  have  not  her  tonnage  number  legally 
carved  or  permanently  marked. 

fJs'sf'i^^ns)       Under  the  direction  of  the  Secretary  of  Commerce  and 

sec.L"     '    Labor  the  Commissioner  of  Navigation  shall  make  regula 

fJ^%aLfsoi.)  tions  needful  to  give  effect  to  the  provisions  of  this  Act. 

.See.  3.  '  The  Secretar}^  of  Commerce  and  Labor  shall  estal)lish  and 
promulgate  a  proper  scale  of  fees  to  be  paid  for  the  read- 
measurement  of  the  spaces  to  be  deducted  from  the  gross 
tonnage  of  a  vessel,  on  the  basis  of  the  last  sentence  of 
section  forty-one  hundred  and  eight3-six  of  the  lievised 
Statutes,  beginning  with  the  words  "But  the  charge  for 
the  measurement." 

Appendix  of  Upon  application  by  the  owner  or  master  of  an  Ameri- 
"'j/rtr.T"s95.'     can  vessel  in  foreign  trade,  collectors  of  customs,  under 

{^sstaL,  71.3.)  regulations  to  be  approved  by  the  Secretary  of  Commerce 
and  Labor,  are  authorized  to  attach  to  the  register  of  such 
vessel  an  appendix  stating  separately,  for  use  in  foreign 
ports,  the  measurement  of  such  space  or  spaces  as  are 
permitted  to  be  deducted  from  gross  tonnage"  by  the  rules 
of  other  nations  and  are  not  permitted  b}'  the  laws  of  the 
United  States. 

Mar.  2, 1895.         This  Act  shall  not  be  construed  to  require  the  remeas- 

(2HSiat.,7i,s.)  xxveva^nt  of  any  American  vessel  duly  measured  l)efore 
April  first,  eighteen  hundred  and  ninet3^-tive;  but  upon 
application  by  the  owner  of  any  such  vessel  collectors  of 
customs  shall  cause  such  vessel,  or  the  spaces  to  be  de- 
ducted, to  be  measured  according  to  the  provisions  of  this 
Act,  and  if  a  new  register  is  not  issued  the  statement  of 
such  remeasurement  shall  be  attached  by  an  appendix  to 
the  outstanding  register  or  enrollment  with  a  certificate  of 
the  collector  of  customs  that  the  original  estimate  of  ton- 
nage is  amended  pursuant  to  this  Act. 

Vessels  exempt  The  provisious  foregoing  relating  to  the  measurement 
mJiit!  °^?'^*"''*^"  of  vessels  shall  not  be  deemed  to  appl}^  to  any  vessel  not 

A'.  .S'.,  ^5^2.  required  by  law  to  be  registered,  or  enrolled,  or  licensed, 
unless  otherwise  specially  provided. 

Measurement  Whenever  it  is  made  to  appear  to  the  Secretary  of  Coni- 
°"r.s!fii5r*''^'^'  nierce  and  Labor  that  the  rules  concerning  the  measure- 

t^Tstat^^sob )   ™6nt  for  tonnage  of  vessels  of  the  United  States  have  been 

tiec.^a.  ■'  substantially  adopted  by  the  government  of  any  foreign 

country,  he  may  direct  that  the  vessels  of  such  foreign 
country  be  deemed  to  be  of  the  tonnage  denoted  in  their 
certificates  of  register  or  other  national  papers,  and  there- 
upon it  shall  not  be  necessary  for  such  vessels  to  be 
remeasured  at  any  port  in  the  United  States;  and  when  it 
shall  be  necessary  to  ascertain  the  tonnage  of  any  vessel 
not  a  vessel  of  the  United  States,  the  said  tonnage  shall  be 
ascertained  in  the  manner  provided  b}^  law  for  the  measure- 
ment of  vessels  of  the  United  States. 

«An(l  also  the  measurement  of  spaces  and  gross  and  net  tonnage, 
by  act  of  January  21,  1895  (28  Stat.,  636J. 


BUREAU    OK    NAVIGATION  171 

DOCUMENTS   OF   VESSELS 

lu  oicliT  to  the  ivuistry  of  11113'  vos.sol  built  within  ,|,'.;;,^|;;;''''^^'"''' '■^''■■ 
the  Unitetl  States,  it  .shall  be  necessary  to  produce  a  Ji.s.lu/,?. 
(•(>rtiticate,  under  the  hand  of  the  principal  or  master 
carpoiiter,  by  whom  or  under  whose  direction  the  vessel 
has  l)een  l)uilt,  testifyino-  that  she  was  built  by  him  or 
under  his  direction,  and  sp(>cit'yini>"  the  i)lacc  wher(%  the 
time  when,  and  the  person  for  whom,  and  describing-  her 
l)uild,  nuinl)er  of  decks  and  masts,  leno-th,  ])readth,  dc^pth, 
tonnage,  and  such  other  circumstances  as  are  usually  de- 
scriptive of  the  identity  of  a  vessel;  which  certificate  shall 
be  sutiicient  to  authorize  the  removal  of  a  new  vessel  from 
the  district  where  she  may  1)6  ))uilt  to  another  district  in 
the  same  or  an  adjoining  State,  where  the  owner  actually 
resides,  provided  it  be  with  ballast  only. 

In  order  to  the  registrv  of  any  vessel,  an  oath  shall  be  ^'^\I' "/;"""'''■ 
Uikon  and  subscribed  by  the  owner,  or  by  one  of  the  owners 
thereof,  l)efore  the  officer  authorized  to  make  such  reg'istr}^ 
declaring,  according  to  the  best  of  the  knowledge  and  belief 
of  the  person  so  swearing,  the  name  of  such  vessel,  her 
burden,  the  place  where  she  was  built,  if  built  within  the 
United  States,  and  the  year  in  which  she  w^as  built;  or  that 
she  has  been  captured  in  war,  specifying  the  time,  by  a 
citizen  of  the  United  States,  and  lawfull}^  condemned  as 
prize,  producing  a  copv  of  the  sentence  of  condemnation, 
authenticated  in  the  usual  forms;  or  that  she  has  been 
adjudged  to  be  forfeited  for  a  breach  of  the  laws  of  the 
United  States,  producing  a  like  copy  of  the  adjudication  of 
forfeiture;  and  declaring  his  name  and  place  of  abode,  and 
if  he  be  the  sole  owner  of  the  vessel,  that  such  is  the  case; 
or  if  there  bo  another  owner,  that  there  is  such  other  owner, 
specifying  his  name  and  place  of  abode,  and  that  he  is  a 
citizen  of  the  United  States,  and  specifying  the  proportion 
belonging  to  each  owner;  and  where  an  owner  resides  in  a 
foreign  country,  in  the  capacity  of  a  consul  of  the  United 
States,  or  as  an  agent  for  and  a  partner  in  a  house  or 
copartnership  consisting  of  citizens  of  the  United  States, 
actually  carrying  on  trade  within  the  United  States,  that 
such  is  the  case,  that  the  person  so  swearing  is  a  citizen  of 
the  United  States,  and  that  there  is  no  subject  or  citizen 
of  any  foreign  princeorstate,  directly  or  indirectly,  by  w^ay 
of  trust,  confidence,  or  otherwise,  interested  in  such  vessel, 
or  in  the  prolits  or  issues  thereof;  and  that  the  master 
thereof  is  a  citizen,  naming  the  master,  and  stating  the 
means  whereby  or  manner  in  which  he  is  a  citizen. 

If  anv  of  the  matters  of  fact  alleged  in  the  oath  taken  ^'-  •'^'-  '^^■''^■ 
l>y  an  owner  to  obtain  the  registry  of  any  vessel,  which 
within  the  knowh^lge  of  the  party  so  swearing  are  not 
true,  there  shall  be  a  forfeiture  of  the  vessel,  together 
with  her  tackle,  apparel,  and  furniture,  in  respect  to  which 
the  oath  shall  have  been  made,  or  of  the  value  thereof,  to 
be  recovered,  with  the  costs  of  suit,  of  the  person  bj-  whom 
the  oath  was  made. 


172  BUREAU    OF    NAVIGATION 

cuizenlhi'p'^^^"^     ^^  ^^^^  master  of  a  vessel  is  within  the  district  where  a 
E.  ,s'.,  iid.       registry  thereof  is  to  ))e  made,  when  application  is  made 
for  registering  the  same,  he  shall  himself,  instead  of  the 
owner,  or  of  the  agent  or  attorney,  as  hereinafter  men- 
tioned, make  oath  touching  his  being  a  citizen,  and  the 
means  whereby  or  manner  in  which  he  is  a  citizen;  in 
which  case,  if  the  master  shall  knowingly  swear  to  any- 
thing untrue,  no  forfeiture  of  the  vessel,  on  account  of 
such  false  oath,  shall  be  incurred,  but  the  master  shall  be 
liable  to  a  penalty  of  one  thousand  dollars. 
Place  of  regis-     Evcry  vcsscl,  cxccpt  as  hereinafter  provided,  shall  be 
A',  s.,  /.lAi.       registered  by  the  collector  of  that  collection  district  which 
includes  the  port  to  which  such  vessel  shall  belong  at  the 
time  of  her  registry;  which  port  shall  be  deemed  to  be 
that  at  or  nearest  to  which  the  owner,  if  there  be  but  one, 
or,  if  more  than  one,  the  husband  or  acting  and  managing- 
owner  of  such  vessel,  usually  resides. 
R.  s.,  1,159.  Whenever  any  citizen  of  the  United  States  purchases  or 

becomes  owner  of  any  vessel  entitled  to  be  registered,  such 
vessel  being  within  any  district  other  than  the  one  in  which 
he  usually  resides,  such  vessel  shall  be  entitled  to  be  regis- 
tered by  the  collector  of  the  district  where  she  ma}^  be,  at 
the  time  of  his  becoming  owner  thereof,  upon  his  complying 
with  the  i^rovisions  hereinbefore  prescribed,  in  order  to  the 
registr}^  of  vessels.  And  the  oath  which  is  required  to  be 
taken  may,  at  the  option  of  such  owner,  be  taken  either 
before  the  collector  of  the  district  comprehending  the  port 
to  which  such  vessel  may  belong,  or  before  the  collector 
of  the  district  within  which  such  vessel  may  be,  either  of 
whom  is  hereby  empowered  to  administer  such  oath. 
R.  s.,  iiGo.  Whenever  any  vessel,  registered  in  pursuance  of  the  pro- 

visions of  the  preceding  section,  shall  arrive  within  the 
district  comprehending  the  port  to  which  she  belongs,  the 
certiticate  of  registry,  so  obtained,  shall  be  delivered  up  to 
the  collector  of  such  district,  who  upon  the  requisites  of 
this  Title  [R.  S.,  4131-4305]  in  order  to  the  registry  of 
vessels,  being  complied  with,  shall  grant  a  new  one  in  lieu 
of  the  first.  The  certificate  so  delivered  up  shall  forth- 
with be  returned  by  the  collector  who  receives  the  same, 
to  the  collector  who  granted  it.  If  the  first-mentioned  cer- 
tificate of  registry  is  not  delivered  up,  as  above  directed, 
the  owner  and  the  master  of  such  vessel,  at  the  time  of  her 
arrival  within  the  district  comprehending  the  port  to  which 
she  may  belong,  shall  severally  be  lial)le  to  a  penalty  of 
one  hundred  dollars,  and  the  certificate  of  registry  shall 
be  thenceforth  void. 
R.  s.,  i.m.  Whenever  any  vessel  entitled  to  be  registered  is  pur- 

chased by  an  agent  or  attorney  for  or  on  account  of  a  cit- 
izen of  the  United  States,  such  vessel  being  in  a  district  of 
the  United  States  more  than  fifty  miles  distant,  taking  the 
nearest  usual  route  by  land,  from  the  one  comprehending 
the  port  to  which,  ])y  virtue  of  such  purchase,  and  bv  force 
of  this  Title  [R.  S.,  4131-430.5],  such  vessel  ought  to  ))e 
deemed  to  belong,  it  shall  be  lawful  for  the  collector  of  the 


BUREAU    OF    NAVIGATION  17*3 

district  where  such  vessel  may  be,  and  he  is  hereby  required 
upon  the  application  of  such  agTiit  or  attorney,  to  proceed 
to  the  rt\oistcrino-  of  the  vessel,  the  ayent  or  attorney  lirst 
C'oniplviiiu".  on  behalf  and  in  the  stead  of  the  owner  thereof, 
with  the  re([uisites  pi'csrribed  by  tiiis  Title  in  order  to  the 
registry  of  vessels,  except  that,  in  tiie  oath  taiciMi  ])y  the 
au'ciit  or  attorney,  instead  of  swearino^  that  he  is  owniM'  or 
an  owner  of  such  vessel,  he  shall  swear  that  he  is  aj^ent  or 
attorney  for  the  owner  thereof,  and  that  he  has,  in  g-ood 
faith,  purchased  the  vessel  for  the  person  whom  he  names 
and  describes  as  the  owner  thereof. 

\\'henever  any  vessel  reg-istered  in  pursuance  of  the  pro-  ^''-  ■''•.  'm^. 
visions  of  the  prtH-cMlino-  section,  shall  arrive  within  the 
district  eoniprehendino-  the  port  to  which  she  belon<>-s,  the 
rertiticate  of  ret;-isti-v  so  obtained  shall  be  delivered  u])  to 
the  collector  of  such  district,  who,  upon  the  re(|uirenicnts 
of  this  Title  |R.  S.,  -ilSl— 1305]  in  order  to  the  registry 
of  vessels  being  complied  with,  shall  grant  a  new  one  in 
lieu  of  the  first.  The  certiticate,  so  delivered  up,  shall 
forthwith  be  returned  to  the  collector,  who  shall  transmit 
the  same  to  the  collector  who  granted  it.  If  the  lirst- 
nanied  certificate  of  registr}^  is  not  delivered  up,  as  above 
directed,  the  owner  and  the  master  of  such  vessel,  at  the 
time  of  her  arrival  within  the  district  comprehending  the 
port  to  which  she  may  belong,  shall  severall}'  be  liable  to 
a  penalt}'  of  one  hundred  dollars,  and  the  certificate  of 
registry  shall  be  thenceforth  void. 

If  any  of  the  matters  of  fact  alleged  in  the  oath  taken  ^- ■'■'•.  ^^^5. 
l)y  an  agent  or  attorney  to  olitain  the  registry  of  a  vessel 
which  are  within  the  knowledge  of  the  party  so  swearing, 
are  not  true,  there  shall  l)e  a  forfeiture  of  vessel,  together 
with  her  tackle,  apparel,  and  furniture,  in  respect  to  which 
the  same  was  made,  or  of  the  value  thereof,  to  be  recovered, 
with  costs  of  suit,  of  the  person  bv^  whom  such  oath  was 
made. 

\\'hen  the  several  matters  hereinbefore  required,  in  order  ^^^.f"™  "^  '■''^**' 
to  the  registering  of  an}^  vessel,  have  been  complied  with,    ji.  s.,  1,155. 
the  collector  of  the  district  comprehending  the  port  to 
which  she  ])elongs  shall  make  and  keep  in  some  proper  book 
a  registry  thereof,  and  shall  grant  a  certificate  of  such  reg- 
istry, as  nearly  as  may  be,  in  the  form  following: 

In  pursuance  of  chapter  one.  Title  XL VIII,  "Regula- 
tion OF  Co:m:meiice  and  NAViCiATiON,"  of  the  Revised 
Statutes  of  the  I'nited  States,  (inserting  here  the  name, 
occupation,  and  place  of  abode  of  the  person  by  whom  the 
oath  was  made),  having  taken  and  subscri1)ed  the  oath 
reciuired  by  law,  and  having  sworn  that  he  (or  she,  and  if 
more  than  one  owner,  adding  the  words,  "together  with," 
and  the  name  or  names,  occupation  or  occupations,  place 
or  })laces  of  abode,  of  the  owner  or  owners,  and  the  part  or 
proportion  of  such  vessel  belonging  to  each  owner)  is  (or 
are)  the  only  owmu-  (or  o-svium's)  of  the  vessel  called  the 
(inserting  here  her  name),  of  (inserting  here  the  port  to 
which  she  may  belong),  whereof  (inserting  here  the  name 


174  BTJEEAU    OF   NAVIGATION 

of  the  master)  is  at  present  master,  and  is  a  citizen  of  the 
United  States,  and  that  the  said  vessel  was  (inserting  here 
when  and  where  built),  and  (inserting  here  the  name  and 
office,  if  any,  of  the  person  b_y  whom  she  shall  have  been 
surveyed  or  measured)  having  certified  that  the  said  ves- 
sel has  (inserting  here  the  numlier  of  decks)  and  (insert- 
ing here  the  number  of  masts),  and  that  her  length  is  (in- 
serting here  the  number  of  feet),  her  breadth  (inserting 
here  the  number  of  feet),  her  depth  (inserting  here  the  num- 
ber of  feet),  and  that  she  measures  (inserting  here  her  num- 
ber of  tons);  that  she  is  (describing  here  the  particular  kind 
of  vessel,  whether  ship,  brigantine,  snow,  schooner,  sloop, 
or  whatever  else,  together  with  her  build,  and  specifying 
whether  she  has  any  or  no  gallery  or  head);  and  the  said 
(naming  the  owner,  or  the  master,  or  other  person  acting 
in  behalf  of  the  owner  or  owners,  by  whom  the  certificate 
of  measurement  has  been  countersigned,  as  aforesaid) 
fif-J'':  ^gff\  having  agreed  to  the  description  and  measurement  above 
specified,  according  to  law,  the  said  vessel  has  been  duly 
registered  at  the  port  of  (naming  the  port  where  registered). 
Given  under  my  hand  and  seal,  at  (naming  the  said  port), 
this  (inserting  the  particular  da}")  day  of  (naming  the 
month),  in  the  3"ear  (specifying  the  number  of  the  year,  in 
words  at  length). 
B.  s.,  1,156.  When  the  master  of  such  vessel  himself  makes  oath  touch- 

ing his  being  a  citizen,  the  wording  of  the  certificate  shall 
be  varied  so  as  to  be  conformable  to  the  truth  of  the  case. 
Where  a  new  certificate  of  registry  is  granted  in  conse- 
quence of  any  transfer  of  a  vessel,  the  words  shall  be  so 
varied  as  to  refer  to  the  former  certificate  of  registry  for 
her  measurement. 
R.  s.,/-,m.  The  collector  of  each  district  shall  progressively  number 

the  certificates  of  the  registry  by  him  granted,  beginning 
anew  at  the  commencement  of  each  year,  and  shall  enter 
an  exact  copy  of  each  certificate  in  a  book  to  l)e  kept  for 
that  purpose;  and  shall,  once  in  three  months,  transmit 
'(23'stat^m  )  ^^  ^^^^  Commissioner  of  Navigation  copies  of  all  the  certifi- 
^c'.^2.  "         cates  which  shall  have  been  granted  by  him,  including  the 

number  of  each. 
R.s.,ui67.  It  shall  be  the  duty  of  the  Secretary  of  Commerce  and 

(ss'siaiUfy.)   Labor  to  cause  to  be  provided  blank  certificates  of  registry, 
scc.w.  and  such  other  papers  as  may  be  necessary,  executed  in 

such  manner  and  with  such  marks  as  he  may  direct.     No 
certificate  of  registry  shall  be  issued,  except  such  as  shall 
have  been  so  provided  and  marked. 
Fch."u!'i9m.        The  Secretary  of  Commerce  and  Labor  shall  cause  to 
(32  Stat.,  82!).)   bc  transmitted,  from  time  to  time,  to  the  collectors  of  the 
several  districts,  a  sufficient  number  of  forms  of  the  certifi- 
{23%at.,  lis.)  cates  of  registr}^,  attested  under  the  seal  of  the  Department 
of  Commerce  and  Labor  and  the  hand  of  the  Commissioner 
of  Navigation,  with  proper  blanks,  to  be  filled  by  the  col- 
lectors, respectively,  by  whom  also  the  certificates  shall  be 
signed  and  sealed,  before  the}"  are  issued;  and  where  there 
is  a  naval  officer  at  any  port,  they  shall  be  countersigned 


BUREAU    OB'   NAVIGATION  l75 

by  him;  and  where  there  is  a  surveyor,  but  no  nayal 
oilioer,  thoy  shall  ])e  eountersionod  by  him.  A  copy  of 
each  certiricate  issued  shall  l)e  transmitted  to  the  Conunis- 
sioiierof  Navio'ation,  who  shall  cause  a  record  to  be  kept 
of  the  same. 

A  certificate  of  reoistry  shall  be  solely  used  for  the  yes-    f'"stody  and 

,    .  1  •    1     •  ^    •  4^  ■  1  I       111       •  i.  1  111       J.  surrender  of  reg- 

sel  tor  whicii  it  is  ^ranted,  and  sliall  not  be  sold,  lent,  orister. 
otherwise  disposed  of,  to  any  person  whomsoever;  and  in    jim''ii;!'js!)fi. 
case  the  vessel  so  registered  shall  be  lost,  or  taken  ])y  an    <-•'>' '^vat.fc'i.) 
enemy,  burned,  or  broken  up,  or  shall  l)e  otherwise  pre- 
vented from  returning"  to  the  port  to  which  she  may  belong, 
tlie  certificate,  if  preserved,  shall  be  delivered  up  within 
eight  days  after  the  arrival  of  the  master  or  person  having 
the  charge  or  command  of  such  vessel  within  any  district 
of  the  United  States,  to  the  collector  of  such  district;  and 
if  any  foreigner,  or  any  person  for  the  use  and  benefit  of 
such  foreigner,  shall  purchase  or  otherwise  become  entitled 
to  the  whole,  or  any  part  or  share  of,  or  interest  in  such 
vessel,  the  same  ])eing  within  a  district  of  the  United  States, 
the  certificate  shall,  within  seven  days  after  such  purchase, 
change,  or  transfer  of  property,  be  delivered  up  to  the  col- 
lector of  the  district;  and  if  any  such  purchase,  change, 
or  transfer  of  property'  shall  happen  when  such  vessel  shall 
l>e  at  any  foreign  port  or  place,  or  at  sea,  then  the  master 
or  person  having  the  charge  or  command  thereof  shall, 
within  eight  days  after  his  arrival  within  any  district  of 
the  United  States,  deliver  up  the  certificate  to  the  collector 
of  such  district.     Any  master  or  owner  violating  the  provi- 
sions of  this  section  shall  be  liable  to  a  penalt}'  of  not  ex- 
ceeding five  hundred  dollars,  and  the  certificate  of  registry 
shall  be  thenceforth  void.     The  Secretary  of  Commerce    fshtatfsil.) 
and  Labor  shall  have  the  power  to  remit  or  mitigate  such    *«■  ^o. 
penalty  if  in  his  opinion  it  was  incurred  without  willful 
negligence  or  intention  of  fraud. 
Keoisters  for  vessels  owned  by  any  incorporated  com-    Registers  to 

»  ,       .  1   •       - 1  *  J?  J.1  '  •  1       J.  corporations. 

pany  may  be  issued  in  the  name  qt  the  president  or  secre-    n-  s.,  usr. 
tary  of  such  company;    and  such  register  shall  not  be 
vacated  or  atiected  b}"  sales  of  any  shares  of  stock  in  such 
company. 

Upon  the  death,  ren^ioval,  or  resignation  of  such  presi-    ^-  ''••  ^^^■^■ 
dent  or  secretaiy  of  any  incorporated  company  owing  any 
vessel,  a  new  register  shall  be  taken  out  for  such  vessel. 

Previous  to  granting  a  register  for  an}'  vessel  owned  by    f,;,;/,^';^' 
any  incorporated  companA^  or  by  an  individual  or  indi-    \^^i^iat.,3!js) 
viduals,  the  president  or  secretary  of  such  company,  or    ^^^'' ^' 
any  other  ofiicer  or  agent  thereof,  duly  authorized  ])y  said 
company  in  writing,  attested  by  the  corporate  seal  thereof, 
to  act  for  the  company  in  this  behalf,  or  the  managing- 
owner,  or  his  agent  duh'  authorized  by  power  of  attorney, 
when  such  vessel  is  owned  by  an  individual  or  individuals, 
shall  swear  to  the  ownership  of  the  vessel  without  desig- 
nating the  names  of  the  persons  composing  the  comi)any, 
when  such  vessel  is  owned  by  a  corporation,  and  the  oath 
of  either  of  said  ofiicers  or  agents  shall  be  deemed  sufficient 


176  BUREAU    OF    NAVIGATION 

without  requiring  the  oath  of  any  other  person  interested 
and  concerned  in  such  vessel. 
Change  of  Whenever  it  appears,  by  satisfactorj^  proof,  to  the  Com- 
K.%.\  umu.  missioner  of  Navigation  that  any  vessel  has  been  sold  and 
i^sstatHfis.)  transferred  by  process  of  law,  and  that  the  register  of  such 
iiec.2.  vessel  is  retained  by  the  former  owner,  the  Commissioner 

may  direct  the  collector  of  the  district  to  which  such  ves- 
sel may  belong  to  grant  a  new  register,  under  such  sale, 
on  the  owners  complying  with  such  terms  and  conditions 
as  are  l)y  law  required  for  granting  such  papers;  excepting 
only  the  delivering  up  of  the  former  certificate  of  registr}^. 
But  nothing  in  this  section  shall  be  construed  to  remove 
the  liability  of  any  person  to  any  penalty  for  not  surren- 
dering the  papers  belonging  to  any  vessel,  on  a  transfer 
or  sale  of  the  same. 
j{.  N.,  /.uMi.  When  any  vessel,  registered  pursuant  to  any  law  of  the 

United  States,  shall,  while  she  is  without  the  limits  of  the 
United  States,  ])e  sold  or  transferred  in  whole  or  in  pai't 
to  a  citizen  of  the  United  States,  such  vessel  on  her  first 
arrival  in  the  United  States  thereafter,  shall  be  entitled  to 
all  the  privileges  and  benefits  of  a  vessel  of  the  United 
States:  j[*wvided,  That  all  the  requisites  of  law,  in  order 
to  the  registry  of  vessels,  shall  be  complied  with,  and  a 
new  certificate  of  registry  obtained  for  such  vessel,  within 
three  days  from  the  time  at  which  the  master  or  other 
person  having  the  charge  or  command  of  >sucli  vessel  is 
requi]*ed  to  make  his  final  report  upon  her  first  arrival 
afterward. 
changeofbuiid.  Whenever  any  vessel,  which  has  been  registered,  is,  in 
M.  s.,  im.  -whole  or  in  part,  sold  or  transferred  to  a  citizen  of  the 
United  States,  or  is  altered  in  form  or  burden,  by  being 
lengthened  or  built  upon,  or  from  one  denomination  to 
another,  by  the  mode  or  method  of  rigging  or  fitting,  the 
vessel  shall  be  registered  anew,  by  her  former  name, 
according  to  the  directions  hereinbefore  contained,  other- 
wise she  shall  cease  to  be  deemed  a  vessel  of  the  United 
States.  The  former  certificate  of  registry  of  such  vessel 
shall  be  delivered  up  to  the  collector  to  whom  application 
July  a,  iss!,.      for  such  new  registry  is  made,  at  the  time  that  the  same  is 

i'^S  Stat    lis  )  •      *^         -  • 

Sec'.  2.  '  made,  to  be  by  him  transmitted  to  the  Commissioner  of 

Navigation,  who  shall  cause  the  same  to  be  canceled.  In 
every  such  case  of  sale  or  transfer,  there  shall  be  some 
instrument  of  writing,  in  the  nature  of  a  bill  of  sale,  which 
shall  recite,  at  length,  the  certiticate;  otherwise  the  vessel 
shall  ])e  incapal)le  of  being  so  registered  anew. 
Change  of  When  the  master  or  person  havino-  the  charge  or  com- 
R.s.\ui7i.  mand  of  a  registered  vessel  is  changed,  the  owner,  or  one 
ol  the  owners,  or  the  new  master  of  such  vessel,  shall 
report  such  change  to  the  collector  of  the  district  where 
the  same  has  happened,  or  where  the  vessel  shall  first  be 
after  the  same  has  happened,  and  shall  produce  to  him  the 
certificate  of  registry  of  such  vessel,  and  shall  make  oath, 
showing  that  such  new  master  is  a  citizen  of  the  United 
States,  and  the  manner  in  which  or  means  whereby  he  is 


BUREAU    OK    NAVIGATION  177 

so  a  citizon.  Thereupon  the  collector  shall  indorse  upon 
the  ccrtiticate  of  vej^-istry  a  nuMnonuiduni  of  such  ciiaujife, 
specify iiiu-  the  name  of  such  new  master,  and  shall  sub- 
scribe the  nuMUorandum  with  his  name;  and  if  other  than 
the  collector  of  the  district  by  whom  the  certiticate  of  rej^- 
istry  was  oranted,  shall  ti'ansniit  a  copy  of  the  memoran- 
(hun  to  him,  with  notit-e  of  the  i)articular  vessel  to  which 
it  relates;  and  the  collector  of  the  district,  by  whom  the 
certiticate  shall  have  been  ^'ranted,  shall  make  a  like  mem- 
orandum of  such  change  in  his  book  of  registers,  and  shall 
transmit  a  copy  thereof  to  the  Commissioner  of  Naviga-  JuJh  r,.  jssr.. 
tion.  If  the  cluuige  is  not  reported,  or  if  the  oath  is  not  .'sw'.X'''  "'^'^ 
taken,  as  above  directed,  the  registry  of  such  vessel  shall 
])e  void,  and  the  master  or  person  having  the  charge  or 
connnand  of  her  shall  be  liable  to  a  penalty  of  one  hundred 
dollars. 

No  bill  of  sale,  mortgage,  hj^pothecation,  or  conveyance  Mortgage  and 
of  any  vessel,  or  part  of  an}'  vessel,  of  the  United  States,  ^^\%^^lm. 
shall  be  valid  against  any  person  other  than  the  grantor  or 
mortgagor,  his  heirs  and  devisees,  and  persons  having 
actual  notice  thereof,  unless  such  bill  of  sale,  mortgage, 
hypothecation,  or  convevance  is  recorded  in  the  office  of 
the  collector  of  the  customs  where  such  vessel  is  registered 
or  enrolled.  The  lien  b}'  ])ottomi-v  on  any  vessel,  created 
during  her  vo}\age,  by  a  loan  of  money  or  materials  neces- 
sarv  to  repair  or  enable  her  to  prosecute  a  voyage,  shall 
not.  however,  lose  its  priority,  or  be  in  any  waj'  affected 
l)y  the  provisions  of  this  section. 

The  collectors  of  the  customs  shall  record  all  such  bills    r.s.,ws. 
of  sale,  mortgages,  hj^pothecations,  or  conveyances,  and, 
also,  all  certificates  for  discharging  and  canceling  any  such 
conve3"ances,  in  books  to  be  kept  for  that  purpose,  in  the 
order  of  their  reception;  noting  in  such  books,  and  also 
on  the  l)ill  of  sale,  mortgage,  hypothecation,  or  convej^ance, 
the  time  wdien  the  same  was  received;  and  shall  certify  on 
the  bill  of  sale,  mortgage,  hvpothecation,  or  conveyance,  or 
certificate  of  discharge  or  cancellation,  the  number  of  the 
l)ook  and  page  wdiere  recorded;  but  no  bill  of  sale,  mort-    June  19,1m. 
gage,  hypothecation,  conveyance,  or  discharge  of  mortgage    ^~'^  *'"*''  ^'^'^ 
orother  incum])ranceof  any  vessel,  shallbe  recorded,  unless 
the  same  is  duly  acknowledged  before  a  notary  pu))lic  or 
other  officer  authorized  to  take  acknowledgment  of  deeds. 

The  collectors  of  the  customs  shall  keep  an  index  of  such  n-  s.,  /.in/,. 
records,  inserting  alphabetically  the  names  of  the  vendor 
or  mortgagor,  and  of  the  purchaser  or  mortgagee,  and  shall 
pernnt  such  index  and  books  of  records  to  be  inspected 
during  ofHce  hours,  under  such  reasonable  regulations  as 
they  may  estal)lish,  and  shall,  when  required,  furnish  to 
any  person  a  certificate,  setting  forth  the  names  of  the 
owners  of  any  vessel  registered  or  enrolled,  the  parts  or 
proportions  owned  by  each,  if  inserted  in  the  register  or 
enrollment,  and  also  the  material  facts  of  an}'  existing  bill 
of  sale,  mortgage,  hypothecation,  or  other  incumbrance 
upon  such  vessel,  recorded  since  the  issuing  of  the  last 
27628—04 12 


Sale  to  alien. 


178  BUBEAU    OF    NAVIGATION 

flTstat  ^so^)  i'6gister  or  enrollment,  viz,  the  date,  amount  of  such  i ncuin- 
brance,  and  from  and  to  whom  or  in  whose  favor  msiide. 

B.  s.,  U95.  The  collectors  of  the  customs  shall  furnish  certified  copies 

of  such  records,  on  the  receipt  of  fifty  cents  for  each  bill  of 
sale,  mortgage,  or  other  conveyance. 

R.s.,ui96.  ^\Y  |j|]jg  qJ^  j^^jg  Q-f  yessels  registered  or  enrolled,  shall 

set  forth  the  part  of  the  vessel  owned  by  each  person  sell- 
ing, and  the  part  conveyed  to  each  person  purchasing. 

If  any  vessel  registered  as  a  vessel  of  the  United  States 
shall  be  sold  or  transferred,  in  whole  or  in  part,  by  way 
of  trust,  confidence,  or  otherwise,  to  a  subject  or  citizen  of 
any  foreign  prince  or  state,  and  such  sale  or  transfer  shall 
not  be  made  known,  as  hereinbefore  directed,  such  vessel, 
together  with  her  tackle,  apparel,  and  furniture,  shall  be 
forfeited.  If  such  vessel,  however,  be  so  owned  in  part 
only,  and  it  is  made  to  appear  to  the  jury  before  whom  the 
trial  for  such  forfeiture  is  had,  that  any  other  owner  of  such 
vessel,  being  a  citizen  of  the  United  States,  was  wholly 
ignorant  of  the  sale  or  transfer  to  or  ownership  of  such 
foreign  subject  or  citizen,  the  share  or  interest  of  such  citi- 
zen of  the  United  States  shall  not  be  subject  to  such  for- 
feiture, arid  the  residue  only  shall  be  so  forfeited. 
^^Loss  of  regis-     Whenever  the  certificate  of  the  registry  of  any  vessel  is 

R.  .s'.,  W67.  lost,  destroyed,  or  mislaid,  the  master,  or  other  person 
having  the  charge  or  command  thereof,  may  make  oath 
before  the  collector  of  the  district  where  such  vessel  shall 
first  be  after  such  loss,  destruction,  or  misla^dng,  in  the 
form  following:  "I,  (inserting  here  the  name  of  the  per- 
son swearing),  being  master  (or  having  the  charge  or  com- 
mand) of  the  ship  or  vessel  called  the  (inserting  the  name 
of  the  vessel),  do  swear  (or  affirm)  that  the  said  vessel  hath 
been,  as  I  verily  believe,  registered  according  to  law,  by 
the  name  of  (inserting  again  the  name  of  the  vessel),  and 
that  a  certificate  thereof  was  granted  by  the  collector  of 
the  district  of  (naming  the  district  where  registered), 
w^hich  certificate  has  been  lost  (or  destroyed,  or  uninten- 
tionally and  by  mere  accident  mislaid,  as  the  case  may  be); 
and  (except  where  the  certificate  is  alleged  to  have  been 
destroyed)  that  the  same,  if  found  again,  and  within  my 
power,  shall  l)e  delivered  up  to  the  collector  of  the  district 
in  which  it  was  granted."  Such  oath  shall  be  subscribed 
by  the  party  making  the  same;  and  upon  such  oath  being 
made,  and  the  other  recjuisites  of  this  Title  [R.  S. ,  4181- 
4305]  in  order  to  the  registry  of  vessels  being  complied 
with,  it  shall  lie  lawful  for  the  collector  of  the  district 
before  whom  such  oath  is  made,  to  grant  a  new  register, 
inserting  therein  that  the  same  is  issued  in  lieu  of  the  one 
lost  or  destro^^ed. 

R.s.,/,i6s.  Whenever  a  register  is  granted  in  lieu  of  one  lost  or 

destroyed,  by  any  other  than  the  collector  of  the  district  to 
which  the  vessel  actually  belongs,  such  register  shall, 
within  ten  days  after  her  first  arrival  within  the  district 
to  which  she  belongs,  ])e  delivered  up  to  the  collector  of 
such  district,  who  shall,  thereupon,  grant  a  new  register  in 


BUREAU    OF    NAVIGATION  iTU 

lion  thorcof.  And  in  case  tlio  mustor  or  connntindcr  shall 
nculoct  to  doliver  up  such  ro»j;-ist(n-  within  the  time  above 
niiMitioned,  he  shall  ))e  liable  to  a  penalty  of  one  hundred 
dollars;  and  the  former  register  shall  become  null  and  void. 

]n  everv  case  in  which  a  vess(d  is  re(|uired  to  be  reo-istered  ,.  '''''''"'"^'  '"  'le- 

.  ,    •  1      ,1  .1  •    .  1  1         7     II  1  Ivor  former  rcg- 

anew,  it  she  shall  not  be  so  reoistered  anew,  sbe  shall  notistcr. 
be  entitled  to  any  of  the  ]irivileg-es  or  benetits  of  a  vessel  ^^- '^■^ '•^'''•'■ 
of  the  Ignited  States.  And  if  her  former  certificate  of  reg- 
istry is  not  delivcn^l  uj),  exce})t  where  the  same  may  have 
been  destroyed,  lost,  or  unintentionally  mislaid,  and  an  oath 
thereof  shall  have  been  made,  as  herein])efore  prescribed, 
the  owner  of  such  vessel  shall  be  liable  to  a  penalt}'  of  tivc 
hundred  dollars,  to  be  recovered,  with  costs  of  suit. 

EA-ery  cin-titicate  of  registry  which  is  delivered  up  to  a  j,p|^''>!j'^J;"^^'^^^""of 
collector  on  the  loss,  destruction,  or  capture  of  a  vessel,  or    R-  i^.,'i>i7!t. 
the  transfer  thereof  to  a  foreigner,  shall  be  forthwith  trans-    '[^s''^lat^f{s ) 
nutted  to  the  Commissioner  of  Navigation  to  be  canceled;    scc.^. 
who.  if  the  same  shall  have  Iteen  delivered  up  to  a  collector 
other  than  of  the  district  in  which  it  was  granted,  shall 
caus(>  notice  of  such  deliver}^  to  be  given  to  the  collector  of 
such  district. 

Whenever  the  master  or  owner  of  a  vessel  shall  deliver    ^^-  ''■'  ^^^•''>- 
up  the  register  of  such  vessel,  agreeably  to  the  provisions 
of  this  Title  [R.  S.,  4131-4805],  if  to  the  collector  of  the 
district  where  the  same  was  granted,  the  collector  shall 
thereupon  cancel  the  bond  which  shall  have  been  given  at    Jan  m.isoa. 

,,       ,.    i         ,.  ,.  ,  .    ,  ...  ,       ,,  11       i.  J!      {2S  Stat.,  62U.) 

the  tune  of  grantmg  such  register;  or  it  to  the  collector  or 
any  other  district,  such  collector  shall  grant  to  the  master, 
commander,  or  owner,  a  receipt  or  acknowledgment  that 
such  register  has  been  delivered  to  him,  and  the  time  when; 
and  upon  such  receipt  being  produced  to  the  collector  by 
whom  the  register  was  granted,  he  shall  cancel  the  bond 
of  the  party,  as  if  the  register  had  been  returned  to  him. 
[Note. — Bonds  abolished  Januaiy  16,  1895.  This  section 
•applies  only  to  outstanding  bonds.] 

The  collectors  of  the  several  districts  may  enroll  and  jj.£]^g*"^''^     "^ 
license  any  vessel  that  may  be  registered,  upon  such  regis-    R-  *'.,  a-j^.^ 
try  being  given  up,  or  may  register  any  vessel  that  may  be 
enrolled,  upon  such  enrollment  and  license  being  given  up. 

When  any  vessel  shall  be  in  any  other  district  than  the    R-  ■"'■•  '*-^~^- 
one  to  which  she  belongs,  the  collector  of  such  district,  on 
the  ai)[)lication  of  the  master  thereof,  and  upon  his  taking 
an  oath  that,  according  to  his  best  knowledge  and  belief, 
the  property  remains  as  expressed  in  the  register  or  enroll- 
ment i)roposed  to  be  given  up,  shall  make  the  exchange  of    "[T^-j^^i  ^ff;. 
an  (Mirollment  for  a  register  or  a  register  for  an  enrollment; 
but  in  every  such  case,  the  collector  to  whom  the  register 
or  enrollment  and  license  may  be  given  up  shall  transmit 
the  same  to  the  Commissioner  of  Navigation;  and  the  reg-    Juiy.'i.  mi. 
ister,  or  enrollment  and  license,  granted  in  lieu  thereof,        '     ' 
shall,  within  ten  days  after  the  arrival  of  such  vessel  within 
th(!  district  to  which  she  ))elongs,  be  delivered  to  the  col- 
lector of  the  district,  and  be  by  him  canceled.     Jf  the  mas- 
ter shall  neglect  to  deliver  the  register  or  enrollment  and 


R.  S.,  1,312 


180  BUKEAU    OF   NAVIGATION 

license  within  such  time,  he  shall  be  liable  to  a  penalt}^  of 
one  hundred  dollars. 
Method  of  en-     Jj^  order  for  the  enrollment  of  any  vessel,  she  shall  pos- 

rollment     and  .,  !•,•       a-  i   ji  •  /     • 

license.  sess  the  sauio  qualmcations,  and  the  same  requirements  in 

all  respects  shall  be  complied  with,  as  are  required  before 
registering-  a  vessel;  and  the  same  powers  and  duties  are 
conferred  and  imposed  upon  all  officers,  respectively,  and 
the  same  proceedings  shall  be  had,  in  enrollment  of  ves- 
sels, as  are  prescribed  for  similar  cases  in  registering;  and 
vessels  enrolled,  with  the  masters  or  owners  thereof,  shall 
be  subject  to  the  same  requirements  as  are  prescribed  for 
registered  vessels. 
Oath  of  master     ^q  licensed  vesscl  shall  be  emiDloyed  in  any  trade  whereby 

fin(i  owner.  •  -  *"^  ■  *^ 

a.  s.,  i32o.       the  revenue  laws  of  the  United  States  shall  be  defrauded. 
The  master  of  every  such  vessel  shall  swear  that  he  is  a  citi- 
zen of  the  United  States,  and  that  such  license  shall  not  be 
used  for  any  other  vessel  or  any  other  emplo3'ment  than 
that  for  which  it  was  speciallj^  granted,  or  in  any  trade  or 
business  whereby  the  revenue  of  the  United  States  may  be 
defrauded;  and  if  such  vessels  be  less  than  twenty  tons 
burden,  the  husljand  or  managing  owner  shall  swear  that 
she  is  wholly  the  propert}^  of  citizens  of  the  United  States; 
whereupon  it  shall  be  the  duty  of  the  collector  of  the  dis- 
trict comprehending  the  port  whereto  such  vessel  may  belong 
Jan.  16, 1S95    to  grant  a  license.     Any  master  or  owner  violating  the  pro- 
gsstat,  625.)  y[^[QYi^  of  t^jig  section  shall  l)e  liable  to  the  penalty  of  two 
hundred  dollars,  in  addition  to  any  other  penalty  imposed 
Feb.  u,  1903.    by  law.     The  Secretary  of  Commerce  and  Labor  shall  have 
!&c.'m'"  *~^'^  power  to  remit  or  mitigate  any  such  penalty  if  in  his  opin- 
ion it  was  incurred  without  negligence  or  intention  of  fraud. 
it^s  ussi,  -^^^  vessels  su])ject  to  enrollment  or  license  shall  be  liable 

June  19, 1886.  to  the  payment  of  the  fees  established  l)y  law  for  services 
(%  Stat.,  79.)  ^f  customs  officers  incident  thereto.  [See  page  239.] 
rofiment  °^  '^""  '^^^^  rccord  of  the  enrollment  of  a  vessel  shall  be  made, 
R.s.,m9.  and  an  abstract  or  copy  thereof  granted,  as  nearly  as  may 
be  in  the  following  form:  ["J  Enrollment.  In  conformity 
to  Title  L,  [K.  S.  4311-4390]  'Recjulation  of  vessels  in 
DOMESTIC  COMMERCE,'  of  the  Roviscd  statutes  of  the 
United  States,  (inserting  here  the  name  of  the  person,  with 
his  occupation  and  place  of  abode,  by  whom  the  oath  or 
affirmation  is  to  be  made,)  having  taken  and  su}>'  jribed  the 
oath  (or  affirmation)  required  by  law,  and  havi.g  sworn  (or 
affirmed)  that  he  (or  she,  and  if  more  than  one  owner  adding 
the  words  '  together  with,'  and  the  name  or  names,  occupa- 
tion or  occupations,  place  or  places  of  abode  [,]  of  the  owner 
or  owners,  and  the  part  or  proportion  of  such  vessel  belong- 
ing to  each  owner)  is  (or  are)  a  citizen  (or  citizens)  of  the 
United  States,  and  sole  owner  (or  owners)  of  the  ship  or 
vessel  called  the  (inserting  here  her  name),  of  (inserting 
here  the  name  of  the  port  to  which  she  may  belong), 
whereof  (inserting  here  the  name  of  the  master)  is  at  pres- 
ent master,  and  is  a  citizen  of  the  United  States,  and  that 
the  said  ship  or  vessel  was  (inserting  here  when  and  where) 
built,  and  (inserting  here  the  name  and  office,  if  any,  of 


BUREAU    OB^    NAVIGATION  181 

the  porsoii  l>v  whom  she  shiiU  have  boon  survoyed  and 
iiicasiirt'd),  luniui;-  cortitied  that  th(^  said  sliip  oi-  vcsscd  has 
(insertiiiii"  hove  the  minil)er  of  decks),  and  (insertiiio-  lierc 
tlie  niiinher  of  masts),  and  tliat  her  k'n<;th  is  (inserting- 
liere  the  num])er  of  feet),  her  l)readth  (inserting-  here  the 
number  of  feet),  her  depth  (inserting-  hero  the  niunber  of 
feet),  and  that  she  measures  (inserting- here  her  number  of 
tons);  that  she  is  (describing-  here  the  particukir  kind 
of  vessel,  whether  ship,  brig-antine,  snow,  schooner,  sloop, 
or  whatever  else,  together  with  her  build,  and  speeitying 
whether  she  has  any  or  no  gallery  or  head),  and  the  said 
(nainingthcownier  or  the  master,  or  other  person  acting  in 
b(>half  of  the  owner  or  owners,  hy  whom  the  certificate 
of  measurement  shall  have  been  countersig-ned),  having 
agreed  to  the  description  and  measurement  above  specified, 
according  to  the  said  Title,  the  said  ship  or  vessel  has  been 
duly  enrolled  at  the  port  of  (naming  the  port  where  fis'stailett) 
enrolled).  Given  under  my  hand  and  seal,  at  (naming  the 
said  port),  this  (inserting  the  particular  day)  day  of  (nam- 
ing the  month),  in  the  year  (specifying  the  numl)er  of  the 
year,  in  words,  at  length).'' 

The  form  of  a  license  for  carrying  on  the  coasting-trade    Form  of  li- 
or  fisheries  shall  l)e  as  follows:  n.  ,s.,  /,s2i. 

"License  for  carrying-  on  the  (here  insert  'coasting 
trade,'  'whale-fishery,'  'mackerel-fishery,' or  'cod-fishery', 
as  the  case  may  be). 

"In  pursuance  of  Title  L  [R.  S. ,  4311-l:30( )] , '  Regulation 
OF  VESSELS  IN  DOMESTIC  COMMERCE,'  of  the  Revised  Stat- 
utes of  the  United  States,  (inserting  here  the  name  of  the 
husl)and  or  managing  owner,  with  his  occupation  and  place 
of  abode),  and  the  name  of  the  master,  with  the  place  of  his 
a))ode,  having  [given  bond]  that  the  (insert  here  the  de-  -JaniGisys 
scription  of  the  vessel,  whether  ship,  brigantine,  snow, 
schooner,  sloop,  or  whatever  else  she  may  be),  called  the 
(insert  here  the  vessel's  name),  whereof  the  said  (naming 
the  master)  is  master,  burden  (ii'isert  here  the  number  of 
tons,  in  Avords)  tons,  as  appears  by  her  enrollment,  dated 
at  (naming  the  district,  day,  month  and  year,  in  words  at 
length,  but  if  she  be  less  than  twenty  tons,  insert,  instead 
thereof,  'proof  being  had  of  her  admeasurement')  shall 
not  be  employed  in  any  trade,  Avhile  this  license  shall  con- 
tinue in  force,  wJiereby  the  revenue  of  the  United  States 
shall  be  defrauded,  and  having  also  sworn  (or  affirmed) 
that  this  license  shall  not  be  used  for  any  other  vessel,  or 
for  any  other  employment,  than  is  herein  specified,  license 
is  hereby  granted  for  the  said  (inserting  here  the  descrip- 
tion of  the  vessel)  called  the  (inserting  here  the  vessel's 
name.)  to  be  employed  in  carrying  on  the  (inserting  here 
'coasting-trade,'  'whale-fishery,'  '  mackerel-fisher}-,'  or 
'  cod-fisher}^',  as  the  case  may  be),  for  one  year  from  the 
date  hereof,  and  no  longer.  Given  under  mv  hand  and 
seal  at  (naming  the  said  district),  this  (inserting  the  par- 
ticular day),  day  of  (naming  the  month),  in  the  year  (speci- 
fying- the  nuni])er  of  the  year  in  words  at  length)." 
[Bonds  abolished  Jan.  1(5,  18!<5.J 


cense 


cense. 


182'  BUREAU    OF    NAVIGATION 

K.  s.,  1,333.  ^\^Q  collector  of  each  district  .shall  progressively  number 

the  licenses  by  him  granted,  beginning  anew  at  the  com- 
mencement of  each  j'ear,  and  shall  make  a  record  thereof 
in  a  book,  to  be  by  him  kept  for  that  purpose,  and  shall, 

f2%fat^^ns )  once  in  three  months,  transmit  to  the  Commissioner  of 
Navigation  copies  of  the  licenses  which  shall  have  been  so 
granted  by  him;  and  also  of  such  licenses  as  shall  have 
been  given  up  or  returned  to  him,  respectively,  in  pur- 
suance of  this  Title  [R.  S.,  .1:311-4390].  Whenever  any 
vessel  is  licensed  or  enrolled  anew,  or  being  licensed  or 
enrolled  is  afterward  registered,  or  being  registered  is 
afterward  enrolled  or  licensed,  she  shall,  in  every  such 
case,  be  enrolled,  licensed,  or  registered  by  her  former 
name. 

Duration  of  h-     ^^  license,  granted  to  any  vessel,  shall  be  considered  in 

ji.  ,s.,  /.3-2/,.  force  any  longer  than  such  vessel  is  owned,  and  of  the 
description  set  forth  in  such  license,  or  for  carrying  on 
any  other  business  or  employment  than  that  for  which  she 
is  specially  licensed. 

Surrender  of  li-     --fhe  liceusG  granted  to  an}^  vessel  shall  be  given  up  to 

R.  s.,  1,325.  the  collector  of  the  district  who  may  have  granted  the 
same,  within  three  days  after  the  expiration  of  the  time 
for  which  it  was  granted,  in  case  such  vessel  be  then  within 
the  district,  or  if  she  be  absent  at  that  time,  within  three 
da3\s  from  her  first  arrival  within  the  district  afterward, 
or  if  she  be  sold  out  of  the  district,  within  three  days  after 
the  arrival  of  the  master  within  any  district,  to  the  col- 
lector of  such  district,  taking  his  certihcate  therefor;  and 
if  the  master  thereof  shall  neglect  or  refuse  to  deliver  up 
the  license,  he  shall  be  liable  to  a  penalty  of  tifty  dollars. 

/i.s.,i32G.  If  <i,yiQ\x  license,  however,  shall  have   been   previously 

given  up  to  the  collector  of  any  other  district,  as  author- 
ized ])y  this  Title  [R.  S. ,  4311-1300],  and  a  certiticate  thereof 
under  the  hand  of  such  collector  be  produced  by  such 
master,  or  if  such  license  be  lost,  or  destroyed,  or  uninten- 
tionally mislaid  so  that  it  cannot  be  found,  and  the  master 
of  such  vessel  shall  make  and  subscribe  an  oath  that  such 
license  is  lost,  destroyed,  or  unintentionally  mislaid,  as  he 
verily  believes,  and  that  the  same,  if  found,  shall  be  deliv- 
ered up,  as  is  herein  required,  then  the  penalty  prescribed 
in  the  preceding  section  shall  not  be  incurred.  If  such 
license  shall  be  lost,  destroy' ed,  or  unintentionally  mislaid, 
before  the  expiration  of  the  time  for  which  it  was  granted, 
upon  the  like  oath  ])eing  made  and  subscribed  by  the 
master  of  such  vessel,  the  collector,  upon  application  being 
made  therefor,  shall  license  such  vessel  anew. 

R.  s.,  1,327.  The  owner  of  an}"  licensed  vessel  may  return  such  license 

to  the  collector  who  granted  the  same,  at  any  time  within 
the  year  for  which  it  was  granted;  and  thereupon  the  col- 
lector shall  cancel  the  same,  and  shall  license  such  vessel 
anew,  upon  the  application  of  the  owner,  and  upon  the 
conditions  hereinbefore  required  being  complied  with. 
aiKi"  hVei'sl^'to  Enrollments  and  licenses  for  vessels  owned  by  an}^  incor- 
^'^TT^ms'      porated  company  may  be  issued  in  the  name  of  the  presi- 


BUREAIt    OF    NAVIGATION  183 

(lent  or  .socivtarv  of  such  conipany;  luul  such  curolhneuts 
or  Hcenses  shall  not  ho  vacated  or  atlected  l)\'  any  sale  of 
shares  of  stock  in  such  conii)any. 

Previous  to  urantiuo'enrolhnent  and  license  for  any  ves-  j;,i^;'Jf/}yoj. 
sel  owned  hy  any  incori)orated  conipany,  or  hy  any  indi-  (s.^ -^lut.,  syy.) 
vidual  or  individuals,  tlie  president  or  secretarv  of  such 
conipany,  or  any  other  officer  or  agent  thereof,  duU'  au- 
thorized hy  said  company  in  writing-,  attested  hy  the  cor- 
porate seal  thereof,  to  act  in  its  ])ehalf,  or  the  nianagiiig 
owner,  or  his  agent  duly  authorized  hy  power  of  attorney, 
when  such  vessel  is  owned  hy  an  individual  or  individuals, 
shall  swear  to  the  ownership  of  such  vessel  without  desig- 
nating the  names  of  the  persons  composing  such  company, 
when  such  vessel  is  owned  ))y  a  corporation,  which  otith 
shall  he  deemed  sufficient  Avithout  reijuiring  the  oath  of 
any  other  person  interested  or  concerned  in  such  vessel. 

Upon  the  death,  removal,  or  resignation  of  the  president    ^-  •'''•-  ''^'^''•■ 
or  secretary  of   any  incorporated  company  owning   an}" 
steamhoat  or  vessel,  a  new  enrollment  and  license  shall  he 
taken  out  for  such  steamhoat  or  vessel. 

Whenever  it  appears,  hy  satisfactory  proof,  to  the  Com-_^^^<^j^'i^i^"&e    of 
niissioner  of  Navigation  that  any  vessel  has  heen  sold  and    r.  s'.._.',sj;). 
transferred  l)y  process  of  law,  and  that  the  certificate  of    'l!!3%at^'ns.) 
enrollment  or  license  of  such  vessel  is  retained  hy  the  for- 
mer owner,  the  Commissioner  may  direct  the  collector  of 
the  district  to  which  such  vessel  belongs  to  grant  a  new 
certiticatc  of  enrollment  or  license,  on  the  owner's,  under 
such  sale,  complying  with  such  terms  and  conditions  as  are 
hy  law  required  for  granting  of  such  papers,  excepting  only 
the  delivering  up  of  the  former  certificate  of  enrollment  or 
license.     But  nothing  in  this  section  shall  be  construed  to 
remove  the  liabilitv  of  any  person  to  any  penalty  for  not 
surrendering  up  the  papers  belonging  to  any  vessel,  on  a 
transfer  or  sale  of  the  same. 

Whenever  the  master  of  any  licensed  vessel,  ferrj'-boatSj^^^p*^^"^*^  °^ 
excepted,  is  changed,  the  new  master,  or,  in  case  of  his  i.  s.,  /.sss. 
absence,  the  owner  or  one  of  the  owners  thereof,  shall 
report  such  change  to  the  collector  residing  at  the  port 
where  the  same  happens,  if  there  be  one;  otherwise,  to 
the  collector  residing-  at  any  port  where  such  vessel  next 
arrives,  w^ho,  upon  the  oath  of  such  new  master,  or,  in  case 
of  his  absence,  of  the  owner,  that  such  master  is  a  citizen 
of  the  United  States,  and  that  such  vessel  shall  not,  while 
such  license  continues  in  force,  be  employed  in  any  man- 
ner Avhereby  the  revenue  of  the  United  States  may  be 
defrauded,  shall  indorse  such  change  on  the  license,  with 
the  name  of  the  new  master.  Whenever  such  change  is 
not  reported,  and  indorsed,  as  herein  required,  such  ves- 
sel, if  found  carrying  on  the  coasting-trade  or  fisheries, 
shall  be  subject  to  pay  the  same  fees  and  tonnage  as  a  ves- 
sel of  the  United  States  having-  a  register,  and  the  new 
master  shall  be  liable  to  a  penaltv  of  ten  dollars. 

In  every  case  where  the  collector  is  by  this  Title  [R.  S. ,  ^  c^^t^|;™^io,°,^y 
4311-43'jdj  directed  to  grant  any  enrollment,  license,  cer-    ie.  .s.,  453^'. 


184  BUREAU    OF   NAVIGATION 

tificate,  permit  or  other  document,  the  naval  officer  resid- 
ing at  the  port,  if  there  be  one,  shall  sign  the  same;  and 
every  surveyor  who  certifies  a  manifest,  or  grants  any 
permit  or  who  receives  any  certified  manifest,  or  any  per- 
mit, as  is  provided  for  in  this  Title,  shall  make  return 
thereof,  monthly,  or  sooner,  if  it  can  convenientl}'  be 
made,  to  the  collector  of  the  district  where  such  surveyor 
resides. 
outsi'de'^of"d'i's-  Whenever  it  becomes  necessary  for  the  owner  of  an}^ 
trict.  vessel  of  the  United  States  navigating  the  waters  of  the 

Apr'.n%%/,.    United  States,  and  being  in  a  district  other  than  that  to 

(IS  Stat.,  so.)  which  such  vessel  belongs,  to  procure  her  enrollment  and 
license,  or  license,  or  renewal  thereof,  the  same  proceedings 
may  be  had  in  the  district  in  which  the  vessel  then  is  as 
are  required  by  law  on  application  for  such  enrollment  and 
license,  or  license,  or  renewal  thereof,  as  the  case  may  be, 
in  the  district  to  which  such  vessel  belongs,  excepting  the 

Jan.  16, 1S95.    enrollment  and  issuance  of  license;  and  the  officer  before 

{,28Stat..,G2it.)  ^jjQ^^  swoh.  proceeding  is  had  shall  certify  the  same  to  the 
collector  of  the  district  to  which  such  vessel  belongs,  who 
shall  thereupon  duly  enroll  the  vessel  and  issue  license  in 
the  same  form  as  if  the  application  had  originally  been 
made  in  his  office;  and  shall  either  deliver  the  license  to 
the  owner,  or  forward  it  by  mail  to  the  officer  who  certi- 
fied to  him  the  preliminary  proceedings;  and  in  the  latter 
case,  such  officer  shall  deliver  the  license  to  the  owner  or 
master  of  the  vessel. 

Special  pro-     The  assistant  collector  at  Jersey  City  may  enroll  and 
roiiment^"'^a  n'd  Hccnse  all  vcsscls  engaged  in  the  coasting-trade  and  fish- 
"Tls^'wio        eries,  owned  in  whole  or  in  part  by  residents  of  the  coun- 
ties of  Hudson  and  Bergen,  in  the  State  of  New  Jersey. 

It  H., /.i'yui.  The  assistant  collector  for  the  port  of  Camden,  in  New 

Jerse}^,  may  enroll  and  license  all  vessels  engaged  in  the 
coasting-trade  and  fisheries,  owned  in  whole  or  in  part  by 
residents  of  that  portion  of  the  Bridgeton  district  lying 
north  of  AUowaj^'s  Creek,  in  the  county  of  Salem,  in  the 
State  of  New  Jersey. 

R.  s..  1,31,2.  The  owners  of  vessels  residing  on  New  River,  in  Onslow 

County,  in  the  State  of  North  Carolina,  shall  have  the 
privilege  of  taking  out  registers  or  enrollments  and  licenses 
at  Wilmington,  in  that  State,  and  the  collector  of  that  dis- 
trict may  grant  the  same  on  the  conditions  required  by  law. 

R.  s.,  ms.  The  deputy  collector  who  may  be  appointed  to  reside  at 

Chesapeake  City,  in  Maryland,  shall  have  power  to  grant 
enrollments  and  licenses  to  vessels.'^ 

R.  s.,  i3/.5.  The  surveyors  appointed  for  the  ports  of  Cold  Spring,  on 

the  north  side  of  Long  Island,  Greenport  and  Port  Jeli'er- 
son,  all  in  the  State  of  New  York,  shall  have  power  to 
enroll  and  license  vessels  to  be  employed  in  the  coasting 
trade  and  fisheries,  and  to  enter  and  clear,  and  grant  reg- 
isters and  other  usual  papers  to  vessels  employed  in  the 
whale-fisheries,  under  such  restrictions  and  regulations  as 
the  Secretary  of  Commerce  and  Labor  may  deem  necessary. 

R.s.,/,3i6.  Any  surveyor  who  shall  perform  the  duties  directed  to 

«  R.  S.  4344,  on  page  253. 


BUREAU    OK    NAVIGATION  185 

1)0  performed  by  the  two  preceding  sections  shall  be  entitled 
to  receive  the  sanie  coniniissioiis  :uul  fees  as  are  allowed  by 
law  to  collectors,  for  perforniino-  the  same  duties. 

Aiiv  othcer  concerned  in  the  collection  of  the  i"GVonue^,jJi!^^'',yj'jJ'[_'|[''j^iJ|| 
mav  at  all  times  inspect  the  enrollment  or  license  of  any  lucnse. 
vessel;  and  if  the  master  of  any  such  vessel  shall  not  ex-    ^'- '-••  ^'^■*- 
lijhit  the  same,  when  required  ])v  such  officer,  he  shall  be 
Hal  tie  to  a  penalty  of  one  hundred  dollars. 

Kverv  vessel  built  in  the  United  States,  and  belono-in'o-  Recorci  of 
wholly  or  in  part  to  the  subjects  of  foreign  powers,  m  order  v.sscisou  ikmi  i.y 
to  be  entitled  to  the  benefits  of  a  ship  built  and  i"ecorded '^  j^'";;.;  ^^^..^^ 
in  the  United  States,  shall  l)e  recorded  in  the  office  of  the 
collector  of  the  district  in  which  such  vessel  was  built,  in 
the  manner  following- :  The  builder  of  every  such  vessel  shall 
make  oath  l)efore  the  collector  of  such  district  in  manner 
following:  ''I,  (inserting  here  the  name  of  such  builder),  of 
(inserting  here  the  place  of  his  residence),  shipwright,  do 
swear  (or  affirm)  that  (describing  here  the  kind  of  vessel, 
as  Avhether  ship,  brig,  scow,  schooner,  sloop,  or  whatever 
else)  named  (inserting  here  the  name  of  the  ship  or  vessel), 
having  (inserting  here  the  number  of  decks),  and  being  in 
length  (inserting  here  the  number  of  feet),  in  breadth  (in- 
serting here  the  number  of  feet),  in  depth  (inserting  here 
the  numl)er  of  feet),  and  measuring  (inserting  here  the  num- 
l)or  of  tons),  having  (specifying  whether  anj^  or  no)  gallery, 
and  (also  specifying  whether  any  or  no)  head,  was  built  by 
me  or  under  my  direction  at  (naming  the  place,  count}^, 
and  State),  in  the  United  States,  in  the  year  (inserting  here 
the  numl)er  of  the  year)."  Which  oath  shall  be  subscribed 
by  the  person  making  the  same,  and  shall  be  recorded  in  a 
book  to  be  kept  by  the  collector  for  that  purpose. 

The  collector  shall  cause  the  vessel  so  built  to  be  surveyed  ^^-  •'^'•.  '^^''*^- 
or  measured,  and  the  person  by  whom  such  measurement 
is  made  shall  grant  a  certificate  thereof,  as  in  the  case  of  a 
vessel  to  be  registered,  which  certificate  shall  be  counter- 
signed by  the  builder,  and  by  an 'owner  or  the  master  or 
person  having  the  command  or  charge  thereof,  or  by  some 
other  person  being  an  agent  for  the  owner  thereof,  in  testi- 
mony of  tlie  truth  of  the  particulars  therein  contained. 

A  certiticate  of  the  record,  attested  under  the  hand  and  ^''  ''■''*^^~- 
seal  of  the  collector,  shall  be  granted  to  the  master  of 
every  such  vessel,  as  nearly  as  may  be,  of  the  form  fol- 
lowing: "In  pursuance  of  chapter  one.  Title  XLVIII 
I K.  S.,  4-131-4305],  "Regulation  of  Commerce  and  Navi- 
(iATioN."  of  the  Revised  Statutes  of  the  United  States,  I, 
(inserting  here  the  name  of  the  collector  of  the  district), 
of  (inserting  here  the  name  of  the  district),  in  the  United 
States,  do  certify  that  (inserting  here  the  name  of  the 
builder),  of  (inserting  here  the  place  of  his  residence, 
county,  and  State),  having  sworn  (or  affirmed)  that  the 
(describing  the  ship  or  A^essel,  as  in  the  certiticate  of  record) 
named  (inserting  here  her  name),  whereof  (inserting  here 
the  name  of  the  master)  is,  at  present,  master,  was  built  at 
(inserting  here  the  name  of  the  place,  county,  and  State 


1^6  BUREAU    OF    NAVIGATION 

where  built),  by  him  or  under  his  direction,  in  the  3"ear 
(inserting-  here  the  number  of  the  year);  and  (inserting 
hero  the  name  of  the  surveyor,  or  other  person,  by  whom 
the  measurement  shall  have  been  made)  having  certified 
that  the  said  ship  or  vessel  has  (inserting  here  her  number 
of  decks),  is  in  length  (inserting  here  the  number  of  feet), 
in  breadth  (inserting  here  the  number  of  feet),  in  depth 
(inserting  here  the  number  of  feet),  and  measures  (insert- 
ing here  the  number  of  tons):  And  the  said  builder  and 
(naming  and  describing  the  owner,  or  master,  or  agent  for 
the  owner  or  owners,  as  the  case  may  be,  by  whom  the  said 
certificate  shall  have  been  countersigned)  having  agreed  to 
the  said  description  and  admeasurement,  the  said  vessel 
has  been  recorded,  in  the  district  of  (inserting  here  the 
name  of  the  district  where  recorded),  in  the  United  States. 
Witness  my  hand  and  seal  this  (inserting  here  the  day  of 
the  month)  day  of  (inserting  here  the  name  of  the  month), 
in  the  year  (inserting  here  the  numl)er  of  the  year)." 
Which  certificate  shall  be  recorded  in  the  office  of  the  col- 

Miy  5,  iss!,.     lector,  and  a  duplicate  thereof  transmitted  to  the  Commis- 

(•sastat,  us.)  sioner  of  Navigation  to  be  recorded  in  his  office. 

R.  s.,  US3.  Whenever  the  master  or  the  name  of  a  vessel  so  recorded 

is  changed,  the  owner,  part  owner,  or  consignee  of  such 
vessel  shall  cause  a  memorandum  thereof  to  be  indorsed 
on  the  certificate  of  the  record,  ])y  the  collector  of  the  dis- 
trict where  such  vessel  may  be,  or  at  which  she  shall  first 
arrive  if  such  change  took  place  in  a  foreign  countr}";  and 
a  copy  thereof  shall  be  entered  in  the  book  of  records,  a 
transcript  whereof  shall  be  transmitted  by  the  collector  to 
the  collector  of  the  district  where  such  certificate  was 

Julys,  is»/,.     gi'tiiited,  if  not  the  same  person,  who  shall  enter  the  same 

(2s'stat.,  us.)  in  his  book  of  records,  and  forward  a  duplicate  of  such 
entryto  the  Commissioner  of  Navigation;  and  in  such  case, 
until  the  owner,  part  owner,  or  consignee  shall  cause  the 
memorandum  to  be  made  by  the  collector,  in  the  manner 
above  prescribed,  such  vessel  shall  not  be  deemed  a  vessel 
recorded,  in  pursuance  of  this  Title  [R.  S.,  4131-4305]. 

R.  s.,  hisi,.  The  master  or  other  person   having  the  command  or 

charge  of  any  vessel,  recorded  in  pursuance  of  this  Title 
[R.  S.,  4131-4305],  shall,  on  entry  of  such  vessel,  produce 
the  certificate  of  such  record  to  the  collector  of  the  district 
where  she  is  so  entered;  and  in  default  thereof  the  vessel 
shall  not  be  entitled  to  the  privileges  of  a  recorded  vessel. 

Offenses  against  E\  cry  collcctor  or  officcr  who  knowingly  makes,  or  is 
*^'*^'^I^*Ij«'''"^'  concerned  in  making,  any  false  register  or  record,  or  who 
knowingly  grants  or  is  concerned  in  granting,  any  false 
certificate  of  registr}^  or  record  of  or  for  any  vessel,  or  any 
other  false  document  whatever  touching  the  same,  contrary 
to  the  true  intent  and  meaning  of  this  Title  [R.  8. ,  4131- 
4305],  or  who  designedly  takes  any  other  or  greater  fees 
than  are  ])y  this  Title  allowed,  or  who  receives  any  volun- 
tary reward  or  gratuity  for  any  of  the  services  performed, 
pursuant  thereto;  and  every  surveyor  or  other  person 
appointed  to  measure  any  vessel,  who  willfully  delivers  to 


BUREAU    OF    NAVIGATION  187 

any  collector  or  naval  ofticer  a  false  description  of  such 
vessel,  to  be  re*;isterod  or  rrcordinl,  shall  he  punishal)lc 
by  51  tine  of  one  thousand  dollars,  and  lu^  rcMulerinl  incapa- 
ble of  servino"  in  any  office  of  trust  or  profit  under  the 
United  States. 

If  any  person  authorized  and  recjuired  by  this  Title  |K.  K.f!.,/.m. 
S.,  41oi-4305j  to  perform,  as  an  officer,  any  act  or  tliini;-, 
willfully  nei^-lects  to  do  or  perform  the  same,  according;  to 
the  true  intent  and  meaning-  of  this  Title,  he  shall,  if  not 
«<ul>ject  to  the  penalty  and  dis([ualitication  prescribed  in 
the  pret-ediuo-  section,  l)e  punishable  1)V  a  tine  of  live  hun- 
dred dollars  for  the  tirst  ott'ense,  and  by  a  like  tine  for  the 
secoiul  otl'ense,  and  shall  thencidorth  be  rendered  incapal)lc 
of  holding  anv  office  of  trust  or  profit  under  the  United 
States. 

Whenever  any  certiticate  of  rej^-istrv,  enrollment,  or  i-i.  ,s., /,is9. 
license,  or  other  record  or  document  granted  in  lieu  thereof, 
to  any  vessel,  is  knowingly  and  fraudulent!}'  obtained  or 
used  for  any  vessel  not  entitled  to  the  })enetit  thereof,  such 
vessel,  with  her  tackle,  apparel,  and  furniture,  shall  bo 
lia))le  to  forfeiture. 

No  sea-letter  or  other  document  certifying  or  proving  any  sca-ietter  and 
vessel  to  l)e  the  property  of  a  citizen  of  the  United  States  ^'^^"I'^v!^ iiso. 
shall  be  issued,  except  to  vessels  duly  registered,  or  enrolled 
and  bcensed  as  vessels  of  the  United  States,  or  to  vessels 
which  shall  be  wholly  owned  by  citizens  of  the  United 
States,  and  furnished  with  or  entitled  to  sea-letters  or 
other  custom-house  documents. 

Pvvery  person  who  knowingly  makes,  utters,  or  publishes  ^i-  ^-^  I'^^i. 
any  false  sea-letter,  Mediterranean  passport,  or  certiticate 
of  registry,  oi-  who  knowingly  avails  himself  of  any  such 
Mediterranean  passport,  sea-letter,  or  certiticate  of  regis- 
try, shall  i)e  lialde  to  a  penalty  of  not  more  than  live  thou- 
sand dollars,  and,  if  an  officer  of  the  United  States,  shall 
thenceforth  l)e  incapable  of  holding  any  office  of  trust  or 
profit  under  the  authority  of  the  United  States. 

Everv  collector,  who  knowinglv  makes  anv  record  of  offensesagninst 

,,    '  ,.         '  ,,  i'  1  'j.1  m  enrollment   and 

enrollment  or  license  or  any  vessel,  and  every  other  oiiicer,  lieense  laws. 
or  person,  appointed  by  or  under  them,  who  makes  any  -«■*'•.  45;5. 
record,  or  grants  any  certiticate  or  other  document  what- 
ever, contrary  ^o  the  true  intent  and  meaning  of  this  Title 
[R.  S..  4311— ioUOj,  or  takes  any  other  or  greater  fees  than 
are  by  this  Title  allowed,  or  receives  for  any  service  per- 
formed pursuant  to  this  T'itle,  any  reward  or  gratuity,  and 
every  siu-veyor,  or  other  person  appointed  to  measure  ves- 
sels, who  willfully  delivers  to  any  collector  or  naval  officer 
a  false  description  of  any  vessel,  to  ))e  enrolled  or  licensed, 
in  pursuance  of  this  Title,  shall  be  liable  to  a  penalty  of 
live  hundred  dollars,  and  be  rendered  incai)al)le  of  serving 
in  any  office  of  trust  or  profit  under  the  United  States. 

Every  person,  authorized  and   required  by  this  Title    K.s.,i.!i7!,. 
[K.  S.,  i311-43;M)]  to  perform  any  act  or  thing  as  an  ofHcer, 
who  willfully  neglects  or  refuses  to  do  and  perform  the 
same,  according  to  the  true  intent  and  meaning  of  this 


188 


BUKEAU    OF   NAVIGATION 


Title,  shall,  if  not  subject  to  the  penalt}^  and  disqualifica- 
tions prescribed  in  the  preceding  section,  be  liable  to  a 
penalty  of  five  hundred  dollars  for  the  first  ofii'ense,  and  of 
a  like  sum  for  the  second  offense,  and  shall,  after  convic- 
tion for  the  second  offense,  be  rendered  incapable  of  hold- 
ing- any  office  of  trust  or  profit  under  the  United  States. 

B.  s.,  !,sir<.  Every  person  who  forges,  counterfeits,  erases,  alters,  or 

falsifies  any  enrollment,  license,  certificate,  permit,  or 
other  document,  mentioned  or  required  in  this  Title  [R.  S., 
4311-4390],  to  be  granted  by  any  officer  of  the  revenue, 
such  person,  so  offending,  shall  be  liable  to  a  penalty  of 
five  hundred  dollars. 

R.  s.,  f.s7r,.  Every  person  who  assaults,  resists,  obstructs,  or  hinders 

any  officer  in  the  execution  of  any  act  or  law  relating  to 
the  enrollment,  registry,  or  licensing  of  vessels,  or  of  this 
Title  [R.  S. ,  4311-4390],  or  of  any  of  the  powers  or  author- 
ities vested  in  him  by  any  such  act  or  law,  shall,  for  every 
such  offense,  for  which  no  other  penalty  is  particularly 
provided,  be  liable  to  a  penalty  of  five  hundred  dollars. 

OFFICERS   OF   MERCHANT   VESSELS 


Citizenship 
officers. 
R.  ,S'.,  1,131. 


May  2S,  1S96. 
(29  Stat,  188.) 
Sec.  1. 


June  26,  ISS!,. 
(33  Stnt,  ril,.) 
Sec.  1. 


May  28, 1896. 
(29  Stat.,  189. 
Sec.  3. 


K  ('  m  o  V  n  1 
miister. 
2i.  S.,  /AW. 


^  All  the  oflicers  of  vessels  of  the  United  States  who  shall 
have  charge  of  a  watch,  including  pilots,  shall  in  all  cases 
be  citizens  of  the  United  States. 

The  word  "officers"  shall  include  the  chief  engineer  and 
each  assistant  engineer  in  charge  of  a  watch  on  vessels 
propelled  wholly  or  in  part  by  steam;  and  after  the  first 
day  of  January,  eighteen  hundred  and  ninety-seven,  no 
person  shall  be  qualified  to  hold  a  license  as  a  commander 
or  watch  officer  of  a  merchant  vessel  of  the  United  States 
who  is  not  a  native-born  citizen,  or  whose  naturalization 
as  a  citizen  shall  not  have  been  fully  completed. 

In  cases  where  on  a  foreign  voyage,  or  on  a  voyage  from 
an  Atlantic  to  a  Pacific  port  of  the  United  States,  any 
such  vessel  is  for  any  reason  deprived  of  the  services  of  an 
officer  below  the  grade  of  master,  his  place,  or  a  vacancy 
caused  by  the  promotion  of  another  officer  to  such  place, 
may  be  supplied  by  a  person  not  a  citizen  of  the  United 
States  until  the  first  return  of  such  vessel  to  its  home 
port;  and  such  vessel  shall  not  be  liable  to  any  penalty  or 
penal  tax  for  such  employment  of  an  alien  officer, 
f  Any  person  or  body  corporate  having  more  than  one-half 
ownership  of  any  vessel  shall  have  the  power  to  remove  a 
master,  who  is  also  part  owner  of  such  vessel,  as  such 
majority  owners  have  to  remove  a  master  not  an  owner. 
This  section  shall  not  apply  where  there  is  a  valid  written 
agreement  subsisting,  by  virtue  of  which  such  master 
would  be  entitled  to  possession,  nor  in  any  case  where 
a  master  has  possession  as  part  owner,  obtained  before 
the  ninth  day  of  April,  eighteen  hundred  and  seventy-two. 


MERCHANT   SEAMEN 


S1"'S"/"         I»  the  construction  of   this  Title  [R.  S.,    4501-4012], 
ever}^  person  having  the  command  of  any  vessel  belong- 


BUREAU    OF    NAVIGATION  189 

ino"  to  any  citizen  of  the,  Ignited  States  .shall  he  deemed 
to  l)C  the  '' master"  therei)f;  and  every  person  (appren- 
tiees  exeepted)  wlio  shall  be  employed  oreny'aij-ed  to  servf 
in  an}'  eapai-ity  on  board  the  same  shall  be  deemed  and 
taken  to  be  a  '"seaman;"'  and  the  term  *'  vesseT'  shall  be 
nnderstood  to  eomprehend  every  description  of  vessel 
naviyatino-  on  any  sea  or  channel,  lake  or  ri\  er,  to  which 
the  provisions  of  this  Title  may  be  applical)le,  and  the 
term  "owner"  shall  be  taken  and  understood  to  compre- 
hend all  the  several  persons,  if  more  than  one,  to  whom  the 
vessel  shall  belong-. 

Pilots.  marin(M-s  aetiially  emplo3'ed  in  the  sea  serviee  of  from'^'nu^lua 
any  citizen   or  merchant  within    the  United   States,  and''"^^';  ^^ 
all  persons  who  are  exempted  by  the  laws  of  the  respec-    \-^2 staL,  775.) 
tive  States  or  Territories  shall  be  exempted  from  militia    '^'^'^" "' 
duty,  without  regard  to  age. 

Every  seaman,  being  a  foreigner,  who  declares  his  in-aiur'rmzen'hip 
tention  of  becoming  a  citizen  of  the  United  States  in  an}' "^j;'^''l!"f,y,-^ 
competent  court,  and  shall  have  served  three  years  on 
board  of  a  merchant  vessel  of  the  United  States  subsequent 
to  tiie  date  of  such  declaration,  ma}',  on  his  application  to 
any  competent  court,  and  the  production  of  his  certificate 
of  discharge  and  good  conduct  during  that  time,  together 
with  the  certificate  of  his'declaration  of  intention  to  become 
a  citizen,  l)e  admitted  a  citizen  of  the  United  States;  and 
every  seaman,  being  a  foreigner,  shall,  after  his  declaration 
of  intention  to  l)ecome  a  citizen  of  the  United  States,  and 
after  he  shall  have  served  such  three  years,  be  deemed  a 
citizen  of  the  United  States  for  the  purpose  of  manning 
and  serving  on  board  any  merchant-vessel  of  the  United 
States,  anything  to  the  contrary  in  any  act  of  Congress 
notwithstanding:  but  such  seaman  shall,  for  all  purposes 
of  protection  as  an  American  citizen,  be  deemed  such,  after 
the  tiling  of  his  declaration  of  intention  to  become  such 
citizen. 

The  collector  of  every  district  shall  keep  a  book  or  zensWi..  " 
hooks,  in  which,  at  the  request  of  any  seaman,  being  a  J-^- s.,f,5ss. 
citizen  of  the  United  States  of  America,  and  producing 
proof  of  his  citizenship,  authenticated  in  the  manner  here- 
inafter directed,  he  shall  enter  the  name  of  such  seaman, 
and  shall  deliver  to  him  a  certificate,  in  the  following 
form,  that  is  to  say:  ""1,  A.  H.,  collector  of  the  district  of 
I).,  do  hereby  certify,  that  E.  F.,  an  American  seaman, 

aged  ■ years,  or  thereabouts,  of  the  height  of 

feet inches,  (descril)ing  the  said  seaman  as  particu- 
larly as  may  be,)  has,  this  day,  produced  to  me  proof  in 
the  manner  directed  by  law;  and  1  do  hereby  certify  that 
the  siiid  E.  F.  is  a  citizen  of  the  United  States  of  America. 
In  witness  whereof,  1  have  hereunto  set  my  hand  and  seal 

of  oiiice,  this day  of ."     It  shall  be  the  duty    j,r,u.n>,  isse. 

of  the  collectors  to  file  and  preserve  the  proofs  of  citizen-    (-''.  «n'-,  7a.) 
shij)  so  produced. 

The  collector  of  every  port  of  entry  in  the  United  States    a*.  ,s'.,  1,591. 
shall  send  a  list  of  the  seamen  to  whom  certificates  of  citi- 


190  BUREAU    OF   NAVIGATION 

zenship  have  been  granted,  once  every  three  months,  to 
the  Secretary  of  State  [together  with  an  account  of  such 
impressments  or  detentions,  as  shall  appear,  b^^  the  pro- 
tests of  the  masters,  to  have  taken  place]. 

ownersormas-  Nothing  in  this  Title  [R.  S.,  451)1-4:612],  however,  shall 
men  in  certain  prcvcut  the  owucr,  Or  consigncc,  or  uiastcr  or  any  vessel 
^'^R^,  hsoi..  except  vessels  bound  from  a  port  in  the  United  States  to 
any  foreign  port,  other  than  vessels  engaged  in  trade  be- 
tween the  United  States  and  the  British  North  American 
possessions,  or  the  West  India  Islands,  or  the  republic  of 
Mexico,  and  vessels  of  the  burden  of  sevent3^-five  tons  or 
upward  bound  from  a  port  on  the  Atlantic  to  a  port  on 
the  Pacific,  or  vice  versa,  from  performing,  himself,  so  far 
as  his  vessel  is  concerned,  the  duties  of  shipping-commis- 
sioner under  this  Title.  Whenever  the  master  of  any  ves- 
sel shall  engage  his  crew,  or  any  part  of  the  same,  in  any 
collection-district  where  no  shipping-commissioner  shall 
have  been  appointed,  he  may  perform  for  himself  the  duties 
of  such  commissioner. 

Apprentices.  Every  shipping-commissiouer  appointed  under  this  Title 
''■'''"'^'  [R.  S.,  4501-4612]  shall,  if  applied  to  for  the  purpose  of 
apprenticing  bo3^s  to  the  sea-service,  b}-  any  master  or 
owner  of  a  vessel,  or  by  any  per.'ion  legally  qualitied,  give 
such  assistance  as  is  in  his  power  for  facilitating  the  making 
of  such  apprenticeships;  but  the  shipping-commissioner 
shall  ascertain  that  the  bo}^  has  voluntaril}'  consented  to  be 
bound,  and  that  the  parents  or  guardian  of  such  bo}^  have 
consented  to  such  apprenticeship,  and  that  he  has  attained 
the  age  of  twelve  years,  and  is  of  sufficient  health  and 
strength,  and  that  the  master  to  whom  such  boy  is  to  be 
bound  is  a  proper  person  for  the  purpose.  Such  appren- 
ticeship shall  terminate  when  the  apprentice  beconTes 
eighteen  years  of  age.  The  shipping-commissioner  shall 
keep  a  register  of  all  indentures  of  apprenticeship  made 
before  him. 

R.  s.,  1,510.  The  master  of  every  foreign-going  vessel  shall,  before 

carrying  any  apprentice  to  sea  from  any  place  in  the  United 
States,  cause  such  apprentice  to  appear  before  the  shipping- 
commissioner  before  whom  the  crew  is  engaged,,  and  shall 
produce  to  him  the  indenture  by  which  such  apprentice  is 
bound,  and  the  assignment  or  assignments  thereof,  if  any; 
and  the  name  of  the  apprentice,  with  the  date  of  the  inden- 
ture and  of  the  assignment  or  assignments  thereof,  if  any, 
shall  be  entered  on  the  agreement;  which  shall  be  in  the 
form,  as  near  as  may  be,  given  in  the  table  marked  "A" 
in  the  schedule  annexed  to  this  Title  [R.  S.,  4501-4612]; 
and  no  such  assignment  shall  be  made  without  the  approval 
of  a  commissioner,  of  the  apprentice,  and  of  his  parents  or 
his  guardian.  For  any  A'iolation  of  this  section,  the  master 
shall  be  liable  to  a  penalty  of  not  more  than  one  hundred 
dollars. 

Agreement  to  The  master  of  every  vessel  bound  from  a  port  in  the 
tra§e/"    '^'^*^'^'^  United    States   to   an}^    foreign   port   other   than   vessels 

R. «.,  mi.       engaged  in  trade  between  the  United  States  and  the  British 


BUREAU    OF    NAVIGATION  191 

North  American  possessions,  or  the  West  India  Islancls,  or 
tlio  r('pul)lic  of  jVIoxico,  or  of  any  vossol  of  the  Imrdon  of 
s('vont3'-Hvo  tons  or  upward,  bound  from  a  port  on  the 
Atlantic  to  a  port  on  the  I'acitic,  or  vice  versa,  shall,  before 
he  proceeds  on  such  vo\a<;e,  make  an  agreement,  in  writing 
or  in  print,  with  every  seaman  whom  he  carries  to  sea  as 
one  of  the  crew,  in  the  manner  hereinafter  mentioned;  and 
every  such  agreement  shall  be,  as  near  as  may  be,  in  the 
form  given  in  the  table  marked  A,  in  the  schedule  annexed 
to  this  Title  [R.  S.,  4501-4613],  and  shall  ]>e  dated  at  the 
time  of  the  first  signature  thereof,  and  shall  be  signed  by 
the  master  before  any  seamen  signs  the  same,  and  shall 
contain  the  following  particulars: 

First.  The  nature,  and  as  far  as  practicable,  the  duration 
of  the  intended  voyage  or  engagement,  and  the  port  or 
country  at  which  the  voyage  is  to  terminate. 

Sect)nd.  The  munber  and  description  of  the  crew,  speci- 
fying their  respective  employments. 

Third.  The  time  at  which  each  seaman  is  to  be  on  Ijoard, 
to  begin  work. 

Fourth.  The  capacity  in  which  each  seaman  is  to  serve. 

Fifth.  The  amount  of  wages  which  each  seaman  is  to 
receive. 

Sixth.  A  scale  of  the  provisions  w^hich  are  to  be  furnished 
to  each  seaman. 

Seventh.  Anj'  regulations  as  to  conduct  on  board  and    fi^'l^^^'/^lg^ , 
as  to  fines,  short  allowances  of  provisions,  or  other  lawful    scc.'io.'' 
punishments  for  misconduct,  which  may  be  sanctioned  b}^ 
Congress  or  authorized  by  the  Secretary  of  Commerce  and 
Laljor  not  contrary  to  or  not  otherwise  provided  for  by 
law,  which  the  parties  agree  to  adopt. 

Eighth.  Any  stipulations  in  reference  to  allotment  of    pssM^seS' 
wages,  or  other  matters  not  contrary  to  law.     [Repealed    sec.  lo. " 
so  far  as  relates  to  allotments  in  trade  between  the  United 
States,  Dominion   of   Canada,   Newfoundland,  the  AVest    tmc  21,  ms. 
Indies  and  Mexico,  and  coasting  trade  of  the  United  States,    s'cclss.  '  ^ 
except  ])etween  Atlantic  and  Pacific  ports,  by  sec.  25  of 
Act  of  December  21,  1898.] 

The  following  rules  shall  be  observed  with  respect  tOtj^jj.^'''""^'  ^^ 
agreements:  a.  s.,  1,512. 

First.  Every  agreement  except  such  as  are  otherwise 
specially  provided  for,  shall  be  signed  b}''  each  seaman  in 
the  presence  of  a  shipping-commissioner. 

Second.  When  the  crew  is  tirst  engaged  the  agreement 
shall  be  signed  in  duplicate,  and  one  part  shall  be  retained 
by  the  shipping-commissioner,  and  the  other  part  shall 
contain  a  special  place  or  form  for  the  description  and 
signatures  of  persons  engaged  subsequently  to  the  tirst 
departure  of  the  ship,  and  shall  be  delivered  to  the  master. 

Third.  Every  agreement  entered  into  before  a  shipping- 
commissioner  shall  l)e  acknowledged  and  certihed  under 
the  hand  and  official  seal  of  such  conunissioner.  The  cer- 
tificate of  acknowledgment  shall  be  indorsed  on  or  annexed 
to  the  agreement;  and  shall  be  in  the  following  form: 
■'State  of ,  County  of : 


192  BUREAU    OF    NAVIGATION 

"  On  this day  of ,  personally  appeared  liefore 

me,  a  shipping-commissioner  in  and  for  the  said  county,  A. 
B, ,  C.  D. ,  and  E.  F. ,  several!}^  known  to  me  to  be  the  same 
persons  wlio  executed  the  foregoing  instrument,  who  each 
for  himself  acknowledged  to  me  that  he  had  read  or  had 
heard  read  the  same;  that  he  was  by  me  made  acquainted 
with  the  conditions  thereof,  and  understood  the  same;  and 
that,  while  sober  and  not  in  a  state  of  intoxication,  he 
signed  it  freely  and  voluntarily,  for  the  uses  and  purposes 
therein  mentioned." 

R.S.,  1,513.  Section  4511  shall  not  apply  to  masters  of  vessels  where 

the  seamen  are  l)}^  custom  or  agreement  entitled  to  partici- 
pate in  the  profits  or  result  of  a  cruise  or  voj'age,  nor  to 
masters  of  coastwise  nor  to  masters  of  lake-going  vessels 

f^o-J,^',^f^^y  ^  that  touch  at  foreign  ports;  but  seamen  may,  by  agree- 

[2S  Stat.,  667.)  1  1  u  1  1    i^     'i.      J.' 

ment,  serve  on  board  such  vessels  a  dennite  time,  or,  on 
the  return  of  any  vessel  to  a  port  in  the  United  States, 
iustai. ^79^)  ^^^y  reship  and  sail  in  the  same  vessel  on  another  voyage, 
without  the  payment  of  additional  fees  to  the  shipping- 
commissioner. 

[Note.— Section  4511,  however,  does  apply  in  part  to 
masters  of  coastwise  vessels  whose  crews  arc  shipped  under 
provisions  of  the  act  of  February  18,  1895.] 

n.  s.,  mo.  The  master  shall,  at  the  commencement  of  every  voyage 

or  engagement,  cause  a  legible  cop}"  of  the  agreement, 
omitting  signatures,  to  be  placed  or  posted  up  in  such  part 
of  the  vessel  as  to  be  accessible  to  the  crew;  and  on 
default  shall  be  liable  to  a  penalty  of  not  more  than  one 
hundred  dollars, 
gagem^ent."^  ^"      ^  uiastcr  of  a  vcsscl  in  the  foreign  trade  may  engage  a 

-'MMe-s.  issj,.    seaman  at  any  port  in  the  United  States,  in  the  manner 

See.' 19."  provided  by  law,  to  serve  on  a  voyage  to  an}^  port,  or  for 
the  round  trip  from  and  to  the  port  of  departure,  or  for  a 
definite  time,  whatever  the  destination.  The  master  of  a 
vessel  making  regular  or  stated  trips  between  the  United 
States  and  a  foreign  country  may  engage  a  seaman  for  one 
or  more  round  trips,  or  for  a  definite  time,  or  on  the  re- 
turn of  said  vessel  to  the  United  States  may  reship  such 
seaman  for  another  vo3^age  in  the  same  vessel,  in  the  man- 
ner provided  by  law,  without  the  payment  of  additional 
fees  to  any  officer  for  such  reshipment  or  re-engagement. 
.V/.V".\l'-^^m""  If"  fi»y  person  shall  be  carried  to  sea,  as  one  of  the  crew 
out  agreement,   ou  board  ot  any  vcsscl  makmg  a  vo^^age  as  heremhetore 

n.  ,s'.,  U51/,.  specified,  without  entering  into  an  agreement  w^ith  the 
master  of  such  vessel,  in  the  form  and  manner,  and  at  the 
place  and  times  in  such  cases  required,  the  vessel  shall  be 
held  liable  for  each  such  ofl'ense  to  a  penalt}^  of  not  more 
than  two  hundred  dolhirs.  But  the  vessel  shall  not  be 
held  liable  for  any  person  carried  to  sea,  who  shall  have 
secretly  stowed  away  liiniself  without  the  knowledge  of 
the  master,  mate,  or  of  any  of  the  officers  of  the  vessel,  or 
who  shall  have  falsely  personated  himself  to  the  master, 
mate,  or  officers  of  the  vessel,  for  the  purpose  of  being 
carried  to  sea. 


BUREAU    OF    NAVIGATION  193 

If  ill! V  mastor,  mate,  or  otlior  ofticcr  of  a  vessel  know-  ^■^-.'-^is. 
inoly  icceivos,  or  acc'('])ts,  to  he  entered  on  board  of  an}^ 
merchant-vessel,  any  s(>ainan  who  has  been  en<ja<'-ed  or 
supplied  contrary  to  the  provisions  of  this  Title  [K.  S., 
4r)Ol-4(!l:2J,  the  vessel  on  board  of  which  such  seaman 
shall  be  found  shall,  for  every  such  seaman,  be  lial)le  to  a 
penalty  of  not  more  than  two  hundred  dollars. 

In  case  of  desertion  or  casualty  resultino-  in  the  loss  of    nmiermaii 
one  or  more  seamen,  the  master  must  ship,  if  obtainable,  a"'^'^;s.  ,sjg 
number  cMpial  to  the  number  of  those  whose  services  he    uec'n,  isbs. 
has  been  de{)rived  of  by  desertion  or  casualty,  who  nuist    1^^ '^'"'•' ^^^-^ 
be  of  tlu>  same  orade  or  rating-  and  ecpially  expert  with 
tlios(>  whose  ])lace  or  position  they  refill,  and  report  the 
same  to  the  United  States  consul  at  the  first  port  at  which 
he  shall  arrive,  without  incurring-  the  penalty  prescribed 
by  the  two  precedlno*  sections.     [This  section  shall  not 
applv  to  fishing  or  whaling-  vessels  or  3'achts,   Dec.   21, 
18JKS,  sec.  2().]  ' 

Every  mastei'of  a  merchant- vessel  who  engages  any  sea-    shipment  in 
man  at  a  place  out  of  the  United  States,  in  Avhich  there  is  fore'consuK  ^^' 
u  consular  ofhceror  commercial  agent,  shall,  before  carry-    ^■^■^'*^^'^- 
ing-  such  seaman  to  sea,  procure  the  sanction  of  such  ofiicer, 
and  shall  engage  seamen   in  his  presence;  and  the  rules 
governing  the  engagement  of  seamen  before  a  shipping- 
commissioner  in  the  United    States,  shall  apply  to  such 
engagements  made  before  a  consular  ofiicer  or  commercial 
agent;  and  upon  every  such  engagement  the  consular  offi- 
cer or  connnercial  agent  shall  indorse  upon  the  agreement 
his  sanction  thereof,  and  an  attestation  to  the  effect  that 
the  same  has  been  signed  in  his  presence,  and  otherwise 
duly  made. 

Every  master  who  engages  any  seaman  in  an}' place  in    R-s.,i.5i8. 
which  there  is  a  consular  officer  or  commercial  agent,  other- 
wise than  as  required  by  the  preceding-  section,  shall  incur 
a  penalty  of  not  more  than  one  hundred  dollars,  for  which 
penalty  the  vessel  shall  be  held  liUble. 

Every  master  of  a  vessel  in  the  foreign  trade  may  engage    -jf^^f^'  ^**^.- 
any  seaman  at  any  port  out  of  the  United  States,  in  the    sec.  20.  ' 
manner  provided  b}'  law,  to  serve  for  one  or  more  round 
trips  from  and  to  the  port  of  departure,  or  for  a  definite 
time,  whatever  the  destination;  and  the  master  of  a  vessel 
clearing  fron>a  port  of  the  United  States  with  one  or  more 
seamen  engaged  in  a  foreign  port  as  herein  provided  shall 
not  be  reijuired  to  reship  in  a  port  of  the  United  States  the 
seamen  so  engaged  for  to  give  bond,  as  required  by  section    lig^staL^els.) 
forty -five  hundred  and  seventy-six  of  the  Revised  Statutes,    •*«.  s. 
to  produce  said  seamen  before  a  boarding-  officer  on  the 
return  of  said  vessel  to  the  United  States.] 

Before  a  clearance  is  granted  to  any  vessel  ])ound  on  a  ^l^l^l^g^g 
foreign  voyage  or  engaged  in  the  whale-fishery,  the  master 
thereof  shall  d(>liver  to  the  collector  of  the  customs  a  list 
containing  the  names,  places  of  birth  and  residence,  and 
description  of  the  persons  who  compose  his  ship's  com- 
pany;   to   \vhich   list   the  oath  of   the   captain   shall   be 

27628—04 13 


194  BUREAU    OF   NAVIGATION 

annexed,  that  the  list  contains  the  names  of  his  crew, 
jtineig,  me.  together  with  the  places  of  their  birth  and  residence,  as 
(%  Stat,  <9.)    ^^^  ^^  j^^  ^^^^  ascertain  them;  and  the  collector  shall  deliver 

him  a  certified  copy  thereof. 
R.  s.,i,57u.  In  all  cases  of  private  vessels  of  the  United  States  sail- 

ing from  a  port  in  the  United  States  to  a  foreign  port,  the 
list  of  the  crew  shall  be  examined  by  the  collector  for  the 
district  from  which  the  vessel  shall  clear,  and,  if  approved 
of  by  him,  shall  be  certified  accordingly.  No  person  shall 
be  admitted  or  emploj^ed  on  board  of  any  such  vessel  unless 
his  name  shall  have  been  entered  in  the  list  of  the  crew, 
approved  and  certified  by  the  collector  for  the  district  from 
which  the  vessel  shall  clear.  The  collector,  before  he 
delivers  the  list  of  the  crew,  approved  and  certified,  to  the 
master  or  proper  officer  of  the  vessel  to  which  the  same 
belongs,  shall  cause  the  same  to  be  recorded  in  a  book  by 
him  for  that  purpose  to  be  provided,  and  the  record  shall 
be  open  for  the  inspection  of  all  persons,  and  a  certified 
copy  thereof  shall  be  admitted  in  evidence  in  any  court  in 
which  any  question  may  arise  under  any  of  the  provisions 
of  this  Title  [R.  S.,  4501-4612]. 
Failure  to  pro-  The  master  of  every  vessel  bound  on  a  foreign  voyage 
B.S.,  1.576.  or  engaged  in  the  whale  fishery  shall  exhil)it  the  certified 
fiTkatfess.)  copv  of  the  list  of  the  crew  to  the  first  ])oarding  oflicer  at 
Sec.  3.  '  the  first  port  in  the  United  States  at  which  he  shall  arrive 
on  his  return,  and  also  produce  the  persons  named  therein 
to  the  boarding  officer,  whoso  duty  it  shall  be  to  examine 
the  men  with  such  list  and  to  report  the  same  to  the  col- 
lector; and  it  shall  be  the  duty  of  the  collector  at  the  port 
of  arrival,  where  the  same  is  difl'erent  from  the  port  from 
which  the  vessel  originally  sailed,  to  transmit  a  cop}^  of 
the  list  so  reported  to  him  to  the  collector  of  the  port 
from  which  such  vessel  originally  sailed.  For  each  fail- 
ure to  produce  any  person  on  the  certified  copy  of  the  list 
of  the  crew  the  master  and  owner  shall  be  severally  liable 
to  a  penalty  of  four  hundred  dollars,  to  be  sued  for, 
prosecuted,  and  disposed  of  in  such  manner  as  penalties 
and  forfeitures  which  ma}"  be  incurred  for  ofi'enses  against 
the  laws  relating  to  the  collection  of  duties;  but  such 
penalties  shall  not  be  incurred  on  account  of  the  master 
not  producing  to  the  first  lioarding  officer  any  of  the  per- 
sons contained  in  the  list  who  may  hav^e  been  discharged 
in  a  foreign  country  with  the  consent  of  the  consul,  vice 
consul,  commercial  agent,  or  vice-commercial  agent  there 
residing,  certified  in  writing,  under  his  hand  and  official 
seal,  to  be  produced  to  the  collector  with  the  other  per- 
sons composing  the  crew,  nor  on  account  of  any  such 
person  dying  or  absconding  or  being  forcibly  impressed 
into  other  service  of  which  satisfactory  proof  shall  also 
be  exhibited  to  the  collector. 
Papers  relating  The  following  rulcs  shall  be  observed  with  reference  to 
^'^R.^s.ihsys.       vessels  bound  on  any  foreign  vo3"age: 

First.  The  duplicate  list  of  the  ship's  company,  ixniuired 
to  be  made  out  by  the  master  and  delivered  to  the  col- 


BUREAU    OF   NAVIGATION  196 

lector  of  tlio  customs,  under  section  t'orty-tive  hundi'ed  and 
seventy-tliree,  sliull  he  a  fair  copy  in  one  uniform  hand- 
writinj^,  without  erasure  or  interlineation. 

Second.  It  shall  l)e  the  duty  of  the  owners  of  every  such 
vessel  tt)  ohtai?!  from  the  collector  of  the  customs  of  the  dis- 
trict  from  \vhich  tlie  clearance  is  made,  a  true  and  certi- 
tied  copy  of  tln>  ship[)ini'-aiticles,  containini^  the  names  of 
the  crew,  which  shall  he  written  in  a  uniform  hand,  with- 
out erasures  or  interlineations. 

Third.  These  documents,  which  shall  })e  deemed  to  con- 
tain all  the  conditions  of  contract  with  the  crew  as  to  their 
service,  pay,  voyajie,  and  all  other  thino-.s,  shall  be  produced 
by  the  master,  and  laid  before  any  consul,  or  other  eonmier- 
cialaot'nt  of  the  United  States,  whenever  he  ma}^  deem  their 
contents  necessary  to  enable  him  to  discharge  the  duties 
imposed  upon  him  by  law  toward  any  uiariner  applying  to 
him  for  his  aid  or  assistance. 

Fourth.  All  interlineations,  erasures,  or  writing  in  a 
hand  ditierent  from  that  in  which  such  duplicates  were 
originally  made,  shall  ))e  deemed  fraudulent  alterations, 
working  no  change  in  such  papers,  unless  satisfactorily 
explained  in  a  manner  consistent  with  innocent  purposes 
and  the  provisions  of  law  which  guard  the  rights  of 
mariners. 

Fifth.  If  any  master  of  a  vessel  shall  proceed  on  a  foreign 
voyage  without  the  documents  herein  required,  or  refuse 
to  ])roduce  them  when  required,  or  to  perform  the  duties 
imposed  by  this  section,  or  shall  violate  the  provisions 
thereof,  he  shall  be  lia))le  to  each  and  every  individual 
injured  thereby  in  damages,  to  be  recovered  in  any  court 
of  the  United  States  in  the  district  where  such  delinquent 
may  reside  or  be  found,  and  in  addition  thereto  be  punish- 
al)le  by  a  tine  of  one  hundred  dollars  for  each  offense. 

Sixth.  It  shall  be  the  duty  of  the  boarding-officer  to 
report  all  violations  of  this  section  to  the  collector  of  the 
port  where  any  vessel  may  arrive,  and  the  collector  shall 
report  the  same  to  the  Secretary  of  Commerce  and  Labor 
and  to  the  United  States  attorney  in  his  district. 

None  of  the  provisions  of  an  act  entitled  '"An  act  to    shipment  of 
authorize  the  appointment  of  shipping  commissioners  by  coasting  or  near^ 
the  several  circuit  courts  of  the  United  States  to  superin-  ^^f^f/if  l^.rf'^''- 
tend  the  shipping  and  discharge  of  seamen  engaged  in    {is  stat.,  6!,.) 
merchant  ships  btdonging  to  the  United  States,  and  for    i""sM.'S 
the  further  protection  of  seamen"  shall  applv  to  sail  or    fotJA^fJl\ 

I  1-1  •  1        /  I  ^     •^tat.,  001.) 

steam  vessels  engaged  in  the  coastwise  trade,  (except  the 
coastwise  trade  between  the  Atlantic  and  Pacific  coasts,)  or 
ill  the  lake-going  trade  touching  at  foreign  ports  or  other- 
wise, or  in  the  trade  between  the  United  States  and  the 
British  North  American  possessions,  or  in  any  case  where 
the  seamen  are  by  custom  or  agreement  entitled  to  partici- 
pate in  the  profits  or  result  of  a  cruise,  or  voyage. 

Shipping  commissioners  may  ship  and  discharge  crews  Jmirw.ifisr,. 
for  any  vessel  engaged  in  the  coastwise  ti'ade,  or  the  trade  .vlT' '  ""* 
between  the  United  States  and  the  Dominion  of  Canada, 


196  BUREAU    OF    NAVIGATION 

or  Newfoundland,  or  the  West  Indies,  or  the  Republic  of 
Mexico,  at  the  request  of  the  master  or  owner  of  such 
vessel,  the  shipping  and  discharg-ing  fees  in  such  cases  to 
be  one-half  that  prescribed  by  section  forty-six  hundred 
and  twelve  of  the  Revised  Statutes,  for  the  purpose  of 
determining  the  compensation  of  shipping  commissioners. 
Feb  18  1895         When  a  crew  is  shipped  bv  a  shipping  commissioner  for 

(28  Stat,  667 .)  .  .  1    •       i-i      "^  i^      •        ^      A  Al        ^      J 

any  American  vessel  in  the  coastwise  trade,  or  the  trade 
between  the  United  States  and  the  Dominion  of  Canada, 
or  New  Foundland,  or  theAVest  Indies,  or  Mexico,  as  author- 
ized l)y  section  two  of  an  Act  approved  June  nineteenth, 
eighteen  hundred  and  eighty-six,  entitled  "An  Act  to 
abolish  certain  fees  for  official  services  to  American  vessels, 
and  to  amend  the  laws  relating  to  shipping  commissioners, 
seamen,  and  owners  of  vessels,  and  for  other  purposes,"  an 
agreement  shall  be  made  with  each  seaman  engaged  as 
one  of  such  crew  in  the  same  manner  as  is  provided  by 
Sections  four  thousand  five  hundred  and  eleven  and  four 
thousand  five  hundred  and  twelve  of  the  Revised  Statutes, 
Mar.  s,  1897.  not  howcvcr  including  the  sixth  and  eighth  items  of  Sec- 
SfP.'s"''  tion  four  thousand   five    hundred   and   elexen;   and  such 

fsostai  ^fet)  agi'eement  shall  be  posted  as  provided  in  Section  four  thou- 
sec.ss.  '  sand  five  hundred  and  nineteen,  and  such  seamen  shall  be 
discharged  and  receive  their  wages  as  provided  ]:»y  the  first 
clause  of  Section  four  thousand  five  hundred  and  twenty- 
nine  and  also  by  Sections  four  thousand  five  hundred  and 
twenty-six,  four  thousand  five  hundred  and  twent3^-seven, 
four  thousand  five  hundred  and  twentj^-eight,  four  thousand 
five  hundred  and  thirty,  four  thousand  five  hundred  and 
thirt3'-five,  four  thousand  five  hundred  and  thirty-six,  four 
thousand  five  hundred  and  forty-two,  four  thousand  five 
hundred  and  forty-three,  four  thousand  five  hundred  and 
forty-four,  four  thousand  Ijvg  hundred  and  forty -five,  four 
thousand  fiAC  hundred  and  forty -six,  four  thousand  five 
hundred  and  forty-seven,  four  thousand  five  hundred  and 
forty-nine,  four  thousand  five  hundred  and  fifty,  four  thou- 
sand five  hundred  and  fifty-one,  four  thousand  five  hundred 
and  fifty-two,  four  thousand  five  hundred  and  fifty-three, 
Mar.j,  1S97.  four  thousand  fivc  hundred  and  fifty-four  and  four  thou- 
i^e.'^s"''^*^''  f^and  six  hundred  and  two  of  the  Revised  Statutes;  but  in 
all  other  respects  such  shipment  of  seamen  and  such  ship- 
ping agreement  shall  be  regarded  as  if  both  shipment  and 
agreement  had  been  entered  into  between  the  master  of 
a  vessel  and  a  seaman  without  going  before  a  shipping 
commissioner. 
coafthf™t?ade  Every  master  of  any  vessel  of  the  burden  of  fifty  tons 
not' before  com- or  upward,  bound  from  a  port  in  one  State  to  a  port  in  any 
^T^T,7ko.  other  than  an  adjoining  State,  except  vessels  of  the  burden 
of  seventj'-five  tons  or  upward,  bound  from  a  port  on  the 
Atlantic  to  a  port  on  the  Pacific,  or  vice  versa,  shall,  before 
he  proceeds  on  such  voj^age,  make  an  agreement  in  writing 
or  in  print,  with  every  seaman  on  lx)ar(l  such  vessel  except 
such  as  shall  be  apprentice  or  servant  to  himself  or  owners, 
declaring  the  voyage  or  term  of  time  for  which  such  sea- 
man shall  be  shipped. 


BUREAU    OF    NAVIGATION  197 

If  any  master  of  such  vessel  of  the  Imrdeii  of  fifty  tons  ^- ■''■' ^■''•'^!- 
oi'  upward  shall  carry  out  any  seaman  or  mai'iner,  except 
;ipi)rentic(>s  or  servants,  without  such  contiact  or  a*;rec- 
nient  heinii'  tirst  made  and  signed  by  the  seamen,  such 
master  shall  pay  to  every  such  seaman  the  hi<^hest  price 
or  wages  which  shall  have  been  g-iven  at  the  port  or  ])lacc 
where  such  seaman  w^as  shipped,  for  a  similiar  voyage, 
within  three  months  next  before  the  time  of  such  shipping, 
if  such  seaman  shall  perform  sucii  voyage;  or  if  not,  then 
tor  such  time  as  he  shall  continue  to  do  duty  on  l)oard  such 
vessel;  and  shall  moreover  be  liable  to  a  ])enalty  of  twenty 
dollars  for  every  such  seaman,  recoverable,  one-half  to  the 
use  of  the  person  ])r()secuting  for  the  sam(>,  and  tiio  other 
half  to  the  use  of  the  United  States.  Any  seaman  who 
has  not  signed  such  a  contract  shall  not  be  bound  by  the 
regulations  nor  su))ject  to  the  penalties  and  forfeitures 
contained  in  this  Title  [R.  S.,  4501-4612]. 

At  the  foot  of  every  such  contract  to  ship  upon  such  a  f;,,;};}''fggg 
vessel  of  the  Inirden  of  tifty  tons  or  upward  there  shall  be  {su'siai, 755.) 
a  memorandum  in  writing  of  the  day  and  the  hour  when  '^*^^'''^' 
such  seaman  who  shipped  and  subscribed  shall  render  him- 
self on  board  to  ])egin  the  voyage  agreed  upon.  If  any 
seaman  shall  neglect  to  render  himself  on  board  the  vessel 
for  which  he  has  shipped  at  the  time  mentioned  in  such 
memorandum  without  giving  twenty-four  hours'  notice  of 
his  inability  to  do  so,  and  if  the  master  of  the  vessel  shall, 
on  the  da}'  in  which  such  neglect  happened,  make  an  entry 
in  the  log  book  of  such  vessel  of  the  name  of  such  seaman, 
and  shall  in  like  manner  note  the  time  that  he  so  neglected 
to  render  himself  after  the  time  appointed,  then  every  such 
seaman  shall  forfeit  for  every  hour  which  he  shall  so  neg- 
lect to  render  himself  one-half  of  one  daj-'s  pay,  according 
to  the  rate  of  wages  agreed  upon,  to  be  deducted  out  of  the 
wages.  If  any  such  seaman  shall  wholly  neglect  to  render 
himself  on  board  of  such  vessel,  or  having  rendered  him- 
self on  l)oard  shall  af ter\vards  desert,  he  shall  forfeit  all  of 
his  wages  or  emoluments  which  he  has  th(m  earned.  [This 
section  shall  not  apply  to  fishing  or  whaling  vessels  or 
yachts,  Dec.  21,  180S,  Bee.  26.] 

Tiie  master  of  any  vessel  of  the  burden  of  twenty  tons  wfuf  nsheimln.* 
or  upward,  qualified  according  to  law  for  carrying  on  the  Ji.s.,/,s9i. 
bank  and  other  cod  fisheries,  or  the  mackerel-fishery,  bound 
from  a  port  of  the  United  States  to  be  employed  in  any 
such  fishery,  at  sea,  shall,  before  proceeding  on  such  fish- 
ing-voyage, make  an  agreement  in  writing  with  every 
fisherman  who  may  be  employed  therein,  except  only  an 
apj)i-('nticeor  servant  of  himself  or  owner,  and,  in  addition 
to  such  terms  of  shipment  as  may  be  agreed  on,  shall,  in 
such  agreement,  express  whether  the  same  is  to  continue 
for  one  voyage  or  for  the  tishing-season,  and  shall  also  ex- 
press that  the  fish  or  the  proceeds  of  such  fishing-voyage 
or  voyages  which  may  appertain  to  the  fishermen  shall  be 
divided  among  them  in  i)roportion  to  the  quantities  or  num-  ^ 

ber  of  such  fish  which  they  may  respectively  have  caught. 


198  BUREAU    OF   NAVIGATION 

Such  agreement  shall  be  indorsed  or  countersigned  ]>y  the 
owner  of  such  tishing-vessel  or  his  agent. 

R.s.,us92.  If  any  fisherman,  having  engaged  hhnself  for  a  voyage 

or  for  the  lishing  season  in  any  tishing-vessel  and  signed 
an  agreement  therefor,  thereafter  and  while  such  agreement 
remains  in  force  and  to  be  performed  deserts  or  absents 
himself  from  such  vessel  without  leave  of  the  master 
thereof,  or  of  the  owner  or  his  agent,  such  deserter  shall 
be  liable  to  the  same  penalties  as  deserting  seamen  are 
subject  to  in  the  merchant  service,  and  may  in  the  like 
manner,  and  upon  the  like  complaint  and  proof,  l)e  appre- 
hended and  detained;  and  all  costs  of  process  and  commit- 
ment, if  paid  by  the  master  or  owner,  shall  he  deducted 
out  of  the  share  of  hsh  or  proceeds  of  any  tishing-voj^age 
to  which  such  deserter  had  or  shall  become  entitled.  Every 
fisherman,  having  so  engaged  himself,  who  during  such 
fishing- vo3"age  refuses  or  neglects  his  proper  dut}'  on  board 
the  fishing-vessel,  being  thereto  ordered  or  required  by  the 
master  thereof,  or  otherwise  resists  his  just  commands  to 
the  hindrance  or  detriment  of  such  voyage,  besides  being 
answerable  for  all  damages  arising  thereby,  shall  forfeit  to 
the  use  of  the  owner  of  such  vessel  his  share  of  any  public 
allowance  which  ma}^  be  paid  upon  such  voyage. 

R.  s.,  1,393.  Whenever  an  agreement  or  contract  is  so  made  and 

signed  for  a  fishing-voyage  or  for  the  fishing-season,  and 
any  fish  caught  on  board  such  vessel  during  the  same  are 
delivered  to  the  owner  or  to  his  agent,  for  cure,  and  sold 
by  such  owner  or  agent,  such  vessel  shall,  for  the  term  of 
six  months  after  such  sale,  be  liable  for  the  master\s  and 
every  other  fisherman's  shai'e  of  such  fish,  and  may  be  pro- 
ceeded against  in  the  same  form  and  to  the  same  effect  as 
any  other  vessel  is  by  law  liable,  and  may  be  proceeded 
against  for  the  wages  of  seamen  or  mariners  in  the  mer- 
chant service.  Upon  such  proceeding  for  the  value  of  a 
share  or  shares  of  the  proceeds  of  fish  so  delivered  and 
sold  it  shall  be  incumbent  on  the  owner  or  his  agent  to 
produce  a  just  account  of  the  sales  and  division  of  such  fish 
according  to  such  agreement  or  contract;  otherwise  the 
vessel  shall  be  answerable  upon  such  proceeding  for  what 
may  be  the  highest  value  of  the  shares  demanded.  But  in 
all  cases  the  owner  of  such  vessel  or  his  agent,  appearing 
to  answer  in  such  proceeding,  may  ofl'er  thereupon  his 
account  of  general  supplies  made  for  such  fishing-voyage 
and  of  other  supplies  therefor  made  to  either  of  the  de- 
mandants, and  shall  be  allowed  to  produce  evidence  thereof 
in  answer  to  their  demands  respectiveh^;  and  judgment 
shall  be  rendered  upon  such  proceeding  for  the  respec- 
tive balances  which  upon  such  an  inquiry  shall  appear. 

E.  s.,  U39I,.  When  process  shall  be  issued  against  any  vessel  so  liable, 

if  the  owner  thereof  or  his  agent  will  give  bond  to  each 
fisherman  in  whose  favor  such  process  shall  l)e  instituted, 
with  sufficient  security,  to  the  satisfaction  of  two  justices 
of  the  peace,  of  whom  one  shall  be  named  by  such  owner 


BUREAU    OF    NAVIGATION  199 

or  agent,  and  the  other  l)y  the  fisherman  or  fishermen  pur- 
siiini""  siK'li  process,  or  if  either  party  shall  refuse,  then 
the  justice  tirst  appointed  shall  name  his  associate,  with 
condition  to  answer  and  i)ay  whatever  sum  shall  l)e  recov- 
ered by  him  or  them  on  such  process,  there  shall  he  an 
iinniediate  discharge  of  such  vessel.  Nothing  in  this  or 
the  preceding  section  shall  prevent  any  fisherman  from 
having  his  action  at  common  law  for  his  share  or  shares  of 
tish  or  the  proceeds  thereof. 

All  seamen  discharged  in  the  United  States  from  mer- j^^Jj^cimrge  in 
chant  vessels  engaged  in  voyages  from  a  port  in  the  United  n.  s.,  i.s/,;k  ' 
States  to  any  foreign  port,  or,  being  of  tlu^  burden  of  sevent}'- 
five  tons  oi-  upward,  from  a  port  on  the  Atlantic  to  a  port 
on  the  I'acific,  or  vice  versa,  shall  )>e  discharged  and  receive 
their  wages  in  the  presence  of  a  duly  authorized  shlpping- 
conunissioner  under  this  Title  [K.  S. ,  450l-46l!3],  except  in 
cases  where  some  competent  court  otherwise  directs;  and 
any  master  or  owner  of  anj^  such  vessel  who  discharges  any 
such  seaman  belonging  thereto,  or  pa3's  his  wages  within 
the  United  States  in  an}^  other  manner,  shall  be  liable  to  a 
penalty  of  not  more  than  fifty  dollars. 

Every  master  shall,  not  less  than  forty-eight  hours  before  ]^a|e  account. 
paying  off  or  discharging  any  seaman,  deliver  to  him,  or,  if  '  "' 
he  is  to  be  discharged  before  a  shipping-commissioner,  to 
such  shipping-commissioner,  a  full  and  true  account  of  his 
wages,  and  all  deductions  to  be  made  therefrom  on  any 
account  whatsoever;  and  in  default  shall,  for  each  ofl'ense, 
be  liable  to  a  penalty  of  not  more  than  fifty  dollars.  No 
deduction  from  the  wages  of  any  seaman  except  in  respect 
of  some  matter  happening  after  such  delivery  shall  be 
allowed,  unless  it  is  included  in  the  account  delivered;  and 
the  master  shall,  during  the  voyage,  enter  the  various  mat- 
ters in  respect  to  which  such  deductions  are  made,  with 
the  amounts  of  the  respective  deductions  as  they  occur,  in 
the  official  log-book,  and  shall,  if  required,  produce  such 
book  at  the  time  of  the  payment  of  wages,  and,  also,  upon 
the  hearing,  before  any  competent  authority,  of  any  com- 
plaint or  question  relating  to  such  payment. 

Upon  the  discharge  of  any  seaman,  or  upon  payment  of  t^is,^iirtrge!*°  ^^ 
his  wages,  the  master  shall  sign  and  give  him  a  certificate  ii-^;i<55i. 
of  discharge,  specifying  the  period  of  his  service  and  the 
time  and  place  of  his  discharge,  in  the  form  marked  Table 
li  in  the  schedule  annexed  to  this  Title  [R.  S.,  4501-4:612]; 
and  every  master  who  fails  to  sign  and  give  to  such  sea- 
man such  certificate  and  discharge,  shall,  for  each  such 
ortonse,  incur  a  penalty  not  exceeding  fifty  dollars.  But 
whenever  the  master  shall  discharge  his  crew  or  any  part 
thereof  in  any  collection  district,  where  no  shipping  com- 
missioner has  been  appointed,  he  may  perform  for  himself 
the  duties  of  such  commissioner. 

Upon  the  application  of  the  master  of  any  vessel  to  a    Discharge    in 
consular  ofiicer  to  discharge  a  seaman,  or  upon  the  appli- ^"^^''g'l^lwJ*"- 
cation  of  any  seaman  for  his  own  discharge,  if  it  appears    '',^^'1^!^^^^ 
to  such  officer  that  said  seaman  has  completed  his  shipping    sa:^^. 
agreement,  or  is  entitled  to  his  discharge  under  any  act  of 


200  BUREAO    OF   NAVIGATION 

Congress  or  according  to  the  general  principles  or  usages 
of  maritime  law  as  recognized  in  the  United  States,  such 
officer  shall  discharge  said  seaman,  and  require  from  the 
master  of  said  vessel,  before  such  discharge  shall  be  made, 
payment  of  the  wages  which  may  then  be  due  said  seaman; 
l3ut  no  payment  of  extra  wages  shall  be  required  by  any 
consular  officer  upon  such  discharge  of  any  seaman  except 
as  provided  in  this  act. 
R.  s.^/,581.^         If  any  consular  officer,  when  discharging  any  seaman, 
ilo'siat,  759.)  shall  neglect  to  require  the  pa3auent  of  and  collect  the 
See.  16.  arrears  of  wages  and  extra  wages  required  to  ])e  paid  in 

the  case  of  the  discharge  of  any  seaman,  he  shall  be  account- 
able to  the  United  States  for  the  full  amount  thereof.  The 
master  shall  provide  any  seaman  so  discharged  with  em- 
ployment on  a  vessel  agreed  to  by  the  seaman,  or  shall  pro- 
vide him  with  one  month's  extra  wages,  if  it  shall  be  shown 
to  the  satisfaction  of  the  consul  that  such  seaman  was  not 
discharged  for  neglect  of  duty,  incompetency,  or  injury 
incurred  on  the  vessel.  If  the  seaman  is  discharged  by 
voluntary  consent  before  the  consul,  he  shall  be  entitled  to 
his  wages  up  to  the  time  of  his  discharge,  but  not  for  any 
further  period.  If  the  seaman  is  discharged  on  account  of 
in  jmy  or  illness,  incapacitating  him  for  service,  the  expenses 
of  his  maintenance  and  return  to  the  United  States  shall 
be  paid  from  the  fund  for  the  maintenance  and  transporta- 
tion of  destitute  American  seamen. 
D  ^'hi^fs  ^  Whenever  a  vessel  of  the  United  States  is  sold  in  a  for- 
(so'stai.,769.)  eign  country  and  her  company  discharged,  it  shall  be  the 
Sec.  17.  duty  of  the  master  to  produce  to  the  consular  officer  a  cer- 

tified list  of  the  ship's  company,  and  also  the  shipping-arti- 
cles, and  besides  paying  to  each  seaman  or  apprentice  the 
wages  due  him,  he  shall  either  provide  him  with  adequate 
employment  on  board  some  other  vessel  bound  to  the  port 
at  which  he  was  originally  shipped,  or  to  such  other  port 
as  may  be  agreed  upon  by  him,  or  furnish  the  means  of 
sending  him  to  such  port,  or  provide  him  with  a  passage 
home,  or  deposit  with  the  consular  officer  such  a  sum  of 
money  as  is  by  the  officer  deemed  sufficient  to  defray  the 
expenses  of  his  maintenance  and  passage  home;  and  the 
consular  officer  shall  indorse  upon  the  agreement  with  the 
crew  of  the  ship  which  the  seaman  or  apprentice  is  leaving 
the  particulars  of  any  payment,  prov  ision,  or  deposit  made 
under  this  section.  A  failure  to  comply  with  the  provi- 
sions of  this  section  shall  render  the  owner  liable  to  tine  of 
not  exceeding  fiftj^  dollars. 
R.s.,u583.  Whenever  on  the  discharge  of  a  seaman  in  a  foreign 

fsostai.!76o.)  country  by  a  consular  officer  on   his  complaint  that  the 
Sec.  IS.  the  voyage  is  continued  contrary  to  agreement,  or  that 

the  vessel  is  badly  provisioned  or  unseaworthy,  or  against 
the  officers  for  cruel  treatment,  it  shsill  be  the  duty  of  the 
consul  or  consular  agent  to  institute  a  proper  in(iuiry  into 
the  matter,  and,  upon  his  l)eing  satisfied  of  the  truth  and 
justice  of  such  complaint,  he  shall  require  the  master  to 
pay  to  such  seaman  one  month's  wages  over  and  al)ove  the 
wages  due  at  the  time  of  discharge,  and  to  proxide  him 


BUREAU   OF   NAVIGATION  201 

with  adequate  emploj'ment  on  board  some  other  vessel,  or 
provide  him  with  u  passajiT  on  l)oard  some  other  vessel 
hound  to  the  port  from  whieh  he  was  orioinuUy  siiipped, 
or  to  tlie  most  convenient  ])ort  of  entry  in  the  United 
Suites,  or  to  a  port  agreed  to  by  the  seaman. 

Ko  seaman  shall,  bv  anv  agreement  other  than  is  pro-  Wages, 
vided  by  this  Title  [R.  tS.,  4r)Ol-40lL>|,  forfeit  his  lien  ^'- •^- ''^^^• 
upon  the  ship,  or  be  deprived  of  any  remedy  for  the 
recovery  of  his  wages  to  which  he  w'ould  otherwise  have 
been  entitled;  and  every  stipulation  in  any  agreement 
inconsistent  with  any  provision  of  this  Title,  and  every 
stipulation  l)y  which  any  seaman  consents  to  abandon  his 
right  to  his  wages  in  the  case  of  the  loss  of  the  ship,  or  to 
abandon  any  right  which  he  may  have  or  obtain  in  the 
nature  of  salvage,  shall  ])e  wholly  inoperative. 

The  following  rules  shall   be  observed  with  respect  to    -K- 'S.,  ^is.';^. 
the  settlement  of  wages: 

First.  Upon  the  completion,  l)eforc  a  shipping-commis- 
sioner, of  any  discharge  and  settlement,  the  master  or 
owner  and  each  seaman,  respective!}',  in  the  presence  of 
the  shipping-commissioner,  shall  sign  a  nmtual  release  of 
all  claims  for  wages  in  respect  of  the  past  voyage  or  engage- 
ment, and  the  sTiipping-conunissioner  shall  also  sign  and 
attest  it,  and  shall  retain  it  in  a  book  to  be  kept  for  that 
purpose,  provided  Ijoth  the  master  and  seaman  assent  to 
such  settlement,  or  the  settlement  has  been  adjusted  by  the 
shipping-commissioner. 

Second.  Such  release,  so  signed  and  attested,  shall  oper- 
ate as  a  mutual  discharge  and  settlement  of  all  demands 
for  wages  between  the  parties  thereto,  on  account  of  wages, 
in  respect  of  the  past  voyage  or  engagement. 

Third.  A  copy  of  such  release,  certitied  under  the  hand 
and  seal  of  such  shipping  commissioner  to  be  a  true  cop}', 
shall  be  given  by  him  to  any  party  thereto  requiring  the 
same,  and  such  copy  shall  be  receiva))le  in  evidence  upon 
any  future  question  touching  .such  claims,  and  shall  have 
all  the  effect  of  the  original  of  which  it  purports  to  be  a 
copy. 

Fourth.  In  cases  in  which  discharge  and  settlement  be- 
fore a  shipping-commissioner  are  required,  no  payment, 
receipt,  settlement,  or  discharge  otherwise  made  shall  oper- 
ate as  evidence  of  the  release  or  satisfaction  of  any  claim.  ^ 

Fifth.  Upon  payment  being  made  l)v  a  master  before  a 
shipping-conunissioner,  the  shipping-commissioner  shall,  if 
required,  sign  and  give  to  such  master  a  statement  of  the 
whole  amount  so  paid;  and  such  statement  shall,  between 
the  master  and  his  employer,  be  received  as  evidence  that 
he  has  made  the  payments  therein  mentioned. 

Upon  every  discharge  elfected  before  a  shipping-corn-  n-  ■'?..  wm. 
missioner,  the  master  shall  make  and  sign,  in  the  form 
given  in  the  table  marked  '"  B,''  in  the  schedule  annexed 
to  this  Title  [II.  S.,  4501-401i!|,  a  report  of  the  conduct, 
character,  and  qualilications  of  the  persons  discharged;  or 
may  state  in  such  form,  that  he  declines  to  give  any  opiu- 


202  BUREAU    OF   NAVIGATION 

ion  upon  such  particulars,  or  upon  an}^  of  them;  and  the 
commissioner  shall  keep  a  register  of  the  same,  and  shall, 
if  desired  so  to  do  by  any  seaman,  give  to  him  or  indorse 
on  his  certificate  of  discharge  a  copy  of  so  much  of  such 
report  as  concerns  him. 

R.  s.,  /,5n.  j^  seaman's  right  to  wages  and  provisions  shall  be  taken 

to  commence  either  at  the  time  at  which  he  connnences 
work,  or  at  the  time  specified  in  the  agreement  for  his  com- 
mencement of  work  or  presence  on  board,  whichever  tirst 
happens. 

R.  s.,  U525.  ^Q  I'ight  to  wages  shall  be  dependent  on  the  earning  of 

freight  by  the  vessel;  but  every  seaman  or  apprentice  who 
would  be  entitled  to  demand  and  receive  any  wages  if  the 
vessel  on  which  he  has  served  had  earned  freight,  shall, 
subject  to  all  other  rules  of  law  and  conditions  applicable 
to  the  case,  lie  entitled  to  claim  and  recover  the  same  of 
the  master  or  owner  in  personam,  notwithstanding  that 
freight  has  not  been  earned.  But  in  all  cases  of  wreck  or 
loss  of  vessel,  proof  that  any  seaman  or  apprentice  has  not 
exerted  himself  to  the  utmost  to  save  the  vessel,  cargo, 
and  stores,  shall  bar  his  claim. 

^iec.'ki^fm.        In  cases  where  the  service  of  any  seaman  terminates 

mkat.,755.)  before  the  period  contemplated  in  the  agreement,  by  rea- 
son of  the  loss  or  wreck  of  the  vessel,  such  seaman  shall 
be  entitled  to  wages  for  the  time  of  service  prior  to  such 
termination,  but  not  for  any  further  period.  Such  sea- 
man shall  be  considered  as  a  destitute  seaman  and  shall  be 
treated  and  transported  to  port  of  shipment  as  provided  in 
sections  forty-tive  hundred  and  seventy-seven,  forty -live 
hundred  and  seventy-eight,  and  forty-live  hundred  and 
seventy-nine  of  the  Revised  Statutes  of  the  United  States. 
[This  section  shall  not  apply  to  fishing  or  whaling  vessels 
or  yachts— Dec.  21,  1898,  Sec.  26.J 

R.  s.,  i527.  j^^^^^  seaman  who  has  signed  an  agreement  and  is  after- 

ward discharged  before  the  commencement  of  the  vo^'age 
or  before  one  month's  wages  are  earned,  without  fault  on 
his  part  justifying  such  discharge,  and  without  his  consent, 
shall  be  entitled  to  receive  from  the  master  or  ow^ner,  in 
addition  to  any  wages  he  may  have  earned,  a  sum  equal 
in  amount  to  one  month's  wages  as  compensation,  and  may, 
on  adducing  evidence  satisfactory  to  the  court  hearing  the 
case,  of  having  been  improperly  discharged,  recover  such 
compensation  as  if  it  were  wages  duly  earned, 
lowfd^*^  """^  ^^      ^^  seaman  or  apprentice  shall  be  entitled  to  wages  for 

R.  s!,  A528.  any  period  during  which  he  unlawfully  refuses  or  neglects 
to  work  when  required,  after  the  time  fixed  by  the  agree- 
ment for  him  to  begin  work,  nor,  unless  the  court  hearing 
the  case  otherwise  directs,  for  any  period  during  which  he 
is  lawfully  imprisoned  for  any  offense  committed  ])y  him. 
The  master  or  owner  of  any  vessel  making  coasting  voy- 

Dec'hi^fshs     ^S^^  ^^^^^  P^3^  ^*^  every  seaman  his  wages  within  tw^o  days 

(30  kai,  7S0.)   after  the  termination  of  the  agreement  under  which  he 
'"  shipped,  or  at  the  time  such  seaman  is  discharged,  which- 

ever first  happens;  and  in  the  case  of  vessels  making  for- 


BUREAU    OF    NAVIGATION  203 

ciiiii  \ ovaiios.  or  froin  :i  port  on  the,  Atlantic  to  a  port 
on  tlic  Facilii",  or  vice  versa,  within  twenty-t'onr  hours 
after  th(>  caroo  has  been  discharged,  or  within  four  (hiys 
after  tiie  seaman  has  hiMMi  dischai'<:-ecl,  whichever  hrst  hap- 
jHMis;  and  in  all  castas  th(>  seaman  shall,  at  the  time  of  his 
dischari>-e,  l)e  entitled  to  be  paid,  on  account  of  waj^'cs,  a 
sum  ecjual  to  one-third  i)artof  the  balance  due  him.  Every 
master  or  owner  who  refuses  or  neo-lects  to  make  payment 
in  manner  hereinbefore  mentioned  without  sufiicientcauSe 
shall  p:iy  to 'the  seaman  a  sum  equal  to  one  day's  pay  for 
each  and  every  day  durino-  w'hich  payment  is  dela3^ed 
bevond  the  respective  periods,  which  sum  shall  be  recov- 
erable as  wao-es  in  any  claim  made  before  the  court;  but 
this  section  shall  not  apply  to  the  masters  or  owners  of 
any  vessel  the  seamen  on  which  are  entitled  to  share  in  the 
profits  of  the  cruise  or  voyage.  [This  section  shall  not 
apply  to  fishing  or  whaling  vessels  or  yachts — Dec.  21, 
18H8,  Sec.  20.] 

Every  seaman  on  a  vessel  of  the  United  States  shall  be    R-  ^-'J^f.-^ 
entitled  to  receive  from  the  master  of  the  vessel  to  which    {sokai.,~56'.) 
he  btdongs  one-half  part  of  the  wages  wdiich  shall  be  due    *^-  ^• 
him  at  ever}"  port  where  such  vessel,  after  the  vo3'ago  has 
commenced,  shall  load  or  deliver  cargo  before  the  voyage 
is  ended  unless  the  contrary  be  expressh'  stipulated  in  the 
contract;  and  when  the  vo3'age  is  ended  every  such  sea- 
man shall  be  entitled  to  the  remainder  of  the  w^ages  which 
shall  then  be  due  him  as  provided  in  section  fortj^-five 
hundred  and  twent3'-nine  of  the  Revised  Statutes.     [This 
section  shall  not  applv  to  fishing  or  whaling  vessels  or 
yachts— Dec.  21,  1SH8,^  Sec.  26.] 

Whenever  the  wages  of  an}"  seaman  are  not  paid  within  k.  s.,  usue. 
ten  days  after  the  time  when  the  same  ought  to  be  paid 
according  to  the  provisions  of  this  Title  [R.  S.,  4501-4612], 
or  an3"  dispute  arises  between  the  master  and  seamen  touch- 
ing wages,  the  district  judge  for  the  judicial  district  where 
the  vessel  is,  or  in  case  his  residence  be  more  than  three 
miles  from  the  place,  or  he  be  absent  from  the  place  of  his 
residence,  then,  any  judge  or  justice  of  the  peace,  or  any 
conunissioner  of  a  district  court,  ma3"  summon  the  master 
of  such  vessel  to  appear  before  him,  to  show  cause  why 
process  should  not  issue  against  such  vessel,  her  tackle, 
ap])arel,  and  furniture,  according  to  the  course  of  admiralt3' 
courts,  to  answer  for  the  wages. 

If  the  master  against  whom  such  summons  is  issued  %J-'^f%g 
neglects  to  appear,  or,  appearing,  does  not  show  that  the  {so'stai, 756. 
wages  are  paid  or  otherwise  satisfied  or  forfeited,  and  if 
the  matter  in  dispute  is  not  forthwith  settled,  the  judge  or 
justice  or  commissioner  shall  certify  to  the  clerk  of  the 
district  court  that  there  is  sufficient  cause  of  complaint 
whereon  to  found  admiralty  process;  and  thereupon  the 
clerk  of  such  court  shall  issue  process  against  the  vessel. 
In  all  cases  where  the  matter  in  demand  does  not  exceed 
one  hundred  dollars  the  return  da3^  of  the  monition  or 
citation  shall  be  the  first  day  of  a  stated  or  special  session 


,Scc.  6. 


204  BUREAU    OF    NAVIGATION 

of  court  next  succeeding-  the  third  day  after  the  service  of 
the  monition  or  citation,  and  on  the  return  of  process  in 
open  court,  duly  serxed,  either  party  may  proceed  therein 
to  proofs  and  hearing  without  other  notice,  and  tinal  judg- 
ment shall  be  given  according  to  the  usual  course  of  admi- 
ralty courts  in  such  cases.  In  such  suits  all  the  seamen 
having  cause  of  complaint  of  the  like  kind  against  the 
same  vessel  may  he  joined  as  complainants,  and  it  shall  l>e 
incumbent  on  the  master  to  produce  the  contract  and  log 
l)ook,  if  required  to  ascertain  any  matter  in  dispute;  other- 
wise the  complainants  shall  Ije  permitted  to  state  tlie  con- 
tents thereof,  and  the  burden  of  proof  of  the  contrary 
shall  be  on  the  master.  But  nothing  herein  contained  shall 
prevent  any  seaman  from  maintaining  any  action  at  com- 
mon law  for  the  recovery  of  his  wages,  or  having  imme- 
diate process  out  of  any  court  having  admiraltv  jurisdiction 
wherever  any  vessel  may  be  found,  in  case  she  shall  have 
left  the  port  of  delivery  where  her  voyage  ended  before 
payment  of  the  wages,  or  in  case  she  shall  be  about  to 
proceed  to  sea  before  the  end  of  the  ten  days  next  after 
the  day  when  such  wages  are  due,  in  accordance  with  sec- 
tion forty-tive  hundred  and  twenty-nine  of  the  Revised 
Statutes.  [This  section  shall  not  apply  to  lishing  or  whal- 
ing vessels  or  vachts — Dec.  21,  1898,  Sec.  26.J 

E.  s.,  i^Ls.  Moneys  paid  under  the  laws  of  the  United  States,  by 

direction  of  consular  officers  or  agents,  at  an}^  foreign 
port  or  place,  as  wages,  extra  or  otherwise,  due  American 
seamen,  shall  be  paid  in  gold  or  its  equivalent,  without 
any  deduction  whatever  any  contract  to  the  contrary  not- 
withstanding. 

R.  s.,  ms.  Any  question  concerning  the  forfeiture  of,  or  deductions 

from,  the  wages  of  any  seaman  or  apprentice,  may  l)e  deter- 
mined in  any  proceeding  lawfully  instituted  with  respect 
to  such  wages,  notwithstanding  the  offense  in  ]-espect  of 
which  such  question  arises,  though  hereby  made  punish- 
able by  imprisonment  as  well  as  forfeiture,  has  not  been 
made  the  subject  of  any  criminal  proceeding. 

R.  s.,  i605.  Whenever  in  any  proceeding  relating  to  seamen's  wages 

it  is  shown  that  any  seaman  or  apprentice  has,  in  the 
course  of  the  voyage,  been  convicted  of  any  offense  by  any 
competent  tribunal,  and  rightfully  punished  therefor,  by 
imprisonment  or  otherwise,  the  court  hearing  the  case  may 
direct  a  part  of  the  wages  due  to  such  seaman  not  exceed- 
ing fifteen  dollars,  to  l)e  applied  in  reiml)ursing  any  costs 
properly  incurred  ])y  the  master  in  procuring  such  con- 
viction and  punishment. 

Advances  and      (a)  It  shall  l)e,  and  is  hereby,  made  unlawful  in  any  case 

allotments  of  ,     ^   '  •      '   i  j?   au     a*  i'         K„ 

wages.  to  pay  any  seaman  wages  in  advance  oi  the  time  when  he 

fsoslu.lres.)  ^^^  actually  earned  the  same,  or  to  pay  such  advance  wages 
Sec.  n.  '  to  any  other  person.  Any  person  paving  such  advance 
wages  shall  l)e  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  punished  by  a  ffne  not  less  than  four 
times  the  amount  of  tlie  wages  so  advanced,  and  may  also 
be  imprisoned  for  a  period  not  exceeding  six  months,  at 


BUREAU    OF   NAVIGATION  205 

the  discretion  of  the  t-oiiit.  The  payinoiit  of  such  jidvancc 
wayvs  shall  w-  no  caso,  excoptiiii*"  as  Iicihmii  provided,  al)- 
solve  the  vessel  or  the  master  or  owner  thereof  from  full 
pavment  of  wa^es  after  the  sanu^  shall  have  been  actually 
earned,  and  shall  be  no  defense  to  a  libel,  suit,  or  action 
for  the  recovery  of  such  wtiges.  If  any  person  shall  de- 
mand or  receive,  either  directly  or  indirectly,  from  any 
seaman  or  other  person  seekino"  employment  as  seaman,  or 
from  an}'  person  on  his  behalf,  any  remuneration  what- 
ever for  providino-  him  with  employment,  he  shall  for 
everv  such  otiense  be  liable  to  a  penalty  of  not  more  than 
one  hundred  dollars. 

(I))  It  shall  be  lawful  for  any  seaman  to  stipulate  in  his 
shippint^  aj>reement  for  an  allotment  of  any  portion  of 
the  wa»es  which  he  may  earn  to  his  g'rand  parents,  parents, 
wife,  sister,  or  children.  But  no  allotment  wdiatever  shall 
be  allowed  in  the  trade  between  the  poi'ts  of  the  United 
States  (except  as  provided  in  subdivision  c  of  this  section) 
or  in  trade  ))etween  ports  of  the  United  States  and  the 
Dominion  of  Canada,  Newfoundland,  the  West  Indies  and 
Mexico. 

(c)  It  shall  be  lawful  for  any  seaman  engaged  in  a  ves- 
sel bound  from  a  port  on  the  Atlantic  to  a  port  on  the 
Pacific  or  vice  versa,  or  in  a  vessel  engaged  in  foreign  trade, 
except  trade  between  the  United  States  and  the  Dominion 
of  Canada  or  Newfoundland  or  the  West  Indies  or  the  Re- 
pul)lic  of  Mexico,  to  stipulate  in  his  shipping  agreement 
for  an  allotment  of  an  amount,  to  be  fixed  by  regulation 
of  the  Commissioner  of  Navigation,  with  the  approval  of 

the  Secretary  of  Commerce  and  Lal)or,  not  exceeding  one    Feb.  u,  laos. 
month's  wages,  to  an  original  creditor  in  liquidation  of    s^c^io'." ^~^'^ 
any  just  debt  for  board  or  clothing  w^hich  he  may  have 
contracted  prior  to  engagement. 

(d)  No  allotment  note  shall  be  valid  unless  signed  b}'' 
and  approved  by  the  shipping  commissioner.  It  shall  be 
the  duty  of  said  commissioner  td  examine  such  allotments 
and  the  parties  to  them  and  enforce  compliance  with  the 
law.  All  stipulations  for  the  allotment  of  an}^  part  of  the 
wages  of  a  seaman  during  his  absence  which  are  made  at 
the  conmiencement  of  the  voyage  shall  be  inserted  in  the 
agreement,  and  shall  state  the  amounts  and  times  of  the 
payments  to  be  made  and  the  persons  to  whom  the  pay- 
ments are  to  be  made. 

(e)  No  allotment  except  as  provided  for  in  this  section 
shall  be  lawful.  Any  person  who  shall  falsel}^  claim  to  be 
such  relation  as  al)ove  descri])ed  of  a  seaman  under  this 
section  or  shall  make  a  false  statement  of  the  nature  or 
amount  of  any  debt  claimed  to  be  due  from  any  seaman 
under  this  section  shall  for  every  such  oflense  be  punish- 
able ))y  a  fine  not  exceeding  five  hundred  dollars  or  impris- 
onment not  exceeding  six  months,  at  the  discretion  of  the 
court. 

(f)  This  section  shall  apply  as  well  to  foreign  vessels 
as  to  vessels  of  the  United  States;  and  any  master,  owner. 


206 


BUEEAU    OF    NAVIGATIOlSr 


ment, 
R.  S.,  1,536. 


consignee,  or  agent  of  any  foreign  vessel  who  has  violated 
its  provisions  shall  ])o  liable  to  the  same  penalty  that  the 
master,  owner,  or  agent  of  a  vessel  of  the  United  States 
would  be  for  a  similar  violation:  Provtded^  That  treaties 
in  force  between  the  Unitecl  States  and  foreign  nations  do 
not  conflict. 

(g)  Under  the  direction  of  the  Secretary  of  Commerce 
and  Labor  the  Commissioner  of  Navigation  shall  make 
regulations  to  carry  out  this  section.  [This  section  shall 
not  apply  to  fishing  or  whaling  vessels  or  yachts — Dec.  21, 
1898,  Sec.  26.] 
i^hin  ^exem^*t  ^^  wagcs  due  or  accruing  to  any  seaman  or  apprentice 
from  attach- shall  be  subjcct  to  attachment  or  arrestment  from  any 
court;  and  every  payment  of  wages  to  a  seaman  or  appren- 
tice shall  be  valid  in  law,  notwithstanding  any  previous 
sale  or  assignment  of  wages,  or  of  any  attachment,  incum- 
brance, or  arrestment  thereon;  and  no  assignment  or  sale 
of  wages,  or  of  salvage,  made  prior  to  the  accruing  thereof, 
shall  l)ind  the  party  making  the  same,  except  such  advance 
securities  as  are  authorized  by  this  Title  [R.  S.,  •±501-1612]. 

The  clothing  of  any  seaman  shall  l)e  exempt  from  attach- 
ment, and  any  person  who  shall  detain  such  clothing  when 
demanded  by  the  owner  shall  be  lial)le  to  a  penalty  of  not 
exceeding  one  hundred  dollars. 

No  sum  exceeding  one  dollar  shall  l^o  recoverable  from 
any  seaman,  by  an}^  one  person,  for  any  debt  contracted 
during  the  time  such  seaman  shall  actually  belong-  to  any 
vessel,  until  the  voyage  for  which  such  seaman  engaged 
shall  be  ended. 

It  shall  be  the  duty  of  all  consular  officers  to  reclaim 
deserters,  discountenance  insubordination  by  every  means 
in  their  power,  and,  where  the  local  authorities  can  l)e  use- 
fully employed  for  that  purpose,  to  lend  their  aid  and  use 
their  exertions  to  that  end  in  the  most  eliectual  manner. 
In  all  cases  where  seamen  or  officers  are  accused  the  con- 
sular officer  shall  inquire  into  the  facts  and  proceed  as  pro- 
vided in  section  forty-five  hundred  and  eighty-three  of  the 
Revised  Statutes;  and  the  officer  discharging  such  seamen 
shall  enter  upon  the  crew  list  and  shipping  articles  and 
official  log  the  cause  of  discharge  and  the  particulars  in 
which  the  cruel  or  uinisual  treatment  consisted,  and  sub- 
scribe his  name  thereto  otficiall3^  He  shall  read  the  entry 
made  in  the  official  log  to  the  master,  and  his  reply  thereto, 
if  any,  shall  likewise  be  entered  and  subscribed  in  the  same 
manner. 
Desertion  of  Q^  application  of  a  consul  or  vice-consul  of  any  foreign 
in  tiie  United  government  having  a  treat}'  with  the  United  States  stipu- 
lating for  the  restoration  of  seamen  deserting,  made  in 
writing,  stating  that  the  person  therein  named  has  deserted 
from  a  vessel  of  any  such  government,  while  in  an}'  port  of 
the  United  States,  and  on  proof  by  the  exhibition  of  the 
register  of  the  vessel,  ship's  roll,  or  other  official  document, 
that  the  person  named  )>eU)nged,  at  the  time  of  desertion, 
to  the  crew  of  such  vessel,  it  shall  be  the  duty  of  any  court, 
judge,  commissioner  of  any  circuit  court,  justice,  or  other 


Feb.  18,  1895. 
(H8 Stat.,  667.) 


R.  S.,  1,537. 


Desertion       of 
seamen  abroad. 
R.  S.,  WOO. 
June  26, 1881,. 
mtitat.,55.) 
Sec.  6. 

Dec.  U,  1898. 
{SO  Stat,  761.) 
Sec.  21. 


states, 
jR.  S 


BUREAU    OF   NAVIGATION  207 

magistrate,  having  conipotont  power,  to  issue  warrants  to 
cause  sueli  person  to  be  ari'ested  for  examination.  If,  on 
examination,  tiie  facts  stated  are  found  to  be  true,  the  per- 
son arrested  not  being  a  citizen  of  the  United  States,  shall 
be  delivered  up  to  the  consul  or  vice-consul,  to  be  s(>nt  back 
tothedominions  of  any  suchgovei-nment,  or,  on  the  request 
and  at  the  expense  of  the  consul  or  vice-consul,  shall  bo 
detained  until  the  consul  or  viee-eonsul  finds  an  opportu- 
nity to  send  him  l)ack  to  the  dominions  of  any  such  gov- 
cnunent.  No  person  so  arrested  shall  l)o  detained  more 
than  two  months  after  his  arrest;  ))ut  at  the  end  of  that 
time  shall  l)e  set  at  liberty,  and  shall  not  be  again  molested 
for  the  same  cause.  If  any  such  dcsoi'ter  shall  1)0  found  to 
ha\e  conunitted  any  crime  or  otiense,  his  surrender  may  be 
delayed  until  the  tribunal  l)efore  which  the  case  shall  ))e 
depending,  or  may  be  cognizable,  shall  have  pronounced 
its  sentence,  and  such  sentence  shall  have  been  carried 
into  etl'ect. 

Every  shipping-commissioner  shall  hear  and  decide  any  fo^e'^^hTppTn^g- 
question  whatsoever  between  a  master,  consignee,  agent,  commissioner. 
or  owner,  and  any  of  his  crew,  which  both  parties  agree  in     ""  '-■•''^^*' 
writing  to  submit  to  him;  and  every  award  so  made  bj^  him 
shall  ))e  binding  on  both  parties,  and  shall,  in  any  legal 
proceedings  which  may  be  taken  in  the  matter,  before  any 
court  of  justice,  be  deemed  to  be  conclusive  as  to  the  rights 
of  parties.     And  any  document  under  the  hand  and  official 
seal  of  a  commissioner  purporting  to  be  such  submission 
or  award,  shall  l)e  prima-facie  evidence  thereof. 

In  any  proceeding  relating  to  the  wages,  claims,  or  dis-  ^-  '^'-  '^^5^- 
charge  of  a  seaman,  carried  on  before  any  shipping-com- 
missioner, under  the  provisions  of  this  Title  [K.  S.,  4501- 
4612],  such  shipping-commissioner  may  call  upon  the  owner, 
or  his  agent,  or  upon  the  master,  or  any  mate,  or  nny  other 
member  of  the  crew,  to  produce  any  log-books,  papers,  or 
other  documents  in  their  possession  or  power,  respectively, 
relating  to  any  matter  in  question  in  such  proceedings,  and 
may  call  before  him  and  examine  any  of  such  persons,  being- 
then  at  or  near  the  place,  on  any  such  matter;  and  every 
owner,  agent,  master,  mate,  or  other  member  of  the  crew 
who,  when  called  upon  ])y  the  shipping-commissioner,  does 
not  produce  auA'  such  books,  papers,  or  documents,  if  in  his 
possession  or  power,  or  does  not  appear  and  give  evidence, 
shall,  unless  he  shows  some  reasonable  cause  for  such  a 
default,  be  lial)le  to  a  penalty  of  not  more  than  one  hundred 
dollars  for  each  offense;  and,  on  application  made  bv  the 
shipping- conunissioner,  shall  be  further  punished,  in  the 
discretion  of  the  court,  as  in  other  cases  of  contempt  of  the 
process  of  the  coui't. 

If.  within  twenty-four  hours  after  the  arrival  of  any  soliciting 
vessel  at  any  port  in  the  United  States,  any  person,  then  "/s^^^^eo?. 
being  on  board  such  vessel,  solicits  any  seaman  to  V)ecome 
a  lodger  at  the  house  of  any  person  letting  lodgings  for 
hire,  or  takes  out  of  such  vessel  any  eft'ects  of  any  seaman, 
except  under  his  personal  direction,  and  with  the  permis- 
sion of  the  master,  he  shall,  for  every  such  offense,  be 


208  BUREAU    OF    NAVIGATION 

punishable  by  a  tine  of  not  more  than  fifty  dollars,  or  by 

imprisonment  for  not  more  than  three  months. 

Return  of  sea-     It  shall  be  the  clutv  of  the  consuls,  vice-consuls,  corn- 
men    from    for-  •    i  ,  -it  •    i  ^        i-  i  •  , 

eign  ports,  Alas-  mcrcial  agcuts,  and  vice-commercial  agents,  from  time  to 
ports*^"^  ^"*"^'^'' time,  to  provide  for  the  seamen  of  the  United  States,  who 
£.  k,  1,577.       may  be  found  destitute  within  their  districts,  respectively, 
sufficient  subsistence  and  passages  to  some  port  in  the 
United  States,  in  the  most  reasonable  manner,  at  the  ex- 
pense of  the  United  States,  subject  to  such  instructions  as 
the  Secretary  of  State  shall  give.     The  seamen  shall,  if 
able,  be  bound  to  do  duty  on  board  the  vessels  in  which 
they  may  be  transported,  according  to  their  several  al jilities. 
ReiiefofAmer-     Relief  and  protection  of  American  seamen  in  foreign 
^^^Feh'^ 9^903.      countries,  and  shipwrecked  American  seamen  in  the  Ter- 
{32  Stat.,  S19.)   i-itory  of  Alaska,  in  the  Hawaiian  Islands,  Porto  Rico,  and 
the  Philippine  Islands,  or  so  much  thereof  as  may   be 
necessary,  thirty  thousand  dollars. 
R.  s.,  1.578.  AH  masters  of  vessels  of  the  United  States,  and  bound 

(2$' Stat. f 65.]'    to  some  port  of  the  same,  are  required  to  take  such  desti- 
sec.  9.  ^^^p  seamen  on  lioard  their  vessels,  at  the  request  of  con- 

sular officers,  and  to  transport  them  to  the  port  in  the 
United  States  to  which  such  vessel  may  be  bound,  on  such 
terms,  not  exceeding  ten  dollars  for  each  person  for  vo}^- 
ages  of  not  more  than  thirty  days,  and  not   exceeding 
June  19, 1SS6.    twcnty  dollars  for  each  person  for  longer  voyages,  as  may 
sec^is'"'*^"^     be  agreed  between  the  master  and  the  consular  officer, 
when  the  transportation  is  by  a  sailing  vessel;  and  the 
June26,iss/,.    regular  steerage  passenger  rate  not  to  exceed  two  cents 
ilc.'^s"''^^'*    P*^i'  iiiilc  when  the  transportation  is  by  steamer;  and  said 
consular  officer  shall  issue  certificates  for  such  transporta- 
tion, which  certificates  shall  be  assignable  for  collection. 
If  any  such  destitute  seaman  is  so  disabled  or  ill  as  to  be 
unable  to  perform  duty,  the  consular  officer  shall  so  certify 
in  the  certificate  of  transportation,  and  such  additional 
compensation   shall   be   paid  as  the  Comptroller   of   the 
Treasury   shall   deem   proper.     Every  such   master  who 
refuses  to  receive  and  transport  such  seamen  on  the  request 
or  order  of  such  consular  officer  shall  be  liable  to  the  United 
States  in  a  penalty  of  one  hundred  dollars  for  each  seaman 
so  refused.     The  certificate  of  any  such  consular  officer, 
given  under  his  hand  and  official  seal,  shall  be  presumptive 
evidence  of  such  refusal  in  any  court  of  law  having  juris- 
diction for  the  recovery  of  the  penalty.     No  master  of  any 
June  19, 18S6.    vcsscl  shall,  howcver,  be  obliged  to  take  a  greater  number 
s^c.'m'''*^"^    than  one  man  to  eveiy  one  hundred  tons  burden  of  the 
vessel  on  an}'  one  voj^age,  or  to  take  any  seaman  having  a 
contagious  disease. 
U.S.,  1,579.  Whenever  distressed  seamen  of  the  United  States  are 

transported  from  foreign  ports  where  there  is  no  consular 
officer  of  the  United  States,  to  ports  of  the  United  States, 
there  shall  be  allowed  to  the  master  or  owner  of  each  ves- 
sel, in  Avhich  they  are  transported,  such  reasona1)le  com- 
pensation, in  addition  to  the  allowance  now  fixed  by  law, 
as  shall  be  deemed  equitable  by  the  Comptroller  of  the 
Treasury. 


BUREAU   OF   NAVIGATION  209 

Whenever  any  seaman  or  apprentice  belonging:  to  or  sent    Kf^ccts  of  de- 

•'       .  Tiii  p         •  •  ceiiseo  seamen. 

home  on  any  nioroliant  "vessel,  wlietner  a  roreitj'n-o'onij>;  or  m. k, i,5S8. 
domestic  vessel,  employed  on  a  voyaoe  which  is  to  t<'rmi- 
nate  in  the  United  States,  dies  durino-  snch  voyage,  the 
master  shall  take  char^^e  of  all  moneys,  clothes,  and  eti'ects 
whiih  he  leaves  on  board,  and  shall,  if  he  thinks  tit,  cause 
all  or  an}"  of  such  clothes  and  eti'ects  to  be  sold  l)y  auction 
at  the  mast  or  other  public  auction,  and  shall  thereupon 
siijn  an  entry  in  the  otlicial  loo-book,  and  cause  it  to  be 
attested  ))y  the  mate  and  one  of  the  crew,  containing-  the 
following-  particulars: 

First.  A  statement  of  the  amount  of  mone}'  so  left  b}' 
the  deceased. 

Second.  In  case  of  a  sale,  a  description  of  each  article 
sold,  and  the  sum  received  for  each. 

Third.  A  statement  of  the  sum  due  to  deceased  as  w^ages, 
and  the  total  amount  of  deductions,  if  any,  to  be  made 
therefrom. 

In  cases  embraced  by  the  preceding  section,  the  following    ^^-  *'■•  -i^^^- 
rules  shall  l)e  observed: 

First.  Jf  the  vessel  proceeds  at  once  to  any.  port  in  the 
United  States,  the  master  shall,  within  forty-eight  hours 
after  his  arrival,  deliver  any  such  eti'ects  remaining  unsold, 
and  pay  any  money  which  he  has  taken  charge  of,  or 
received  from  such  sale,  and  the  balance  of  wages  due  to 
the  deceased,  to  the  shipping-commissioner  at  the  port  of 
destination  in  the  United  States. 

Second.  If  the  vessel  touches  and  remains  at  some  foreign 
port  before  coming  to  any  port  in  the  United  States,  the 
master  shall  report  the  case  to  the  United  States  consular 
ofiicer  there,  and  shall  give  to  such  officer  any  information 
he  requires  as  to  the  destination  of  the  vessel  and  probable 
length  of  the  voyage;  and  such  officer  may,  if  he  considers 
it  expedient  so  to  do,  require  the  eti'ects,  money,  and  wages 
to  be  delivered  and  paid  to  him,  and  shall,  upon  such  delivery 
and  payment,  give  to  the  master  a*  receipt;  and  the  master 
shall  within  forty-eight  hours  after  his  arrival  at  his  port 
of  destination  in  the  United  States  produce  the  same  to  the 
shipping-commissioner  there.  Such  consular  officer  shall, 
in  any  such  case,  indorse  and  certify  upon  the  agreement 
with  the  crew  the  particulars  with  respect  to  such  delivery 
and  payment. 

Third.  If  the  consular  officer  does  not  require  such  pay- 
ment and  deliver}'  to  be  made  to  him,  the  master  shall  take 
chaige  of  the  effects,  monc}',  and  wages,  and  shall,  within 
forty-eight  hours  after  his  arrival  at  his  port  of  destination 
in  the  United  States,  deliver  and  pay  the  same  to  the  ship- 
l)i ng-conunissioner  there. 

Fourth.  The  master  shall,  in  all  cases  in  which  an}'  sea- 
man or  apprentice  dies  during  the  voyage  or  engagement, 
give  to  such  othcer  or  shipping-connnissioner  an  account,  in 
such  form  as  they  may  respectively  retiuire,  of  the  effects, 
money,  and  wages  so  to  be  delivered  and  paid;  and  no 
deductions  claimed  in  such  account  shall  t)e  allowed  unless 
27028—04 14 


210  BUKEAU    OF    NAVIGATIOlSr 

verified  by  an  entry  in  the  oflicial  log-book,  if  there  be  any; 
and  l)y  such  other  vouchers,  if  any,  as  ma}'  ])o  reasonably 
required  l)y  the  officer  or  shipping-commissioner  to  whom 
the  account  is  rendered. 

Fifth.  Upon  due  compliance  with  such  of  the  provisions 
of  this  section  as  relate  to  acts  to  he  done  at  the  port  of 
destination  in  the  United  States,  the  shipping-commissioner 
shall  grant  to  the  master  a  certificate  to  that  effect.  No 
officer  of  customs  shall  clear  any  foreign-going  vessel  with- 
out the  production  of  such  certificate. 

K.  s.,  i,5uo.  Whenever  any  master  fails  to  take  such  charge  of  the 

money  or  other  effects  of  a  seaman  or  apprentice  during  a 
vo3"age,  or  to  make  such  entries  in  respect  thereof,  or  to 
procure  such  attestation  to  such  entries,  or  to  make  such 
payment  or  delivery  of  any  money,  wages,  or  effects  of  any 
seaman  or  apprentice  dying  during  a  voyage,  or  to  give 
such  account  in  respect  thereof  as  is  above  directed,  he 
shall  1)6  accountable  for  the  money,  wages,  and  effects  of 
the  seaman  or  apprentice  to  the  circuit  court  in  whose  juris- 
diction such  port  of  destination  is  situate,  and  shall  pay 
and  deliver  the  same  accordingly^;  and  he  shall,  in  addition, 
for  every  such  offense,  be  liable  to  a  penalt}^  of  not  more 
than  treble  the  value  of  the  mone}"  or  effects,  or,  if  such 
value  is  not  ascertained,  not  more  than  two  hundred  dol- 
lars; and  if  any  such  money,  wages,  or  effects  are  not  dul}^ 
paid,  delivered,  and  accounted  for  b}^  the  master,  the  owner 
of  the  vessel  shall  pay,  deliver,  and  account  for  the  same, 
and  such  money  and  wages  and  the  value  of  such  effects 
shall  be  recoverable  from  him  accordingl}";  and  if  he  fails 
to  account  for  and  pay  the  same,  he  shall,  in  addition  to 
his  liability  for  the  money  and  value,  be  liable  to  the  same 
penalty  which  is  incurred  by  the  master  for  a  like  offense; 
and  all  money,  wages,  and  effects  of  an}'  seaman  or  appren- 
tice dying  during  a  voj^age  shall  ])e  recoverable  in  the 
courts  and  ])y  the  modes  of  proceeding  by  which  seamen 
are  enabled  to  recover  wages  due  to  them. 

Maf.'s'^i'm  Whenever  any  such  seaman  or  apprentice  dies  at  any 

(29  Stat,  6S9.)  place  out  of  the  United  States,  leaving  any  money  or  effects 
not  on  board  of  his  vessel,  the  consular  officer  of  the  United 
States  at  or  nearest  the  place  shall  claim  and  take  charge 
of  such  money  and  eflects,  and  shall,  if  he  thinks  fit,  sell 
all  or  any  of  such  effects,  or  any  effects  of  any  deceased 
seaman  or  apprentice  delivered  to  him  under  the  provisions 
of  this  Title  [R.  S.,  4501-4612],  and  shall  quarterly  remit 
to  the  circuit  court  for  the  circuit  embracing  the  port  from 
which  such  vessel  sailed,  or  the  port  where  the  voyage 
terminates,  all  mone3's  belonging  to  or  arising  from  the 
sale  of  the  effects  or  paid  as  the  wages  of  an}'  deceased 
seamen  or  apprentices  which  have  come  to  his  hands;  and 
shall  render  such  accounts  thereof  as  the  circuit  court 
requires. 

V. , .,  i.51,2.  Whenever  any  seaman  or  apprentice  dies  in  the  United 

States,  and  is,  at  the  time  of  his  death,  entitled  to  claim 


BUREAU    OF    NAVIGATION  211 

U'ou\  tlio  mjistor  or  ownor  of  any  vess(^l  in  Avliich  \\c  lias 

s(M'\o(l,  any  unpaid  wa_i>vs  or  ortet'ts.such  master  or  owner 

shall  pay  and  dclixor.  or  account  for  the  same,  to  tli(>  shij)-    .unr.3.  isdt. 

pino'-connuissioncrat  the  port  where  the  seaman  orai)pren-    (^^»''jJa<-.««9) 

lice  was  discharord,  or  was  to  have  been  dischar^^ed,  or 

whore  he  died. 

Kvery  shippino'-commissioner  in  the  United  Stiites  shall,  ^'-  '''■'  ''^''^■ 
within  one  week  from  the  date  of  receiving-  any  such 
nion(\v,  wai>es,  or  (>tfects  of  any  deceased  seaman  or  ap- 
])rentice,  pay,  remit,  oi'  deliver  to  the  circuit  court  of  the 
circuit  in  which  he  r(\><ides,  the  mon<\v,  wages,  or  etl'ects, 
sul)j(M't  to  such  deductions  as  may  ))e  allowed  1)}'  the  cir- 
cuit court  for  expenses  incurred  in  res])ei't  to  such  money 
and  ert'ects;  and  should  an}'  conuuissioiier  fail  to  pay,  re- 
mit, and  deliver  the  same  to  the  circuit  court,  within  the 
time  hereinbefore  mentioned,  he  shall  incur  a  penalty  of 
not  more  than  treble  the  value  of  such  money  and  etl'ects. 

1  f  the  moni>v  and  effects  of  any  seaman  or  appiTutice  paid,  ^>^-  >'''•.  *•'«. 
remitted,  or  delivered  to  tlu^  circuit  court,  including  the 
moneys  received  for  any  part  of  his  etiects  which  have  been 
sold,  either  before  delivery  to  the  circuit  court,  or  by  its 
directions,  do  not  exceed  in  value  the  sum  of  three  hundred 
tloUars,  then,  subject  to  the  provisions  hereinafter  con- 
tained, and  to  all  such  deductions  for  expenses  incurred  in 
respect  to  the  seaman  or  apprentice,  or  of  his  money  and 
etiects,  as  the  said  court  thinks  tit  to  allow,  the  court  may 
pay  and  deliver  the  said  money  and  effects  to  any  claimants 
who  can  i)rove  themselves  either  to  be  his  widow  or  chil- 
dren, or  to  be  entitled  to  the  effects  of  the  deceased  under 
his  will,  or  under  any  statute,  or  at  common  law,  or  to  be 
entitled  to  procure  probate,  or  takeout  letters  of  adminis- 
tration or  contirmation,  although  no  probate  or  letters  of 
administration  or  contirmation  have  been  taken  out,  and 
shall  be  therein'  discharged  from  all  further  liability  in 
respect  of  the  money  and  etl'ects  so  paid  and  delivered;  or 
may.  if  it  thinks  tit  so  to  do,  requ'ire  prol)ate,  or  letters  of 
administration  or  contirmation,  to  be  taken  out,  and  there- 
upon pay  and  deliver  the  said  money  and  etfects  to  the 
legal  personal  representatives  of  the  deceased;  and  if  such 
money  and  etl'ects  exceed  in  value  the  sum  of  three  hundred 
dollars,  then,  subject  to  deduction  for  expenses,  the  court 
shall  pay  and  deliver  the  same  to  the  legal  personal  repre- 
sentatives of  the  deceased. 

A  circuit  court,  in  its  discretion,  may  at  any  time  direct    ^jJ-J^'^fsg? 
the  sale  of  the  wdiole  or  any  part  of  the  effects  of  a  deceased    Ip  ka't.,  eso.) 
seaman  or  apprentice,  Avhich  it  has  received  or  ma}'  here-    ^^^^ '" 
after  receive,  anfl  shall  hold  the  proceeds  of  such  sale  as 
the  wages  of  deceased  seaman  are  held.     When  no  claim 
to  th(>  wages  or  effects  or  proceeds  of  the  sale  of  the  etf'ects 
of  a  deceased  seaman  or  apprentice,  received  by  a  circuit 
court,  is  substantiated  within  six  years  after  the  receipt 
thereof  I)y  the  court,  it  shall  be  in  the  absolute  discretion 
of  the  court,  if  any  subsequent  claim  is  made,  either  to 
allow  or  refuse  the  same.     Such  courts  shall,  from  time 


212  BUEEAU    OF    NAVIGATION 

to  time,  pa}"  any  moneys  arising"  from  the  unclaimed  wages 
and  effects  of  deceased  seamen,  which  in  their  opinion  it 
is  not  necessary  to  retain  for  the  purpose  of  satisfying 
claims,  into  the  Treasury  of  the  United  States,  and  such 
moneys  shall  form  a  fund  for,  and  be  appropriated  to, 
the  relief  of  sick  and  disabled  and  destitute  seamen  belong- 
ing to  the  United  States  merchant  marine  service. 
Offenses  an  <i     The  worcls  "domestic  trade"  in  this  section  shall  include 
^"b.'!s'.™596.^'      trade  between  ports  of  the  United  States  and  trade  between 
fso'siailm.)   poi'ts  of  the  United  States  and  the  Dominion  of  Canada, 
Sec.  19.  '         Newfoundland,  the  West  Indies,  and  Mexico.     The  words 
"foreign  trade"  shall  include  trade  between  ports  of  the 
United  States  and  foreign  ports,  except  as  above  specified, 
and  trade  between  Atlantic  and  Pacific  ports  of  the  United 
States.     Whenever  any  seaman  who  has  been  lawfully  en- 
gaged or  any  apprentice  to  the  sea  service  commits  any  of 
the  following  ofi'enses  he  shall  be  punishable  as  follows: 

First.  For  desertion,  if  the  ofi'ense  occur  at  a  port  of  the 
United  States,  or  a  foreign  port  in  the  domestic  trade,  by  for- 
feiture of  all  or  any  part  of  the  clothes  or  effects  he  leaves 
on  board  and  of  all  or  any  part  of  the  wages  or  emoluments 
which  he  has  then  earned.  If  the  offense  occur  at  a  foreign 
port  in  the  foreign  trade,  b}"  forfeiture  of  all  or  any  part  of 
the  clothes  or  effects  he  leaves  on  board  and  of  all  or  any 
part  of  the  wages  or  emoluments  which  he  has  then  earned; 
and  also,  at  the  discretion  of  the  court,  by  imprisonment  for 
not  more  than  one  month. 

Second.  For  neglecting  or  refusing,  without  reasonable 
cause,  to  join  his  vessel  or  to  proceed  to  sea  in  his  vessel, 
or  for  absence  without  leave  at  any  time  within  twenty- 
four  hours  of  the  vessel's  sailing  from  any  port,  either  at 
the  conmiencement  or  during  the  progress  of  any  voyage, 
or  for  absence  at  any  time  without  leave  and  without  suf- 
ficient reason  from  his  vessel  or  from  his  duty,  not  amount- 
ing to  desertion  or  not  treated  as  such  by  the  master,  if 
the  offense  occur  at  a  port  of  the  United  States  or  a  foreign 
port  in  the  domestic  trade,  b}'  a  forfeiture  from  his  wages 
of  not  more  than  two  days'  pa}^,  or  sufficient  to  defray  any 
expenses  which  have  been  properly  incurred  in  hiring  a 
substitute;  or  if  the  offense  occur  at  a  foreign  port,  in  the 
foreign  trade,  bj^  a  forfeiture  from  his  wages  of  not  more 
than  two  days'  pa}",  or,  at  the  discretion  of  the  court,  by 
imprisonment  for  not  more  than  one  month. 

Third.  For  quitting  the  vessel,  in  whatever  trade  en- 
gaged, at  a  foreign  or  domestic  port,  without  leave  after 
her  arrival  at  her  port  of  delivery  and  before  she  is  placed 
in  security,  by  forfeiture  from  his  wages  of  not  more  than 
one  month's  pa}". 

Fourth.  For  willful  disobedience  to  any  lawful  com- 
mand at  sea,  by  being,  at  the  option  of  the  master,  placed 
in  irons  until  such  disobedience  shall  cease,  and  upon 
arrival  in  port,  if  of  the  United  States,  by  forfeiture  from 
his  wages  of  not  more  than  four  days'  pay,  or  upon  arrival 
in  a  foreign  port  by  forfeiture  from  his  wages  of  not  more 


BUREAU    OF    NAVIGATION  213 

than  four  days'  pay,  or,  at  tho  discretion  of  tlio court,  l)y 
iniprisonnuMit  for  not  niort*  than  one  month. 

Fifth.  For  fontinucd  willful  (UsolKHlicncc  to  lawful  Coui- 
niancl  or  continued  willful  ni'^hn-t  of  (hity  at  sea  by  ln'ing-, 
at  the  oi)tion  of  the  master,  placed  in  irons,  on  bread  and 
water,  with  full  rations  every  tifth  day,  luitil  such  dis- 
obedience shall  cease,  and  upon  arrival  in  port,  if  of  the 
Fnited  States,  l)v  forfeiture,  for  every  twenty-four  hours' 
contiiuiance  of  such  disobedi(>nce  or  ncg-lect,  of  (Mther  a 
sum  of  not  moie  than  twelve  days'  pay  or  sufficient  to 
defray  any  expenses  which  have  been  properly  incurred 
in  hirino-  a  substitute,  or  upon  arrival  in  a  foreion  port, 
in  adtlition  to  the  a))ove  penalty,  by  imprisonment  for  not 
more  than  three  months,  at  the  discretion  of  the  couit. 

Sixth.  For  assaulting-  any  master  or  mate,  in  whatever 
trade  engaged,  by  imprisonment  for  not  more  than  tAvo 
years. 

Seventh.  F^or  willfully  damaging  the  vessel,  or  embez- 
zling or  willfulh'  damaging  any  of  the  stores  or  cargo,  in 
whatever  trade  engaged.  In-  forfeiture  out  of  his  wages  of 
a  sum  eijual  in  amount  to  the  loss  therel)y  sustained,  and 
also,  at  the  discretion  of  the  court,  b}'  imprisonment  for 
not  more  than  twelve  months. 

Eighth.  For  an}'  act  of  smuggling  for  which  he  is  con- 
victed, and  whereb}'  loss  or  damage  is  occasioned  to  the 
master  or  owner,  in  whatever  trade  engaged,  he  shall  be 
liable  to  pay  such  master  or  owner  such  a  sum  as  is  suffi- 
cient to  reiml)urse  the  master  or  owner  for  such  loss  or 
damage;  and  the  whole  or  any  part  of  his  wages  may  be 
retained  in  satisfaction  or  on  account  of  such  liability;  and 
he  shall  be  liable  to  imprisonment  for  a  period  of  not  more 
than  twelve  months. 

Upon  the  commission  of  anv  of  the  offenses  enumerated  ^-  ■^-  '•^^~- 
in  the  preceding  section  an  entry  thereof  shall  be  made  in  {sostai.,76i.) 
the  official  log  book  on  the  day  on  which  the  offense  was  ^^'''  ^^' 
committed,  and  shall  be  signed  hy  the  master  and  by  the 
mate  or  one  of  the  crew"  and  the  offender,  if  still  in  the 
vessel,  shall,  before  her  next  arrival  at  any  port,  or,  if  she 
is  at  the  time  in  port,  before  her  departure  therefrom,  be 
furnished  with  a  copy  of  such  entry,  and  have  the  same 
read  over  distinctly  and  audil^l}-  to  him,  and  may  thereupon 
make  such  a  reply  thereto  as  he  thinks  fit;  and  a  state- 
ment that  a  cop3'  of  the  entr}"  has  been  so  furnished,  or 
the  same  has  been  so  read  over,  together  w'ith  his  reply, 
if  any.  made  by  the  offender,  shall  likewise  be  entered  and 
signed  in  the  same  manner.  In  any  subsequent  legal  pro- 
ceedings the  entries  hereinbefore  re(piired  shall,  if  prac- 
ticable, be  produced  or  proved,  and  in  default  of  such  pro- 
duction or  proof  the  court  hearing  the  case  mav,  at  its 
discretion,  refuse  to  receive  evidence  of  the  offense. 

All  clothes,  effects,  and  wages  which,  under  tht»  provi-    ^''- •''■.  ^'-w- 
sjons  of  this  Title  [R.  S.,  -t501-4t>12J,  are  forfeited  for  deser- 
tion^ shall  be  applied,  in  the  first  instance,  in  payment  of 
the  expenses  occasioned  ])y  such  desertion,  to  the  maater 


214  BUREAU    OF    NAVIGATION 

or  owner  of  the  vessel  from  which  tJio  desertion  has  taken 
place,  and  the  balance,  if  any,  shall  be  paid  by  the  master 
or  owner  to  any  shippino-  commissioner  resident  at  the  port 
at  which  the  vo3'age  of  such  vessel  terminates;  and  the 
shipping-conmiissioner  shall  account  for  and  pay  over  such 
balance  to  the  judge  of  the  circuit  court  within  one  month 
after  the  commissioner  receives  the  same,  to  be  disposed 
of  by  him  in  the  same  manner  as  is  prescribed  for  the  dis- 
posal of  the  monc}",  effects,  and  wages  of  deceased  sea- 
men. Whenever  any  master  or  owner  neglects  or  refuses 
to  pay  over  to  the  shipping-commissioner  such  balance,  he 
shall  be  liable  to  a  penalty  of  doul)le  the  amount  thereof, 
recoverable  by  the  commissioner  in  the  same  manner  that 
seamen's  wages  are  recovered.  In  all  other  cases  of  for- 
feiture of  wages,  the  forfeiture  shall  be  for  the  benefit  of 
the  master  or  owner  by  whom  the  wages  are  payable. 
s.  s.,  U602.  Any  master  of,  or  any  seaman  or  apprentice  belonging 

to,  any  merchant  vessel,  who,  by  willful  breach  of  duty, 
or  by  reason  of  drunkenness,  does  any  act  tending  to  the 
immediate  loss  or  destruction  of,  or  serious  damage  to  such 
vessel,  or  tending  immcdiatel}"  to  endanger  the  life  or  limb 
of  an}'^  person  belonging  to  or  on  board  of  such  vessel;  or 
who,  by  willfid  l)reach  of  dut}",  or  b}^  neglect  of  duty,  or 
by  reason  of  drunkenness,  refuses  or  omits  to  do  any  law- 
ful act  proper  and  requisite  to  be  done  by  him  for  pre- 
serving such  vessel  from  immediate  loss,  destruction,  or 
serious  damage,  or  for  preserving  any  person  belonging 
to  or  on  board  of  such  ship  from  immediate  danger  to  life 
or  limb,  shall,  for  every  such  offense,  be  deemed  guilty  of 
a  misdemeanor,  punishable  b}^  imprisonment  for  not  more 
than  twelve  months. 
R.  s.,  ueos.  -^Q  .seaman  in  the  merchant-service  shall  wear  any  sheath- 

knife  on  shipboard.     It  shall  be  the  dut}'  of  the  master  of 
any  vessel  registered,  enrolled,  or  licensed  under  the  laws 
of  the  United  States,  and  of  the  person  entering  into  con- 
tract for  the  employment  of  a  seaman  upon  any  such  ves- 
sel, to  inform  every  person  offering  to  ship  himself  of  the 
provisions  of  this  section,  and  to  require  his  compliance 
therewith,  under  a  penalty  of  fff  ty  dollars  for  each  omission, 
fs^'siat^fsg)   ^°  ^■•^  sued  for  and  recovered  in  the  name  of  the  United 
Sec.  10.  '         States,  under  the  direction  of  the  Secretary  of  Commerce 
and  La])or;  one  half  for  the  benefit  of  the  informer,  and 
the  other  half  for  the  benefit  of  the  fund  for  the  relief  of 
sick  and  disabled  seamen. 
ishmTnt^'^prohib-     ^l^^teS'i"^'  '^"^^  '^^^  othcr  f  omis  of  corporal  punishment  are 
ited.  herel)y  prohibited  on  board  any  vessel,  and  no  form  of  cor- 

D'ec.'hums.  poral  punishment  on  board  any  vessel  shall  be  deemed 
Sec^^f''''^''^'^  justifiable,  and  any  master  or  other  officer  thereof  who 
shall  violate  the  aforesaid  provisions  of  this  section  or 
either  thereof  shall  l)e  deemed  guilty  of  a  misdemeanor, 
punishal)le  by  imprisonment  not  less  than  three  months  or 
more  than  two  years.     AVhenever  any  officer  other  than  the 


BUREAU    OF    NAVIGATION  215 

itiiistor  of  such  vessel  shall  violate  any  provision  of  tliis 
section,  it  shall  be  the  duty  of  such  master  to  surrender 
such  olliccr  to  the  jiroper  authorities  as  soon  as  practi- 
cable. Any  faihire  upon  the  [)!irtof  such  master  to  comply 
her(>\vith,  ^\■hi(•h  faihire  shall  result  in  the  escape  of  such 
olliccr,  shall  render  said  master  liable  in  damages  to  the 
person  illeoallv  punished  by  such  officer. 

All  penal ti(>s  a nd  forfeitures  imposed  by  this  Title  [R.  S. ,  mXTw: 
•i:5()l-4(il:^J,  for  the  recover}'  whereof  no  specific  mode  is 
hereinbefore  provided,  may  be  recovered,  with  costs,  in 
any  circuit  court  of  the  United  States,  at  the  suit  of  any 
district  attorney  of  the  United  States,  or  at  the  suit  of 
any  person  by  information  to  any  district  attorney  in  any 
port  of  the  United  States,  where  or  near  to  where  the 
otiense  is  committed  or  the  offender  is  found;  and  if  a 
conviction  is  had,  and  the  sum  imposed  as  a  penalty  by 
the  court  is  not  paid  either  immediately  after  the  convic- 
tion, or  within  such  period  as  the  court  at  the  time  of  the 
conviction  appoints,  it  shall  be  lawful  for  the  court  to 
commit  the  offender  to  prison,  there  to  be  imprisoned  for 
the  term  hereinbefore  provided  in  case  of  such  offense, 
the  conunitment  to  be  terminable  upon  payment  of  the 
amount  and  costs;  and  all  penalties  and  forfeitures  men- 
tioned in  this  Title  for  wdiich  no  special  application  is  pro- 
vided, shall,  when  recovered,  be  paid  and  applied  in  man- 
ner followino-:  So  much  as  the  court  shall  determine,  and 
the  residue  shall  be  paid  to  the  court  and  be  remitted  from 
time  to  time,  by  order  of  the  judge,  to  the  Treasury  of  the 
United  States,  and  appropriated  as  provided  for  in  section 
forty-five  hundred  and  forty-five:  Provided  always^  ThoX 
it  shall  be  lawful  for  the  court  before  which  an}^  proceed- 
ino-  shall  l>e  instituted  for  the  recovery  of  an}^  pecuniary 
penidty  imposed  by  this  act,  to  mitigate  or  reduce  such 
penalty  as  to  such  court  shall  appear  just  and  reasonable; 
but  no  such  penalty  shall  be  reduced  to  less  than  one-third 
of  its  original  amount:  Provided  aho^  That  all  proceedings 
so  to  be  instituted  shall  be  commenced  within  two  j^ears 
next  after  the  conmiission  of  the  offense,  if  the  same  shall 
have  been  connnitted  at  or  beyond  the  Cape  of  Good  Hope 
or  Cape  Horn,  or  within  one  year  if  committed  elsewhere, 
or  within  two  months  after  the  return  of  the  offender  and 
the  comphiining-  party  to  the  United  States;  and  there  shall 
be  no  appeal  from  an}'  decision  of  an}'  of  the  circuit  courts, 
unless  the  amount  sued  for  exceeds  the  sum  of  live  hundred 
dollars. 

Table  A. 

United  States  of  America.  Formof articles 

(Date  and  place  of  first  signature  of  agreement,  includ-"  iJ.^s\,Vy. " 

ing  name  of  shi])ping-office.) 

It  is  agreed  between  the  master  and  seamen  or  mariners 

of  the ,  of  which is  at  present 


216 


BUREAU    OF    NAVIGATION 


master,  or  whoever  shall  go  for  master,  now  bound  from 

the  port  of  , ,  to  , ,  (here  the 

voyage  is  to  be  described,  and  the  places  named  at  which 
the  vessel  is  to  touch,  or  if  that  cannot  be  done,  the  general 
nature  and  probable  length  of  the  vo^^age  is  to  be  stated.) 

And  the  said  crew  agree  to  conduct  themselves  in  an 
orderlj^  faithful,  honest,  and  sober  manner,  and  to  be  at 
all  times  diligent  in  their  respective  duties,  and  to  be  obe- 
dient to  the  lawful  commands  of  the  said  master,  or  of  any 
person  who  shall  lawfully  succeed  him,  and  of  their  supe- 
rior officers  in  everything  relating  to  the  vessel,  and  the 
stores  and  cargo  thereof,  whether  on  board,  in  boats,  or  on 
shore;  and  in  consideration  of  which  service,  to  be  duly 
performed,  the  said  master  hereby  agrees  to  pay  the  said 
crew,  as  wages,  the  sums  against  their  names  respectively 
expressed,  and  to  supply  them  with  provisions  according 
to  the  annexed  scale.  And  it  is  hereby  agreed  that  any 
embezzlement,  or  w  illful  or  negligent  destruction  of  any 
part  of  the  vessel's  cargo  or  stores,  shall  l)e  made  good  to 
the  owner  out  of  the  wages  of  the  person  guilt}'  of  the 
same;  and  if  any  person  enters  himself  as  qualilied  for  a 
duty  which  he  proves  himself  incompetent  to  perform,  his 
wages  shall  be  reduced  in  i:)roportion  to  his  incompetency. 
And  it  is  also  agreed  that  if  any  member  of  the  crew  con- 
siders himself  to  be  aggrieved  by  any  breach  of  the  agree- 
ment or  otherwise,  he  shall  represent  the  same  to  the 
master  or  officer  in  charge  of  the  vessel,  in  a  quiet  and 
orderly  manner,  who  shall  thereupon  take  such  steps  as 
the  case  may  require.  And  it  is  also  agreed  that  (here  any 
other  stipulations  ma}'  be  inserted  to  which  the  parties 
agree,  and  which  are  not  contrary  to  law). 

In  witness  whereof  the  said  parties  have  subscribed  their 
names  hereto,  on  the  days  against  their  respective  signa- 
tures mentioned. 

Signed  by ,  master,  on  the  day  of 

,  eighteen  hundred  and . 


June  S6,  1881,. 
(23  Slat,  65.) 
See.  10. 


Dec.  n.  1898. 
(.WStat.,  763.) 
Sec.  U. 


Height. 

Descrip- 
tion. 

Tim 

serv 

e  of 
ice. 

C 

0 

0  ai 

A 

s 

.25 

0 

a 
0 

C 

a 
0 

0 

0) 

a 

01    . 

'S 

li 

P. 

5 

in 
< 

3 
'S 
Si 
"3. 

a 

0 

'S 

be 

C3 

u 

0 
p. 

Sue 

"0 . 

5 
0 

a 
< 

5 
a 
0 
J5 

0 

0 
Si 

3 
be 

5 
a> 

0 

oi 

a 

ci 
S3 

a 

^2 
C  a! 

2 

CO 

0. 

a 

a 
0 

< 

Note. — In  the  place  for  signatures  and  descriptions  of 
men  engaged   after  the  first  departure  of  the  ship,  the 


BUREAU    OF    NAVIGATION 


217 


entries  arc  to  bo  made  as  above,  except  that  the  signatures 
of  the  consul  or  \'ioo-c'on.sul,  officer  of  customs,  or  witness 
before  whom  the  man  is  enoao-ed,  is  to  be  substituted  for 
that  of  the  shipping-master. 


Christian  and 
surname  of  ap- 
prentice in  full. 


Dato  of  regis- 
try of  inden- 
ture. 


Port  at  whieli 

indenture  was 

registered. 


Date  of  regis- 
ter of  assign- 
ment. 


Port  at  which        Account  of  ap- 

a.ssign men t  was  P  r e n  1 1 c e s    on 

registered.        ^^o^rd. 


A'.  ,S'.,  1,612. 


Water quarts.. 

Biseuit pound. . 

Beef,  salt pounds. . 

Pork,  salt pound. . 

Flour pound . . 

Canned  m-eat pound . . 

Fresh  bread pounds. . 

Fish,  dry,  preserved,  or  fresh  ...pound.. 

Potatoes  or  yams pound . . 

Canned  potatoes pound . . 

Pease pint . . 

Beans pint. . 

Riee pint.. 

Coffee  (green  berry) ounce. . 

Tea ounce. . 

Sugar ounces. . 

Molasses pint. . 

Pried  fruit ounces. . 

Pickles pint.. 

Vinegar pint.. 

Corn  meal ounces.. 

Onions ounces. . 

Lard ounce. . 

Butter ounce. . 

Mustard,  pepper,  and  salt  sufficient  for 
seasoning. 


Scale  of  provi- 
sions to  be  al- 
io wed  and  served 
out  to  the  crew 
during  the  voy- 
age. 

K.  .S.,  1,612. 

Dec.  21,  189S. 

(SO  Stat.,  762.) 

Sec.  23. 


SUBSTITUTES 


One  pound  of  flour  dail}'  mav  be  .substituted  for  the  daily 
ration  of  biscuit  or  fresh  ))read;  two  ounces  of  desiccated 
vegetables  for  one  pound  of  potatoes  or  yams;  six  ounces 
of  hominy,  oatmeal,  or  cracked  wheat,  or  two  ounces  of 
tapioca,  for  six  ounces  of  rice;  six  ounces  of  canned  vegeta- 
bles for  one-half  pound  of  canned  tomatoes;  one-eighth  of 
an  ounce  of  tea  for  three-fourths  of  an  ounce  of  coffee; 
thi-ee-fourths  of  an  ounce  of  cotJee  for  one-eighth  of  an 
ounce  of  tea;  six  ounces  of  canned  fiuit  for  three  ounces 
of  dried  fruit;  one-half  ounce  of  lime  juice  for  the  daily 
ration  of    vinegar;  four  ounces  of    oatmeal  or  cracked 


218 


BUREAU    OF   NAVIGATION 


wheat  for   one-half   pint   of   corn   meal;   two  ounces  of 
pickled  onions  for  four  ounces  of  fresh  onions. 

When  the  vessel  is  in  port  and  it  is  possible  to  obtain 
the  same,  one-and-one-half  pounds  of  fresh  meat  shall  be 
substituted  for  the  daily  rations  of  salt  and  canned  meat; 
one-half  pound  of  green  cabbage  for  one  ration  of  canned 
tomatoes;  one-half  pound  of  fresh  fruit  for  one  ration  of 
dried  fruit.  Fresh  fruit  and  vegetables  shall  be  served 
while  in  port  if  obtainable.  The  seamen  shall  have  the 
option  of  accepting  the  fare  the  master  may  provide,  but 
the  right  at  any  time  to  demand  the  foregoing  scale  of  pro- 
visions. The  foregoing  scale  of  provisions  shall  be  inserted 
in  every  article  of  agreement,  and  shall  not  be  reduced  b}^  an}^ 
contract,  except  as  above,  and  a  copy  of  the  same  shall  be 
posted  in  a  conspicuous  place  in  the  galley  and  in  the  fore- 
castle of  each  vessel.  [Fishing  or  whaling  vessels  or  yachts 
exempt,  December  21,  1898,  sec.  26.] 

Table  B 


Certificate 
discharge. 

a.  s.,  itGn. 


of       . 

, 

B 

bp 

3 

aj  t^ 

9a 

O 

6 

6 

a 

0)  03 

he 

|2 

u 
.2 

o 

a 
a 

oft 

■It 

'u  u 

O  O 

03 

a 
i 

o 

a 

a) 

o 

OS 

"sa 

n. 

a 

03 

-a 
a 

■3 

03 
S3 

O 
0) 

o 

03 

si 

o 

0) 

oj 

^ 

03 

;z; 

Ah 

H 

o 

'A 

Ph 

« 

Q 

o 

O 

Q 

a 

CL, 

' 

I  certify  that  the  above  particulars  are  correct,  and  that 
the  above-named  seaman  was  discharged  accordingly. 
Dated day  of ,  eighteen  hundred  and . 


(Signed) ,  Master. 

(Countersigned) ,  Seaman. 

Given  to  the  above-named  seaman  in  my  presence  this 
—  day  of ,  eighteen  hundred  and . 


(Signed) 


Shipping-Commissioner. 


over"^AmeHean      Whenever   it   is    stipulated    by   treaty   or   convention 

seamen  in  lor  between  the  United  States  and  any  foreign  nation  that  the 

fofdgn'^'^slamen  consul-general,  consuls,  vice-consuls,  or  consular  or  com- 

portf  ™^'^'*^'"^^^^^^^"^^^^  agents  of  each  nation,  shall  have  exclusive  juris- 

R.  k,  4079        diction  of  controversies,  difficulties,  or  disorders  arising  at 

sea  or  in  the  waters  or  ports  of  the  other  nation,  between 

the  master  or  officers  and  any  of  the  crew,  or  between  any 

of  the  crew  themselves,  of  any  vessel  belonging  to  the 


burp:au  of  navigation  219 

nation  icprosoiitod  by  such  consular  oiKcer,  such  stipula- 
tions shall  Ih'  I'xocutod  and  cnforrcd  within  tho  jurisdic- 
tion of  the  United  States  as  hcrci nailer  declared.  Bnt 
before  this  section  siiall  take  etl'ect  as  to  the  vessels  of  any 
particular  nation  havin<isuch  treaty  with  the  United  States, 
the  President  shall  hi'  satisfied  tiiat  similar  ])rovisions  have 
l)een  made  for  the  execution  of  such  treaty  by  the  other 
contractino-  i^arty,  and  shall  issue  his  proclamation  to  that 
eti'ect,  deelarino"  this  section  to  be  in  force  as  to  such  nation. 

In  all  cases  within  the  purview  of  the  preceding  section  a.  s.,/,o8o. 
the  consul-general,  consul,  or  other  consular  or  commercial 
authority  of  such  foreign  nation  charged  Avith  the  appro- 
priate duty  in  the  particular  case,  uiay  make  application 
to  any  court  of  record  of  the  United  States,  or  to  any  judge 
thei'cof,  or  to  any  commissioner  of  a  district  court,  setting 
forth  that  such  controversy,  difficulty,  or  disorder  has 
arisen,  brietlv  stating  the  nature  thereof,  and  when  and 
where  the  same  occurred,  and  exhibiting  a  certified  cop}'  or 
abstract  of  the  shipping-articles,  roll,  or  other  proper  paper 
of  the  vessel,  to  the  effect  that  the  person  in  question  is  of 
the  crew  or  ship's  company  of  such  vessel;  and  further 
stating  and  certifying  that  such  person  has  withdrawn  him- 
self, or  is  believed  to  be  about  to  withdraw  himself,  from 
the  control  and  discipline  of  the  master  and  officers  of  the 
vessel,  or  that  he  has  refused,  or  is  about  to  refuse,  to  sub- 
mit to  and  obey  the  lawful  jurisdiction  of  such  consular  or 
conunercial  authority  in  the  premises;  and  further  stating 
and  certrfying  that,  to  the  best  of  the  knowledge  and  belief 
of  the  officer  certifying,  such  person  is  not  a  citizen  of  the 
United  States.  Such  application  shall  be  in  writing  and 
duly  authenticated  ])y  the  consular  or  other  sufficient  offi- 
cial seal.  Thereupon  such  court,  judge,  or  commissioner 
shall  issue  his  warrant  for  the  arrest  of  the  person  so  com- 
plained of,  directed  to  the  marshal  of  the  United  States 
for  the  appropriate  district,  or  in  his  discretion  to  any  per- 
son, being  a  citizen  of  the  United  States,  w'hom  he  may 
specially  depute  for  the  purpose,  requiring  such  person  to 
be  brought  before  him  for  examination  at  a  certain  time 
and  place. 

If,  on  such  examination,  it  is  made  to  appear  that  the  r.s.,/,08i. 
person  so  arrested  is  a  citizen  of  the  United  States,  he  shall 
be  forthwith  discharged  from  arrest,  and  shall  be  left  to 
the  ordinary  course  of  law.  But  if  this  is  not  made  to 
appear,  and  such  court,  judge,  or  commissioner  finds,  upon 
the  papers  hereinbefore  referred  to,  a  sufficient  prima- 
facie  case  that  the  matter  concerns  only  the  internal  order 
and  discipline  of  such  foreign  vessel,  or,  whether  in  its 
nature  civil  or  criminal,  does  not  affect  directly  the  execu- 
tion of  the  laws  of  the  United  States,  or  the  rights  and 
duties  of  any  citizen  of  the  United  States,  he  shall  forth- 
with, by  his  warrant,  connnit  such  person  to  prison,  where 
prisoneis  under  sentence  of  a  court  of  the  United  States 
may  be  lawfully  connnitted,  or,  in  his  discretion,  to  the 
master  or  chief  officer  of  such  foreign  vessel,  to  be  subject 


220  BUREAU    OF    NAVIGATION 

to  the  lawful  orders,  control,  and  discipline  of  such  master 
or  chief  officer,  and  to  the  jurisdiction  of  the  consuhir  or 
commercial  authority  of  the  nation  to  which  such  vessel 
belongs,  to  the  exclusion  of  any  authority  or  jurisdiction 
in  the  premises  of  the  United  States  or  any  State  thereof. 
No  person  shall  be  detained  more  than  two  months  after 
his  arrest,  but  at  the  end  of  that  time  shall  l)e  set  at  liberty 
and  shall  not  again  be  arrested  for  the  same  cause.  The 
expenses  of  the  arrest  and  the  detention  of  the  person  so 
arrested  shall  be  paid  by  the  considar  officer  making  the 
application. 

DUTIES    or   REVENUE-CUTTER   OFFICERS 


R.s.,2760.  rpj^^  officers  of  the  revenue-cutters  shall  respectively  be 

deemed  officers  of  the  customs,  and  shall  be  subject  to  the 
direction  of  such  collectors  of  the  revenue,  or  other  officers 
thereof,  as  from  time  to  time  shall  be  designated  for  that 
purpose.  They  shall  go  on  board  all  vessels  which  arrive 
within  the  United  States  or  within  four  leagues  of  the 
coast  thereof ,  if  bound  for  the  United  States,  and  search- 
and  examine  the  same,  and  every  part  thereof,  and  shall 
demand,  receive,  and  certify  the  manifests  required  to  be 
on  board  certain  vessels,  shall  affix  and  put  proper  fasten- 
ings on  the  hatches  and  other  communications  with  the 
hold  of  any  vessel,  and  shall  remain  on  board  such  vessels 
until  they  arrive  at  the  port  or  place  of  their  destination. 

E.s.,2761.  i-pj^g  master  of  any  revenue-cutter  shall  make  a  weekly 

return  to  the  collector,  or  other  officer  of  the  district  under 
whose  direction  it  is  placed,  of  the  transactions  of  the  cut- 
ter, specifying  the  vessels  that  have  been  boarded,  their 
names  and  descriptions,  the  names  of  the  masters,  from 
what  port  or  place  they  last  sailed,  whether  laden  or  in 
ballast,  to  what  nation  belonging,  and  whether  they  have 
the  necessary  manifests  of  their  cargoes  on  board,  and 
generally  all  such  matters  as  it  may  be  necessary  for  the 
officers  of  the  customs  to  know. 

ASSISTANCE    BY    UNITED   STATES   VESSELS 

R.  s.,  2759.  rjij-^g  revenuc-cuttcrs  on  the  northern  and  northw^estern 

lakes,  when  put  in  commission,  shall  be  specially  charged 
with  aiding  vessels  in  distress  on  the  lakes. 

R.  s.,  15S6.  The  President  may,  when  the  necessities  of  the  service 

permit  it,  cause  any  suitable  number  of  public  vessels 
adapted  to  the  purpose  to  cruise  upon  the  coast  in  the  sea- 
son of  severe  weather  and  to  ati'ord  such  aid  to  disti'essed 
navigators  as  their  circumstances  may  retjuire;  and  such 
public  vessels  shall  go  to  sea  fully  prepared  to  render  such 
assistance. 

NAVY    RATION 

R.s.,i5so.^  The  Navy  ration  shall  consist  of  the  following  daily 

(ssssto/fets.)  allowance  of  provisions  to  each  person:  One  pound  and  a 


BUREAU    OF    NAVIGATION  221 

quarter  salt  or  smoked  nu>at,  "svith  three  ounces  of  dried 
or  six  ounces  of  canned  fruit,  and  three  ^ills  of  heans  or 
peas,  or  twelve  ounces  of  Hour;  or  one  pound  of  preserved 
meat,  with  threi^  oimces  of  dried  or  six  ounces  of  canned 
fruit,  and  twelve  ounces  of  rice  or  ei^^lit  ounces  of  canned 
vetjetahles  or  four  ounces  of  desiccated  vegetables; 
together  with  one  pound  of  biscuit,  two  ounces  of  butter, 
four  ounces  of  sugar,  two  ounces  of  coffee  or  cocoa  or 
one-half  ounce  of  tea  and  one  ounce  of  condensed  uiilk  or 
evaporated  cream;  and  a  Aveekl}'  allowance  of  one-half 
pound  of  macaroni,  four  ounces  of  cheese,  four  ounces  of 
tomatoes,  one-half  pint  of  vineu-ar,  one-half  pint  of  pickles, 
one-half  pint  of  molasses,  four  ounces  of  salt,  one-quarter 
ounce  of  pepper,  and  one-half  ounce  of  dry  mustard. 
Five  pounds  of  lard  or  a  suitable  substitute  shall  be 
allowed  for  every  hundred  pounds  of  flour  issued  as  bread, 
and  such  quantities  of  yeast  as  may  ])e  necessary. 

The  following  substitution  for  the  components  of  the    jj.  .s-.,  issi. 
ration  may  be  made  when  deemed  necessar}^  by  the  senior    fsi'stat.^^so.) 
officer  present  in  command: 

For  one  and  one-quarter  pounds  of  salt  or  smoked  meat 
or  one  pound  of  preserved  meat,  one  and  three-quarters 
pounds  of  fresh  meat;  in  lieu  of  the  article  usually  issued 
with  salt,  smoked,  or  preserved  meat,  fresh  vegetables  of 
equal  value;  for  one  pound  of  biscuit,  one  and  one-quarter 
pounds  of  soft  bread,  or  eighteen  ounces  of  flour;  for  three 
gills  of  beans  or  peas,  twelve  ounces  of  flour  or  rice  or 
eight  ounces  of  canned  vegetables,  and  for  twelve  ounces 
of  flour  or  rice  or  eight  ounces  of  canned  vegetables,  three 
gills  of  beans  or  peas. 

An  extra  allowance  of  one  ounce  of  coffee  or  cocoa,  two 
ounces  of  sugar,  four  ounces  of  hard  bread  or  its  equiva- 
lent, and  four  ounces  of  preserved  meat  or  its  equivalent 
shall  be  allowed  to  enlisted  men  o'f  the  engineer  and  dynamo 
force  when  standing  night  watches  between  eight  o'clock 
postmeridian  and  eight  o'clock  antemeridian  under  steam. 

COAL   AND    WAR   MATERIALS 

The  President  is  herel)y  authorized ,  in  his  discretion,  and    f^^'-gf^^  ^^|^\ 
with  such  limitations  and  exceptions  as  shall  seem  to  him 
expedient,  to  prohibit  the  export  of  coal  or  other  material 
used  in  war  from  an}'  seaport  of  the  United  States  until 
otherwise  ordered  by  the  President  or  by  Congress. 

SEAWORTHINESS,  SUPPLIES,  LOCi-BOOK 

If  any  person  knowingly  sends  or  attempts  to  send  or  is  vell"^'^^^'''^^'^^ 
partv  to  the  sending  or  attempting  to  send  an  American    hec.2i,ms. 
ship  to  sea,  in  the  foreign  oi-  cojistwise  trade,  in  such  an    sec!^!!." 
unseaworthy  state  that  the  life  of  any  person  is  likely  to  be 
thereby  endangered,  he  shall,  in  respect  of  each  offense,  be 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine 


222  BUREAU    OF   NAVIGATION 

not  to  exceed  one  thousand  dollars  or  I)}'  imprisonment  not 
to  exceed  live  years,  or  Ijoth.  at  the  discretion  of  the  court, 
unless  he  proves  that  either  he  used  all  reasonable  means 
to  insure  her  beinjc^  sent  to  sea  in  a  seaworthy  state,  or  that 
her  going  to  sea  in  an  unseaworthy  state  was,  under  the 
circumstances,  reasonable  and  justiiiable,  and  for  the  pur- 
poses of  giving  that  proof  he  may  give  evidcMice  in  the  same 
manner  as  any  other  witness.  [This  section  shall  not  upply 
to  fishing  or  whaling  vessels  or  yachts,  Dec.  21,  1898, 
Sec.  26. J 
Inspection   of     If  the  first  and  second  oflicers  under   the  master  or  a 

seaworthiness  at  •       -^  ■■    ^i  ,•  i  i  i 

domestic  ports,  majorit}"  OT  the  crew  of  any  vessel  bound  on  any  vo3'age 
Dec^shms.  shall,  before  the  vessel  shall  have  left  the  harbor,  discover 
(30  Stat.,  757.)  that  the  vessel  is  too  leaky  or  is  otherwise  unfit  in  her 
crew,  body,  tackle,  apparel,  furniture,  provisions,  or  stores 
to  proceed  on  the  intended  vo3"age,  and  shall  require  such 
unfitness  to  be  inquired  into,  the  master  shall,  upon  the 
request  of  the  first  and  second  oflicers  under  the  master  or 
such  majority  of  the  crew,  forthwith  appl}^  to  the  judge  of 
the  district  court  of  that  judicial  district,  if  he  shall  there 
reside,  or  if  not,  to  some  justice  of  the  peace  of  the  city, 
town,  or  place  for  the  appointment  of  surve^'ors,  as  in  sec- 
tion fort} -five  hundred  and  fifty-seven  provided,  taking 
with  him  two  or  more  of  the  crew  who  shall  have  made 
such  request;  and  any  master  refusing  or  neglecting  to 
comply  with  these  provisions  shall  be  liable  to  a  penalty 
of  five  hundred  dollars.  [This  section  shall  not  apply  to 
fishing  or  whaling  vessels  or^^achts — Dec.  21, 1898,  Sec.  26.] 
R.s.,h557.  The  judge,  or  justice,  in  a  domestic  port,  shall,  upon 

fso'staCfii.)  such  application  of  the  master  or  commander,  issue  his 
Sec.  s.  precept,  directed  to  three  persons  in  the  neighborhood,  the 

most  experienced  and  skillful  in  maritime  affairs  that  can 
be  procured;  and  whenever  such  complaint  is  about  the 
provisions  one  of  such  surveyors  shall  be  a  physician  or  a 
July  1, 1902.  surgeon  of  the  Public  Health  and  Marine  Hospital  Service, 
it  such  service  is  estal)lished  at  the  place  where  the  com- 
plaint is  made.  It  shall  be  the  duty  of  such  surve^'ors  to 
repair  on  board  such  vessel  and  to  examine  the  same  in 
respect  to  the  defects  and  insufficiencies  complained  of, 
and  make  reports  to  the  judge,  or  justice,  as  the  case  may 
be,  in  writing,  under  their  hands  or  the  hands  of  two  of 
them,  whether  in  any  or  in  what  respect  the  vessel  is  unfit 
to  proceed  on  the  intended  voj^age,  and  what  addition  of 
men,  provisions,  or  stores,  or  what  repairs  or  alterations 
in  the  body,  tackle,  or  apparel  will  be  necessary;  and  upon 
such  report  the  judge  or  justice  shall  adjudge  and  shall 
indorse  on  his  report  his  judgment  whether  the  vessel  is 
fit  to  proceed  on  the  intended  voyage,  and,  if  not,  whether 
such  repairs  can  ])e  made  or  deficiencies  supplied  where 
the  vessel  then  lies,  or  whether  it  is  necessary  for  her  to 
proceed  to  the  nearest  or  most  convenient  plac(^  where  such 
supplies  can  be  made  or  deficiencies  supplied;  and  the 
master  and  the  crew  shall,  in  all  things,  conform  to  the 


I  Stat..  712.) 


BUREAU    OF    NAVIGATION  223 

jiuluniciit.  'V\\o  iiijistoi'  or  coiiiinaiulor  sluiU,  in  the  first 
iiistiuu'c.  ]):iy  all  (lu^  costs  of  such  review,  report,  or  judg-- 
mcnt,  to  1)(^  taxed  and  allowed  on  a  fair  co])y  thereof,  cer- 
titiiMl  hy  the  judueor  justict".  l^iit  if  the  complaint  of  the 
crew  shall  a[)pear  upon  the  report  and  judonuMit  to  have 
heen  without  foundation,  the  master  or  connnandcr,  or  the 
owner  or  consignee  of  such  vessel,  shall  deduct  the  amount 
thereof,  and  of  reasonaldc  damao-es  for  the  detention,  to  be 
ascertained  l)v  the  judo-c  or  justice,  out  of  the  wages  of  the 
complainino-  seamen.  ("Fhis  section  sliall  not  apply  to  fish- 
iny-  or  whaling;-  vessels  or  yachts — Dec.  21,  1898,  Sec.  20.] 

If.  after  iudii-ment  that  such  vessel  is  tit  to  proceed  on  her    n-  •''•.  isss. 

•     .It  L'4.  •  1  '  •    •  Dec.  21,  1898. 

intended  voyage,  or  atter  i)rocurnig  sucli  men,  provisions,    (sostai.,  757.) 
stores,  repairs,  or  alterations  as  may  he  directed,  the  sea-    **^-^- 
men,  or  either  of  them,  shall  refuse  to  proceed  on  the  vo}'- 
Age,  he  shall  forfeit  an^'^  wages  that  may  bo  due  him.    [This 
section  shall  not  applv  to  fishing  or  whaling  vessels  or 
yachts— Dec.  21,  1898,^ Sec.  20.] 

r])on  a  complaint  in  writing,  sigfned  bv  the  first  or  sec-    in^'pection    of 
ond  officer  and  a  majority  of  the  crew  of  any  vessel  while  foreign  pons. 
in  a  foreign  port,  that  such  vessel  is  in  an  unsuitable  condi-    n'cc.'kif'ms. 
tion  to  go  to  sea  because  she  is  leaky  or  insufticienth"  sup-    '>^c''^if''^^^'^ 
plied  with  sails,  rig-ging,  anchors,  or  any  other  equipment, 
or  that  the  crew  is  insufficient  to  man  her,  or  that  her 
provisions,  stores,  and  supplies  are  not,  or  have  not  been 
during  the  voyage,  sufficient  and  wholesome;  thereupon, 
in  any  of  these  or  like  cases,  the  consul,  or  a  commercial 
agent  who  may  discharge  any  duties  of  a  consul,  shall  cause 
to  be  appointed  three  persons,  of  like  qualifications  with 
those  described  in  section  forty-five  hundred  and  fifty-seven, 
who  shall  proceed  to  examine  into  the  causes  of  complaint, 
and  they  shall  be  governed  in  all  their  proceedings  and 
proceed  as  provided  in  section  forty-five  hundred  and  fifty - 
seven.     [This  section  shall  not  apply  to  fishing  or  whaling 
vesselsor  yachts— Dec.  21,  1898,  Sec.  20.] 

The  inspectors  appointed  liy  any  consul  or  commercial  -R.  "?.,  ineo. 
agent,  in  pursuance  of  the  preceding"  section,  shall  have 
full  power  to  examine  the  vessel  and  whatever  is  aboard  of 
her,  so  far  as  is  pertinent  to  their  inquiry,  and  also  to  hear 
and  receive  any  other  proofs  which  the  ends  of  justice  may 
require;  and  if,  upon  a  view  of  the  whole  proceedings,  the 
consul  or  other  commercial  agent  is  satisfied  therewith,  he 
may  approve  the  whole  or  an}'  part  of  the  report,  and  shall 
certify  such  approval;  or  if  he  dissents,  he  shall  certif}^  his 
reasons  for  dissenting. 

The  inspectors  in  their  report  shall  also  state  whether  in  j,i,fg'4'''%s4 
their  opinion  the  vessel  was  sent  to  sea  unsuitably  provided  hs  stai.,  si.) 
in  any  important  or  essential  particular,  by  neglect  or  de-  nei^'h.  ms. 
sign,  or  through  mistake  or  accident;  and  in  case  it  was  by    i^o-'^tai.,  75s.) 

I        1.  1        •  1    J I  1  /n  /■  1         '''^C.  11. 

neglect.or  a(^sign,  antl  the  consular  otficer  approves  of  such 
tiiiding,  lie  shall  discharge  such  of  the  crew  as  request  it, 
and  shall  re((uire  the  payment  by  the  master  of  one  month's 
wages  for  each  seaman  over  and  above  the  wages  then  due, 
or  sufficient  moncv  for  the  return  of  such  of  the  crew  as 


224  BUREAU    OF   NAVIGATION 

desire  to  be  discharged  to  the  nearest  and  most  convenient 
port  of  the  United  States,  or  by  furnishing  the  seamen  who 
so  desire  to  be  discharged  with  emploj-ment  on  a  ship  agreed 
to  by  them.  But  if  in  the  opinion  of  the  inspectors  the 
defects  or  deficiencies  found  to  exist  have  been  the  result 
of  mistake  or  accident,  and  could  not,  in  the  exercise  of 
ordinary  care,  have  been  known  and  provided  against  be- 
fore the  sailing  of  the  vessel,  and  the  master  shall  in  a 
reasonable  time  remove  or  remedy  the  causes  of  complaint, 
then  the  crew  shall  remain  and  discharge  their  duty. 
[This  section  shall  not  apply  to  fishing  or  whaling  vessels 
or  yachts— Dec.  21,  1898,  Sec.  26.] 
R.s.,i562.  The  master  shall  pay  all  such  reasonable  charges  for 

inspection  under  such  complaint  as  shall  be  oflicially  certi- 
fied to  him  under  the  hand  of  the  consul  or  commercial 
agent;  but  in  case  the  inspectors  report  that  the  complaint 
is  without  any  good  and  sufiicient  cause,  the  master  may 
retain  from  the  wages  of  the  complainants,  in  proportion 
to  the  pay  of  each,  the  amount  of  such  charges,  with  such 
reasonable  damages  for  detention  on  that  account  as  the 
consul  or  commercial  agent  directing  the  inquiry  may  offi- 
cially certify. 
£.  s.,  1,563.  Every  master  who  refuses  to  pay  such  wages  and  charges 

shall  be  liable  to  each  person  injured  thereb}',  in  damages, 
to  be  recovered  in  any  court  of  the  United  States  in  the 
district  where  such  delinquent  may  reside  or  be  found,  and 
in  addition  thereto  be  punishable  by  a  fine  of  one  hundred 
dollars  for  each  offense. 
Provisions  and     Should  any  uiastcr  or  owner  of  any  merchant  vessel  of 
R.  s.,  u^eu.       the  United  States  neglect  to  provide  a  sufficient  quantity 
fso'siatfns.)  ^^  stores  to  last  for  a  voyage  of  ordinary  duration  to  the 
Sec.  12.  '         port  of  destination,  and  in  consequence  of  such  neglect  the 
crew  are  compelled  to  accept  a  reduced  scale,  such  master 
or  owner  shall  be  liable  to  a  penalty  as  provided  in  section 
forty-five  hundred  and  sixt3"-eight  of  the  Revised  Statutes. 
R.  s.,  1,565.  Any  three  or  more  of  the  crew  of  any  merchant- vessel  of 

the  United  States  bound  from  a  port  in  the  United  States 
to  any  foreign  port,  or  being  of  the  burden  of  sevent3^-tive 
tons  or  upward,  and  bound  from  a  port  on  the  Atlantic  to 
a  port  on  the  Pacific,  or  vice  versa,  may  complain  to  any 
officer  in  command  of  an}^  of  the  vessels  of  the  United  States 
Navy,  or  consular  officer  of  the  United  States,  or  shipping- 
commissioner  or  chief  officer  of  the  customs,  that  the  pro- 
visions or  water  for  the  use  of  the  crew  are,  at  any  time, 
of  bad  quality,  unfit  for  use,  or  deficient  in  quantity.  Such 
officer  shall  thereupon  examine  the  provisions  or  water,  or 
cause  them  to  be  examined;  and  if,  on  examination,  such 
provisions  or  water  are  found  to  be  of  bad  quality  and 
unfit  for  use,  or  to  })e  deficient  in  quantity,  the  person 
making  such  examination  shall  certify  the  same  in  writing 
to  the  master  of  the  ship.  If  such  master  does  not  there- 
upon provide  other  proper  provisions  or  water,  where  the 
same  can  he  had,  in  lieu  of  any  so  certified  to  be  of  a  bad 
quality  and  unfit  for  use,  or  does  not  procure  the  requisite 


BUREAU    OF    NAVIGATION  225 

(|ii:iiitity  of  tiiiy  so  cortitiod  to  l)o  insufficient  in  quantity, 
or  uses  any  provisions  or  water  Avhich  liave  ])ecn  so  eertilied 
as  afonvsaid  to  he  of  ))ad  quality  and  unfit  for  use,  ho  shall, 
in  every  such  case.  ))(>  liable  to  a  penalty  of  not  more  than 
one  hundivd  dollars;  and  upon  every  such  examination 
the  officers  making'  or  directin*;-  the  same  shall  enter  a  state- 
ment of  the  result  of  the  examination  in  the  lotr-book,  and 
shall  send  a  report  thereof  to  the  district  judge  for  the 
judicial  district  emhracino-  the  port  to  which  such  vessel 
is  hound;  and  such  I'eport  shall  he  received  in  evidence  in 
any  le.iial  proceedino"s. 

if  tlie  othcer  to  whom  any  such  complaint  in  regard  to  f/ec.'kfms. 
the  provisions  or  the  water  is  made  certifies  in  such  state-  (postal.,  758.) 
ment  that  there  was  no  reasonable  ground  for  such  com- 
plaint, each  of  the  parties  so  complaining  shall  forfeit  to 
the  master  or  owner  his  share  of  the  expense,  if  any,  of 
the  survey.  [This  section  shall  not  apply  to  fishing  or 
whaling  vessels  or  yachts — Dec.  21,  1898,  Sec.  2fi.] 

If  any  seamen,  while  on  board  any  vessel,  shall  state  to  ^'- •'>'•.  ^567. 
the  master  that  they  desire  to  make  complaint,  in  accord- 
ance with  the  two  preceding  sections,  in  regard  to  the  pro- 
visions or  the  water,  to  a  competent  officer,  against  the 
master,  the  master  shall,  if  the  vessel  is  then  at  a  place 
where  there  is  an}"  such  officer,  so  soon  as  the  service  of 
the  vessel  will  permit,  and  if  the  vessel  is  not  then  at  such 
a  place,  so  soon  after  her  first  arrival  at  such  place  as  the 
service  of  the  vessel  will  permit,  allow  such  seamen,  or 
any  of  them,  to  go  ashore,  or  shall  send  them  ashore,  in 
proper  custody,  so  that  they  may  be  enabled  to  make  such 
complaint;  and  shall,  in  default,  be  liable  to  a  penalt}'  of 
not  more  than  one  hundred  dollars. 

If,  during  a  voyage,  the  allowance  of  any  of  the  provi-  n'ec.'sfms. 
sions  which  any  seaman  is  entitled  to  under  section  forty-six  '^^o  sini,  75s.) 
hundred  and  twelve  of  the  Revised  Statutes  is  reduced 
except  for  any  time  during  Avhich  such  seaman  willfully 
and  without  sufficient  cause  refuses  or  neglects  to  perform 
his  duty,  or  is  lawfully  under  confinement  for  misconduct 
either  on  board  or  on  shore;  or  if  it  shall  be  shown  that 
any  of  such  provisions  are,  or  have  been  during  the  voy- 
age, bad  in  quality  or  unfit  for  use,  the  seamen  shall 
receive,  by  way  of  compensation  for  such  reduction  or  Imd 
(|uality,  according  to  the  time  of  its  continuance,  the  fol- 
lowing sums,  to  be  paid  to  him  in  addition  to  and  to  be 
recoverable  as  wages: 

First.  If  his  allowance  is  reduced  by  any  quantity  not 
exceeding  one-third  of  the  quantity  specified  by  law.  a  sum 
not  exceeding  fifty  cents  a  day. 

Second.  If  his  allowance  is  reduced  by  more  than  one- 
third  of  such  quantity,  a  sum  not  exceeding  one  dollar  a 
day. 

Third.  In  respect  to  bad  (piality,  a  sum  not  exceeding 
one  dollar  a  day. 

But  if  it  is  shown  to  the  satisfaction  of  the  court  before 
which  the  case  is  tried  that  any  provisions,  the  allowance 
27628—04 15 


226  BUKEAU    OF   NAVIGATION 

of  which  has  been  reduced,  could  not  be  procured  or  sup- 
plied in  sufficient  quantities,  or  were  unavoidabl}-  injured 
or  lost,  or  if  b}^  reason  of  its  innate  qualities  an}^  article 
becomes  unlit  for  use  and  that  proper  and  equivalent  substi- 
tutes were  supplied  in  lieu  thereof,  the  court  shall  take 
such  circumstances  into  consideration  and  shall  modify  or 
refuse  compensation,  as  the  justice  of  the  case  ma}"  require. 
[This  section  shall  not  apply  to  fishing  or  whaling  vessels 
or  yachts— Dec.  21,  ISDS,  Sec.  26.] 
weigiits  and      Evcry  master  shall  keep  on  board  proper  weights  and 

measures.  "      j?        xi  £  j    ..  •     •         /u  i--i-  j: 

R.  s.,  U571.  measures  tor  the  purpose  of  determinmg  the  quantities  or 
the  several  provisions  and  articles  served  out,  and  shall 
allow  the  same  to  be  used  at  the  time  of  serving  out  such 
provisions  and  articles,  in  the  presence  of  a  witness,  when- 
ever any  dispute  arises  about  such  quantities,  and  in  default 
shall,  for  every  offense,  be  liable  to  a  ]3enalt3'  of  not  more 
than  tifty  dollars. 
Medicines  and  Evcry  vcsscl  belonging  to  a  citizen  of  the  United  States, 
R.  's.,  1,569.  ))Ound  from  a  port  in  the  United  States  to  an}"  foreign  port, 
or  being  of  the  burden  of  seventy-five  tons  or  upward,  and 
bound  from  a  port  on  the  Atlantic  to  a  port  on  the  Pacific, 
or  vice  versa,  shall  be  provided  with  a  chest  of  medicines; 
and  every  sailing-vessel  bound  on  a  voyage  across  the 
Atlantic  or  Pacific  Ocean,  or  around  Cape  Horn,  or  the 
Cape  of  Good  Hope,  or  engaged  in  the  whale  or  other  fish- 
eries, or  in  sealing,  shall  also  be  provided  with,  and  cause 
to  be  kept,  a  sufficient  quantity  of  lime  or  lemon  juice, 
and  also  sugar  and  vinegar,  or  other  anti-scorbutics,  to  be 
served  out  to  every  seaman  as  follows:  The  master  of 
every  such  vessel  shall  serve  the  lime  or  lemon  juice,  and 
sugar  and  vinegar,  to  the  crew,  within  ten  days  after  salt 
provisions  mainly  have  been  served  out  to  the  crew,  and 
so  long  afterward  as  such  consumption  of  salt  provisions 
continues;  the  lime  or  lemon  juice  and  sugar  daily  at  the 
.  rate  of  half  an  ounce  each  per  day;  and  the  vinegar  weekly, 
at  the  rate  of  half  a  pint  per  week  for  each  member  of  the 
crew. 
R°s'^iM9'  Every  such  vessel  except  vessels  engaged  in  the  whaling 

June  26,  im.  or  fishing  business  shall  also  be  provided  with  a  slop-chest, 
^ec^if.''^^'^  which  shall  contain  a  complement  of  clothing  for  the  in- 
tended voyage  for  each  seaman  employed,  including  boots 
isustai ^st^i  ^^'  shoes,  hats  or  caps,  under  clothing  and  outer  clothing, 
Sec.is."  oiled  clothing,  and  everything  necessary  for  the  wear  of  a 

seaman;  also  a  full  supply  of  tobacco  and  blankets.  Any 
of  the  contents  of  the  slop  chest  shall  l)e  sold,  from  time  to 
time,  to  any  or  every  seaman  applying  therefor,  for  his 
<own  use,  at  a  profit  not  exceeding  ten  per  centum  of  the 
reasonable  wholesale  value  of  the  same  at  the  port  at  which 
the  voyage  commenced.  And  if  any  such  vessel  is  not  pro- 
vided, before  sailing,  as  herein  required,  the  owner  shall 
be  liable  to  a  penalty  of  not  more  than  five  hundred  dollars. 
The  provisions  of  this  section  shall  not  apply  to  vessels 
plying  between  the  United  States  and  the  Dominion  of 


BUKEAU    OF    NAVIGATION  227 

Canada,  Xowfouiulhind,  the  Bermuda  Islands,  the  Bahama 
Islands,  tlio  West  Indies,  Mexico  and  Central  America. 

If,  on  any  such  vessel,  such  inedicines,  medictil  stores,  ii.s.,i,57o. 
lime  or  lemon  juice,  or  t)ther  articles,  sugar,  and  vinej^ar, 
as  arc  rctiuircd  l>y  the  preceding  section,  are  not  pro\ided 
and  kept  on  board,  as  retiuin^d,  the  master  or  owner  shall 
he  liable  to  a  penalty  of  not  more  than  five  hundred  dol- 
lars; and  if  the  master  of  any  such  vessel  neglects  to  servo 
out  the  lime  or  lemon  juice,  and  sugar  and  vinegar  in  the 
case  and  manner  directed,  he  shall  for  each  such  oti'ense  be 
liable  to  a  Y)enalty  of  not  more  than  one  hundred  dollars; 
and  if  any  master  is  convicted  in  either  of  the  oti'enses  men- 
tioned in  this  st'ction,  and  it  appeal's  that  the  oti'ense  is 
owing  to  the  ai-t  or  default  of  the  owner,  such  master  mav 
recover  the  amount  of  such  penalty,  and  the  costs  incurred 
by  him,  from  the  owner. 

Every  vessel  bound  on  anv  foreign  voyage  exceeding  in    warmth  in 
length  fourteen  days  shall  also  l)e  provided  with  at  least  ^^J' i?::^S|'-- 
one  suit  of  woolen  clothing  for  each  seaman,  and  every    /''J;;;';  ^fjy\ 
vessel  in  the  foreign  or  domestic  trade  shall  provided  a  safe    .^■ce.'js."  ' 
and  warm  room  for  the  use  of  seamen  in  cold  weather. 
Failure  to  make  such  provision  shall  subject  the  owner  or 
master  to  a  penalty  of  not  less  than  one  hundred  dollars. 
[This  section  shall  not  applv  to  fishing  or  whaling  vessels  or 
yach.ts— Dec.  21, 1898,  ISec.  20.]  _ 

Every  vessel  making  voyages  from  a  port  in  the  United  Log-book. 
States  to  any  foreign  port,  or  being  of  the  burden  of  sev-  ^'''  '^•'  ''^^'^■ 
enty-tive  tons,  or  upward,  from  a  port  on  the  Atlantic  to  a 
port  on  the  Pacific,  or  vice  versa,  shall  have  an  official  log- 
l)ook;  and  every  master  of  such  vessel  shall  make,  or  cause 
to  be  made  therein,  enterics  of  the  following  matters,  that 
is  to  say: 

Fi  rst.  E ver V  legal  conviction  of  any  member  of  his  crew, 
and  the  punishment  inflicted. 

Second.  Every  offense  connnitted  b\'  any  member  of  his 
crew  for  which  it  is  intended  to  prosecute,  or  to  enforce  a 
forfeiture,  together  with  such  statement  concerning  the 
reading  over  such  entr3%  and  concerning  the  reply,  if  any, 
made  to  the  charge,  as  if  required  hy  the  provisions  of 
section  forty-tive  hundred  and  ninety-seven. 

Third.  Every  offense  for  which  punishment  is  inflicted 
on  board,  and  the  punishment  inflicted. 

Fourth.  A  statement  of  the  conduct,  character,  and 
(jnaliflcations  of  each  of  his  crew;  or  a  statement  that  he 
cli'clines  to  give  an  opinion  of  such  particulars. 

Fifth.  Every  case  of  illness  or  injury  happening  to  an}^ 
niomber  of  the  crew,  with  the  nature  thereof,  and  the  med- 
ical treatment. 

Sixth.  Every  case  of  death  happening  on  l)oard.  with 
the  cause  thereof. 

Sev(Mith.  Every  birth  happening  on  board,  with  the  sex 
of  the  infant,  and  the  names  of  the  parents. 

Eighth.  Every  marriage  taking  place  on  board,  with 
the  names  and  ages  of  the  parties. 


228  BUKEAU    OF   NAVIGATION 

Ninth.  The  name  of  every  seaman  or  apprentice  who 
ceases  to  ))e  a  member  of  the  crew  otherwise  than  by  death, 
with  the  place,  time,  manner,  and  cause  thereof. 

Tenth.  The  wages  due  to  any  seaman  or  apprentice  who 
dies  during  the  voyage,  and  the  gross  amount  of  all  deduc- 
tions to  ])e  made  therefrom. 

Eleventh.  The  sale  of  the  effects  of  any  seaman  or  ap- 
prentice who  dies  during  the  voyage,  including  a  statement 
of  each  article  sold,  and  the  sum  received  for  it. 

fsi'slat^^'^f)  Twelfth.  In  every  case  of  collision  in  which  it  is  prac- 
ticable so  to  do,  the  master  shall,  immediately  after  the 
occurrence,  cause  a  statement  thereof,  and  of  the  circum- 
stances under  which  the  same  occurred,  to  be  entered  in 
the  official  log  ])ook.  Such  entry  shall  be  made  in  the 
manner  prescribed  in  section  forty-two  hundred  and 
ninety -one,  and  failure  to  make  such  entry  shall  subject 
the  offender  to  the  penalties  prescribed  by  section  forty- 
two  hundred  and  ninety-two. 

R.S.,  1,291.  Every  entry  hereby  required  to  be  made  in  the  official 

log-book  shall  l)e  signed  by  the  master  and])y  the  mate,  or 
some  other  one  of  the  crew,  and  every  entry  in  the  official 
log-book  shall  ))e  made  as  soon  as  possible  after  the  occur- 
rence to  which  it  relates,  and,  if  not  made  on  the  same  day 
as  the  occuri"ence  to  which  it  relates,  shall  be  made  iind 
dated  so  as  to  show  the  date  of  the  occurrence,  and  of  the 
entry  respecting  it;  and  in  no  case  shall  any  entry  therein, 
in  respect  of  any  occurrence  happening  previousl}^  to  the 
arrival  of  the  vessel  at  her  final  port,  be  made  more  than 
twenty-four  hours  after  such  ari'ival. 

R.  s.,  i292.  2f  in  any  case  the  official  log-book  is  not  kept  in  the  man- 

ner herel)y  required,  or  if  any  entry  hereby  directed  to  l)e 
made  in  any  such  log-book  is  not  made  at  the  time  and  in 
the  manner  hereb}^  directed,  the  master  shall,  for  each  such 
offense,  be  liable  to  a  penalty  of  not  more  than  twent}- live 
dollars;  and  every  person  who  makes,  or  procures  to  be 
made,  or  assists  in  making,  any  entry  in  any  official  log- 
book in  respect  of  any  occurrence  happening  previously  to 
the  arrival  of  the  vessel  at  her  tinal  port  of  discharge,  more 
than  twenty-four  hours  after  such  arrival,  shall,  for  each 
offense,  be  liable  to  a  penalty  of  not  more  than  one  hundred 
and  fifty  dollars. 

LIABILITY   OF    OWNP^RS,  MASTERS,  AND    SHIPPP^RS 

If  an}'  shipper  of  platina,  gold,  gold  dust,  silver,  bul- 
owiiers,'ma*sLr''s^  lio"i  or  othcr  prccious  mctals,  coins,  jewelry,  bills  of  any 
and  shippers,      bank  or  pu})lic  body,  diamonds,  or  other  precious  stones, 
"   ■'  ~   ■       or  any  gold  or  silver  in  a  manufactured  or  unmanufac- 
tured state,  watches,  clocks,  or  time  pieces  of  any  descrip- 
tion, trinkets,  orders,  notes,  or  securities  for  payment  of 
money,   stamps,   maps,   writings,    title-deeds,    printings, 
engravings,  pictures,  gold  or  silver  plate  or  plated  articles, 
glass,  china,  silks  in  a  manufactured  or  unmanufactured 


BUREAU    OF    NAVIGATION  229 

stiite,  and  whotlior  wrought  up  or  not  wrouoht  up  Avith 
any  other  material,  furs,  oi-  hu-o,  or  any  of  them,  contained 
ill  anv  ])ar('el.  or  paeka«i(\  or  truid-c,  shall  lade  the  same  as 
freiuht  or  haiiuaii'e,  on  any  vessel,  without  at  the  time  of 
such  ladin«>-  »ii\inii-  to  the  master,  clerk,  a»;ent,  or  owner 
of  such  vessel  receivino"  the  same  a  written  notice  of  the 
true  character  and  value  thereof,  and  having  the  saitie 
entered  on  the  bill  of  lading  tlierefor,  the  master  and 
owner  of  such  vessel  shall  not  be  liable  as  carriers  thereof 
in  any  form  or  manner;  nor  shall  any  such  master  or 
owner  be  lia))le  for  any  such  goods  l)eyond  the  value  and 
according  to  the  character  thereof  so  notified  and  entered. 

No  owner  of  any  vessel  shall  ])e  liable  to  answer  for  or  Ji-^-''*^^^- 
make  good  to  any  person  any  loss  or  damage  which  may 
happen  to  any  merchandise  whatsoever,  which  shall  be 
shipped,  taken  in,  or  put  on  board  any  such  vessel,  by 
reason  or  by  means  of  an}-  tire  happening  to  or  on  board 
the  vessel,  unless  such  lire  is  caused  by  the  design  or 
neglect  of  such  owner. 

The  liability  of  the  owner  of  any  vessel,  for  any  embez-  R.^.,i.zss. 
zlement,  loss,  or  destruction,  l)y  any  person,  of  any  prop- 
erty, goods,  or  merchandise,  shipped  or  put  on  board  of 
such  vessel,  or  for  any  loss,  damage,  or  injury  by  collision, 
or  for  any  act,  matter,  or  thing,  lost,  damage,  or  forfeiture, 
done,  occasioned,  or  incurred,  without  the  privity  or  knowl- 
edge of  such  owner  or  owners,  shall  in  no  case  exceed  the 
amount  or  value  of  the  interest  of  such  owner  in  such 
vessel,  and  her  freight  then  pending. 

Whenever  any  such  embezzlement,  loss,  or  destruction  R.s.,i,&%. 
issuH'ered  by  several  freighters  or  owners  of  goods,  wares, 
merchandise,  or  any  property  whatever,  on  the  same  voy- 
age, and  the  whole  value  of  the  vessel,  and  her  freight  for 
the  voyage,  is  not  sufficient  to  make  compensation  to  each 
of  them,  they  shall  receive  compensation  from  the  owner 
of  the  vessel,  in  proportion  to  their  respective  losses;  and 
for  that  purpose  the  freighters  and  owners  of  the  prop- 
erty, and  the  owner  of  the  vessel,  or  an}"  of  them,  may 
take  the  appropriate  proceedings  in  any  court,  for  the 
purpose  of  apportioning  the  sum  for  which  the  owner  of 
the  vessel  may  be  liable  among  the  parties  entitled  thereto. 

It  shall  be  deemed  a  sufficient  compliance  on  the  part  of  R-  '*<■.  -s^ss. 
such  owner  with  the  requirements  of  this  Title  [R.  S., 
4131-430.')]  i-elating  to  his  liability  for  any  embezzlement, 
loss,  or  destruction  of  any  property,  goods,  or  merchan- 
dise, if  he  shall  transfer  his  interest  in  such  vessel  and 
freight,  for  the  benefit  of  such  claimants,  to  a  trustee,  to 
be  appointed  by  any  court  of  competent  jurisdiction,  to 
act  as  such  trustee  for  the  person  who  may  prove  to  be 
legally  entitled  thereto;  from  and  after  which  transfer  all 
claims  and  proceedings  against  the  owner  shall  cease. 

The  charterer  of  any  vessel,  in  case  he  shall  man,  vict-    n.^-^um. 
ual,  and  navigate  such  vessel  at  his  own  expense,  or  by 
his  own  procurement,  shall  be  deemed  the  owner  of  such 
vessel  within  the  meaning  of  the  provisions  of  this  Title 


23U  BUREAU    OF   NAVIGATION 

[R.  S.,  4131-43(»ri]  relating-  to  the  limitation  of  the  liability 
of  the  owners  of  vessels;  and  such  vessel,  when  so  char- 
tered, shall  be  liable  in  the  same  manner  as  if  navigated 
by  the  owner  thereof. 

R.s.,h28i.  Nothing-  in  the  five  preceding  sections  shall  be   con- 

strued to  take  away  or  aifect  the  remedy  to  which  any 
party  ma}'  be  entitled,  against  the  master,  officers,  or  sea- 
men, for  or  on  account  of  any  embezzlement,  injury,  loss, 
or  destruction  of  merchandise,  or  propertv,  pnt  on  board 
any  vessel,  or  on  account  of  any  neglig'ence,  fraud,  or  other 
malversation  of  such  master,  officers,  or  seamen,  respec- 
tively, nor  to  lessen  or  take  away  any  responsibility  to 
which  any  master  or  seaman  of  any  vessel  ma}^  b}'  law  be 
liable,  notwithstanding-  such  master  or  seaman  may  be  an 
owner  or  part  owner  of  the  vessel. 

R.  s.,  U2SS.  ^,^y  person  shipping  oil  of  vitriol,  unslacked lime,  inflam- 

mable matches,  or  gunpowder,  in  a  vessel  taking  cargo 
for  divers  persons  on  freight,  without  delivering,  at  the 
time  of  shipment,  a  note  in  writing,  expressing-  the  nature 
and  character  of  such  merchandise,  to  the  master,  mate, 

Junei9,iss6.    officcr,  or  persou  in  charge  of  the  lading  of  the  vessel, 

sec.^l"''"  ^^i.  shall  be  liable  to  the  United  States  in  a  penalt}-  of  one 
thousand  dollars. 

fss^at.lsi^)        ^^^^^  individual  liability  of  a  ship-owner,  shall  be  limited 

Bee.  IS.  '  to  the  proportion  of  any  or  all  debts  and  liabilities  that 
his  individual  share  of  the  vessel  l)ears  to  the  whole;  and 
the  aggregate  liabilities  of  all  the  owners  of  a  vessel  on 
account  of  the  same  shall  not  exceed  the  value  of  such  ves- 
sel and  freight  pending:  Provided^  That  this  provision 
shall  not  affect  the  liability  of  any  owner  incurred  previous 
to  the  passage  of  this  act,  nor  prevent  any  claimant  from 
joining  all  the  owners  in  one  action;  nor  shall  the  same 
apply  to  wages  due  to  persons  emplo3^ed  by  said  ship- 
owners. 

R.s.i289.  The  provisions  of  the  seven  precedinsr  sections,  and  of 

Junel9,lSS6.  i  •       ^    •    1  .  J-  J.        j.-i.i     1   LL  a  j.  j. 

(u  Stat.,  SO.)  section  eighteen  of  an  act  entitled  An  act  to  remove  cer- 
*'^'^'  '''■  tain  burdens  on  the  American  merchant  marine  and  en- 

courage the  American  foreign  carrying-trade,  and  for 
other  purposes,"  approved  June  twenty-sixth,  eighteen 
hundred  and  eightv-four,  relating  to  the  limitations  of  the 
liability  of  the  owners  of  vessels,  shall  apply  to  all  sea- 
going vessels,  and  also  to  all  vessels  used  on  lakes  or  rivers 
or  in  inland  navigation,  including  canal-boats,  barges,  and 
lighters. 
Liability  of     It  shall  not  be  lawful  for  the  manager,  agent,  master  or 

masters,  etc.  j^  i   ,  ,  •  i         i-  i 

(HarterAct.)  owucr  ot  any  vessel  transporting  merchandise  or  proj^erty 
fsi'stai^fhs)  fi'om  or  between  ports  of  the  United  States  and  foreign 
-Sec.  i.  '  ports  to  insert  in  any  bill  of  lading  or  shipping  document 

any  clause,  covenant,  or  agreement  whereby  it,  he,  or  they 
shall  ])e  relieved  from  liability  for  loss  or  damage  arising 
from  negligence,  fault,  or  failure  in  proper  loading, 
stowage,  custody,  care,  or  proper  dcliveiy  of  any  and  all 
lawful  merchandise  or  property  committed  to  its  or  their 


Sec.  S. 


BTTREAU    OF    NAVIGATION  231 

charo'e.  An}"  and  all  words  or  clauses  of  such  import 
inserted  in  l)ills  of  ladino-  or  shipping-  receipts  shall  be  nvdl 
and  void  and  of  no  eti'ect. 

It  shall  not  be  lawful  for  any  vessel  transporting  mer-  '"''"''•  -• 
chandise  or  property  from  or  between  ports  of  the  United 
States  of  America  and  foreign  ports,  her  owner,  master, 
agent  or  manager  to  insert  in  an}'  bill  of  lading  or  ship- 
ping document  any  covenant  or  agreement  whereby  the 
obligations  of  the  owner  or  owners  of  said  vessel  to  exer- 
cise due  diligence,  properly  equip,  man,  provision,  and 
outfit  said  vessel,  and  to  make  said  vessel  seaworthy  and 
capable  of  performing  her  intended  voyage,  or  whereby 
the  obligations  of  the  master,  officers,  agents,  or  servants 
to  carefully  handle  and  stow  her  cargo  and  to  care  for  and 
properly  deliver  same,  shall  in  any  wise  be  lessened,  weak- 
ened, or  avoided. 

If  the  owner  of  any  vessel  transporting  merchandise  or 
property  to  or  from  any  port  in  the  United  States  of 
America  shall  exercise  due  diligence  to  make  the  said 
vessel  in  all  respects  seaworthy  and  properl}"  manned, 
equipped,  and  supplied,  neither  the  vessel,  or  owners, 
agent,  or  charterers  shall  become  or  be  held  responsible 
for  damage  or  loss  resulting  from  faults  or  errors  in  nav- 
igation or  in  the  management  of  said  vessel,  nor  shall  the 
vessel,  her  owner  or  owners,  charterers,  agent,  or  master, 
be  held  liable  for  losses  arising  from  dangers  of  the  sea  or 
other  navigable  waters,  acts  of  God,  or  public  enemies,  or 
the  inherent  defect,  quality,  or  vice  of  the  thing  carried, 
or  from  insufficiency  of  package,  or  seizure  under^  legal 
process,  or  for  loss  resulting  from  any  act  or  omission  of 
the  shipper  or  owner  of  the  goods,  his  agent  or  representa- 
tive, or  from  saving  or  attempting  to  save  life  or  property 
at  sea,  or  from  any  deviation  in  rendering  such  service. 

It  shall  be  the  duty  of  the  owner  or  owners,  masters,  or 
agent  of  any  vessel  transporting  merchandise  or  property 
from  or  between  ports  of  the  United  States  and  foreign 
ports  to  issue  to  shippers  of  any  lawful  merchandise  a  bill 
of  lading,  or  shipping  document,  stating,  among  other 
things,  the  marks  necessary  for  identification,  number  of 
packages,  or  quantit}^  stating  whether  it  be  carrier's  or 
shipper's  weight,  and  apparent  order  or  condition  of  such 
merchandise  or  property  delivered  to  and  received  by  the 
owner,  master,  or  agent  of  the  vessel  for  transportation, 
and  such  document  shall  be  prima  facie  evidence  of  the 
receipt  of  the  merchandise  therein  described. 

For  a  violation  of  any  of  the  provisions  of  this  act  the 
agent,  owner,  or  master  of  the  vessel  guilty  of  such  viola- 
tion, and  who  refuses  to  issue  on  demand  the  bill  of  lading 
herein  provided  for,  shall  be  liable  to  a  fine  not  exceeding 
two  thousand  dollars.  The  amount  of  the  fine  and  costs 
for  such  violation  shall  be  a  lien  upon  the  vessel,  whose 
agent,  owner,  or  master  is  guilty  of  such  violation,  and 
such  vessel  may  be  libeled  therefor  in  any  district  court  of 
the  United  States,  within  whose  jurisdiction  the  vessel  may 
be  found.     One-half  of  such  penalty  shall  go  to  the  party 


Sec.  U. 


Sec.  5. 


232  BUEEAU    OF   NAVIGATIOlsr 

injured  by  such  violation  and  the  remainder  to  the  Govern- 
ment of  the  United  States. 

Sec.  6.  This  act  shall  not  be  held  to  modify  or  repeal  sections 

forty-two  hundred  and  eio'hty-one,  forty-two  hundred  and 
eig-hty-two,  and  forty-two  hundred  and  eighty-three  of  the 
Revised  Statutes  of  the  United  States,  or  any  other  statute 
defining-  the  liability  of  vessels,  their  owners,  or  represent- 
atives. 

Sec.  7.  Sections  one  and  four  of  this  act  shall  not  apply  to  the 

transportation  of  live  animals. 

General  libel  When  a  Warrant  of  arrest  or  other  process  in  rem  is 
^'jR.'s.,  Mi.        issued  in  any  cause  of  admiralty  jurisdiction,  except  in 

fsT'sta/^fsh  )  ^^'^^^  of  seizures  for  forfeiture  under  any  law  of  the  United 
States,  the  marshal  shall  stay  the  execution  of  such  proc- 
ess, or  discharge  the  property  arrested  if  the  process  has 
been  levied,  on  receiving  from  the  claimant  of  the  prop- 
erty a  bond  or  stipulation  in  double  the  amount  claimed 
by  the  libelant,  with  sufhcient  surety,  to  be  approved  by 
the  judge  of  the  court  where  the  cause  is  pending,  or,  in 
his  absence,  by  the  collector  of  the  port,  conditioned  to 
answ^er  the  decree  of  the  court  in  such  cause.  Such  bond 
or  stipulation  shall  be  returned  to  the  court,  and  judge- 
ment thereon,  against  both  the  principal  and  sureties,  may 
be  recovered  at  the  time  of  rendering-  the  decree  in  the 
original  cause.  And  the  owner  of  any  vessel  ma}"  cause 
to  be  executed  and  delivered  to  the  marshal  a  bond  or 
stipulation,  with  sufficient  surety,  to  be  approved  by  the 
judge  of  the  court  in  which  he  is  marshal,  conditioned  to 
answer  the  decree  of  said  court  in  all  or  any  cases  that 
shall  thereafter  be  brought  in  said  court  against  the  said 
vessel,  and  thereupon  the  execution  of  all  such  process 
against  said  vessel  shall  be  stayed  so  long  as  the  amount 
secured  by  such  bond  or  stipulation  shall  be  at  least  double 
the  aggregate  amount  claimed  by  the  libelants  in  such 
suits  which  shall  be  begun  and  pending  against  said  vessel; 
and  like  judgments  and  remedies  may  be  had  on  said  bond 
or  stipulation  as  if  a  special  bond  or  stipulation  had  been 
filed  in  each  of  said  suits.  The  court  may  make  such 
orders  as  may  be  necessary  to  carry  this  section  into  effect, 
and  especially  for  the  giving-  of  proper  notice  of  any  such 
suit.  Such  bond  or  stipulation  shall  be  indorsed  by  the 
clerk  with  a  minute  of  the  suits  wherein  process  is  so 
stayed,  and  further  securit}^  ma}"  at  any  time  be  required 
by  the  court.  If  a  special  bond  or  stipulation  in  the  par- 
ticular cause  shall  be  given  under  this  section,  the  liability 
as  to  said  cause  on  the  general  bond  or  stipulation  shall 
cease. 

TONNAGE    TAX 

Rat|sof^tax.  Nothing  contained  in  this  Title  [R.  S. ,  4131-4305]  shall 
be  deemed  in  anywise  to  impair  any  rights  and  privileges 
which  have  been  or  may  be  acquired  by  any  foreign  nation 
under  the  laws  and  treaties  of  the  United  States  relative 


BUREAU    OF    NAVIGATION  233 

to  the  duty  on  toimaiLi'i'  <>t   vessels,  or  any  other  diit^'  on 
vessels. 

In  lieu  of  thv  tax  on  tonnaj^e  of  thirty  eents  per  ton  per    ii.s.,.',^'i'j. 
atuuini  inipost'd  prioi- to  fluly  lirst,  ei«;hteen  hundred  and    '''!',"su/,' ''^'^\' 
(Mii'hty-four.ti  dnty  of  lhi-*'e  t'ciits  ])er  ton,  not  to  exceed  in    >'<■•  ''<•  ' 
the  a*i',L;n\u:ite  litteen  eents  per  ton  in   any  one  3'ear,  is    \['l"sint'..'si.') 
herel)y  imposed  at  eaeh  entr^^  on  all  vessels  which  shall  be    •^"-  '■ 
entered  in  any  port  of  the  United  States  from  any  foreign 
]H)rt  or  ])lace  in  North  America,  Central  America,  the  West 
India  Islands,  the  Bahama  Islands,  the  Bernuida  Islands, 
or  the  coast  of  South  America  borderino-  on  the  Carib])ean    Apr.  so,  moo. 
Sea,  or  Newfoundland;  and  a  duty  of  six  cents  per  ton,    (•'^i^t<^t.,ir,i.) 
not  to  exceed  thirty  cents  per  ton  per  annum,  is  hereb}' 
imposed  at  each  entry  upon  all  vessels  which  shall  be  en- 
tered in  the  United  States  from  any  other  foreign  ports, 
not,  however,  to  include  vessels  in  distress  or  not  engaged    Feh.  6,  is97. 

.      /       1  ■  '^    '^  (29  Slat.,  511.) 

m  trade. 

The   expense   of   maintaininp-  the   Public   Health   and    Junc26,i><si,. 
Marine  Hospital  Service  shall  hereafter  be  borne  b}^  the    liedis." 
United  States  out  of  receipts  for  duties  on  tonnage  pro- 
vided for  by  this  Act;  and  so  much  thereof  as  may  be 
necessarv  is  herebv  appropriated  for  that  purpose. 

The  President  of  the  United  States  shall  suspend  the,  ^-^^'»pt'onfi 

.  ,  I'll  1  •       •  r  from    t  o  ii  n  a  g  e 

collection  ot  so  much  of  the  duty  herein  imposed,  on  ves-tax. 
sels  entered  from  any  foreign  port,  as  may  be  in  excess  of    junei9~,^im. 
the  tonnage  and  light-house  dues,  or  other  equivalent  tax    ^^g'^jf'*^"^ 
or  taxes,  imposed  in  said  port  on  American  vessels  b}"  the 
government  of  the  foreign  country  in  which  such  port  is 
situated,  and  shall,  upon  the  passage  of  this  act,  and  from 
time  to  time  thereafter  as  often  as  it  may  become  necessary 
by  reason  of  changes  in  the  laws  of  the  foreign  countries 
above  mentioned,  indicate  by  proclamation  the  ports  to 
which  such  suspension  shall  apph^  and  the  rate  or  rates 
of  tonnage-duty,  if  any,  to  ])Q  collected  under  such  suspen- 
sion: Prortdt'd^  further.  That   such    proclamation    shall 
exclude  from  the  benefits  of  the  suspension  herein  author- 
ized the  vessels  of  any  foreign  country  in  whose  ports  the 
fees  or  dues  of  any  kind  or  nature  imposed  on  vessels  of 
the  United  States,  or  the  import  or  export  duties  on  their 
cargoes,  are  in  excess  of  the  fees,  dues,  or  duties  imposed    Apr.  u,  isss. 
on  the  vessels  of  such  country,  or  on  the  cargoes  of  such    (-•'  ''''^"'-  *"•) 
vessels. 

But  this  proviso  shall  not  be  held  to  be  inconsistent  with 
the  special  regulation  by  foreign  countries  of  duties  and 
other  charges  on  their  own  vessels,  and  the  cargoes  thereof, 
engaged  in  their  coasting  trade,  or  with  the  existence 
between  such  countries  and  other  states  of  reciprocal  stipu- 
lations founded  on  special  conditions  and  equivalents,  and 
thus  iKjt  within  the  treatment  of  American  vessels  under 
the  most- favored  nation  clause  in  treaties  between  the 
United  States  and  such  countries. 

That  the  President  be.  and  herebv  is,  directed  to  cause  the    {}fri3  ■'ff^- 
ijroveriunents  of  foreign  countries  which,  at  any  ot  their    see.  12. 
ports,  impose  on  American  vessels  a  tonnage-tax  or  light- 


234  BUREAU    OF    NAVIGATIOJSr 

house  dues,  or  other  equivalent  tax  or  taxes,  or  any  other 
fees,  charges,  or  dues,  to  ])e  informed  of  the  provisions  of 
the  preceding-  section,  and  invited  to  co-operate  with  the 
Government  of  the  ITnited  States  in  al)olishino-  all  light- 
house dues,  tonnage-taxes,  or  other  equivalent  tax  or  taxes 
on,  and  also  all  other  fees  for  official  services  to,  the  ves- 
sels of  the  respective  nations  emploj^edin  the  trade  between 
the  ports  of  such  foreign  country  and  the  ports  of  the 
United  States. 

B.  .s.,  ^220.  No  vessel  belonging  to  any  citizen  of  the  United  States, 

trading  from  one  port  within  the  United  States  to  another 
port  within  the  United  States,  or  employed  in  the  bank, 
whale,  or  other  fisheries,  shall  be  subject  to  tonnage  tax 
or  duty,  if  such  vessel  be  licensed,  registered  or  enrolled. 

R.  s.,  /,22i.  In  cases  of  vessels  making  regular  daily  trips  between 

any  port  of  the  United  States  and  any  port  in  the  Domin- 
ion of  Canada,  wholly  upon  interior  waters  not  navigable 
to  the  ocean,  no  tonnage  or  clearance  fees  shall  be  charged 
against  such  vessel  by  the  officers  of  the  United  States, 
except  upon  the  tirst  clearing  of  such  vessel  in  each  year. 

i?.  5.,  i2.?f.  The  mail  steamships  emplo^^ed  in  the  mail  service  be- 

tween the  United  States  and  Brazil  shall  be  exempt  from 
all  port-charges  and  custom-house  dues  at  the  port  of  de- 
parture and  arrival  in  the  United  States  if,  and  so  long 
as,  a  similar  immunity  from  port-charges  and  custom-house 
dues  is  granted  by  the  government  of  Brazil. 

Discriminating      Upou  Satisfactory  proof  being  given  to  the  President, 

a.  s.,  422S.  '  by  the  government  of  any  foreign  nation,  that  no  discrimi- 
nating duties  of  tonnage  or  imposts  are  imposed  or  levied 
in  the  ports  of  such  nation  upon  vessels  wholly  belonging 
to  citizens  of  the  United  States,  or  upon  the  produce,  manu- 
factures, or  merchandise  imported  in  the  same  from  the 
United  States  or  from  any  foreign  country,  the  President 
may  issue  his  proclamation,  declaring  that  the  foreign  dis- 
criminating duties  of  tonnage  and  impost  w^ithin  the  United 
States  are  suspended  and  discontinued,  so  far  as  respects  the 
vessels  of  such  foreign  nation,  and  the  produce,  manufac- 
tures, or  merchandise  imported  into  the  United  States  from 
such  foreign  nation,  or  from  an}^  other  foreign  country; 
the  suspension  to  take  efl'ect  from  the  time  of  such  notiti- 
cation  being  given  to  the  President,  and  to  continue  so  long 
as  the  reciprocal  exemption  of  vessels,  belonging  to  citizens 
of  the  United  States,  and  their  cargoes,  shall  be  continued, 
and  no  longer. 

Julys/,,  1S97  Provided,  That  the  President  is  authorized  to  suspend  in 
part  the  operation  of  sections  forty -two  hundred  and  nine- 
teen and  twenty-five  hundred  and  two  so  that  foreign  ves- 
sels froma  country  imposing-partial  discriminating  tonnage 
duties  upon  American  vessels,  or  partial  discrimintiting 
import  duties  upon  American  merchandise,  may  enjoy  in 
our  ports  the  identical  privileges  which  the  same  class  of 
American  vessels  and  merchandise  may  enjoy  in  said  for- 
eign country. 


(SO'Stat.,  2U.) 


BUREAU    OF    NAVIGATION  235 

No  other  or  higher  i-ato  of  duties  shall  be  imposed  or  eol     ^-  ^-  ■'^^^• 
KM'ted  on  vessels  of  Prussia,  or  of  h(>r  dominions,  from 
\vliencesoev(M-('omiiio-.  nor  on  their  cargoes,  howsoevereom- 
posed,  than  are  or  may  l)e  payable  on  vessels  of  the  United 
States,  and  their  cargoes. 

The  preceding  sc^ction  shall  continue  and  be  in  force  dur-  ^-  •''•.  «*>• 
iiig  the  time  that  the  eciuality  for  which  it  provides  shall, 
in  all  respects,  be  reciprocated  in  the  ports  of  Prussia  and 
her  doniinions;  and  if  at  any  time  hereafter  the  ecpiality 
shall  not  be  rei'ii)rocated  in  the  ports  of  l*russia  and  her 
dominions,  the  President  may  issue  his  proclamation, 
dinlaring  that  fact,  and  thereupon  the  section  preceding 
shall  cease  to  be  in  force. 

From  Spanish  vessels  coming  from  an}'  port  or  place  in  ''■  •'^'  •  -^-^i. 
Spain  or  her  colonies,  where  no  discriminating  or  counter- 
vailing duties  on  tonnage  arc  levied  upon  vessels  of  the 
United  States,  or  from  any  other  port  or  place  to  and  with 
which  vessels  of  the  United  States  are  ordinarily  permitted 
to  go  and  trade,  there  shall  be  exacted  in  the  ports  of  the 
United  States  no  other  or  greater  duty  on  tonnage  than  at 
the  time  may  be  exacted  of  vessels  of  the  United  States. 

Upon  vessels  which  shall  be  entered  in  the  United  States ,  -^'ien  tonnage 

I  „.  ,  ,  1111  'iii-       taxes  (in  excep- 

trom  any  loreign  port  or  place  there  shall  be  paid  duties  tiomii  cases). 

as  follows:  On  vessels  built  within  the  United  States  but    juiy'ot^l'm. 

l)elonging  wholly  or  in  part  to  subjects  of  foreign  powers,    ^^'^  •'"'''''•'  ~^'^-) 

at  the  rate  of  30  cents  per  ton;  on  other  vessels  not  of  the 

United  States,  at  the  rate  of  50  cents  per  ton.     Upon  every 

vessel  not  of  the  United  States,  which  shall  be  entered  in 

one  district  from  another  district.  ha\  ing  on  board  goods, 

wares,  or  merchandise  taken  in  one  district  to  be  delivered 

in  another  district,  duties  shall  be  paid  at  the  rate  of  50 

cents  per  ton.     Nothing  in  this  section  shall  be  deemed  in  . 

any  wise  to  impair  any  rights  or  privileges  which  have 

been  or  may  l)e  acquired  by  any  foreign  nation  under  the 

laws  and  treaties  of  the  Ignited  States  relative  to  the  duty 

of  tonnage  on  vessels.     On  all  foreign  vessels  which  shall 

be  entered  in  the  United  States  from  any  foreign  port  or 

l)lace,  to  and  with  which  vessels  of  the  United  States  are 

not  ordinarily  permitted  to  enter  and  trade,  there  shall  be 

paid  a  duty  at  the  rate  of  two  dollars  per  ton;  and  none  of 

the  duties  on  tonnage  above  mentioned  shall  be  levied  on 

the  vessels  of  any  foreign  nation  if  the  President  of  the 

United  States  shall  be  satisfied  that  the  discriminating  or 

countervailing  duties  of  such  foreign  nations,  so  far  as  they 

operate  to  the  disadvantage  of  the  Ignited  States,  have  been    "(if^f^if^^^' 

abolished;     *     *     *    and  any  rights  or  privileges  acquired    scc.i/,.' 

by  any  foreign  nation  under  the  laws  and  treaties  of  the 

United  States  relative  to  the  duty  of  tonnage  on  vessels 

shall  not  be  impaired;  and  any  vessel  any  officer  of  which 

shall  not  l)e  a  citizen  of  the  United  States,  shall  pay  a  tax 

of  tifty  cents  per  ton. 

A  duty  of  fifty  cents  per  ton,  to  be  denominated  ''light  (i,^^'&^.;|^^^^j3 
money,"  shall  be  levied  and  collected  on  all  vessels  not  of  cases). 
the  United  States,  W'hieh  ma}'  enter  the  ports  of  the  United     '' '  ' 


236 


BUREAU   OF   KAVIGATION 


a.  S.,  i226. 


Consular    to 
nage  charges. 

R.  S.,  /,222. 


July  5,  ISSA. 
{'2S  Stat,  mi.) 
Sec.  S. 


States.  Such  light-money  shall  be  levied  and  collected  in 
the  same  manner  and  under  the  same  regulations  as  the 
tonnage  duties. 

The  preceding  section  shall  not  l)e  deemed  to  o]K>rate 
upon  unregistered  vessels,  owned  b}"  citizens  of  the  United 
States,  and  carrying  a  sea-letter,  or  other  regular  docu- 
ment, issued  from  a  custom-house  of  the  United  States, 
proving  the  vessel  to  be  American  property.  Upon  the 
entry  of  every  such  vessel  from  any  foreign  port,  if  the 
same  shall  be  at  the  port  at  which  the  owner  or  any  of  the 
part  owners  reside,  such  owner  or  part  owners  shall  make 
oath  that  the  sea-letter  or  other  regular  document  pos- 
sessed by  such  vessel  contains  the  name  or  names  of  all 
the  persons  who  are  then  the  owners  of  the  vessel;  or  if 
any  part  of  such  vessel  has  been  sold  or  transferred  since 
the  date  of  such  sea-letter  or  document,  that  such  is  the 
case,  and  that  no  foreign  subject  or  citizen  has,  to  the  best 
of  his  knowledge  and  belief,  any  share,  by  way  of  trust, 
conhdence  or  otherwise,  in  such  vessel.  If  the  owner  or 
any  part  owner  does  not  reside  at  the  port  or  place  at 
which  such  vessel  shall  enter,  then  the  master  shall  make 
oath  to  the  like  effect.  If  the  owner  or  part  owner, 
where  there  is  one,  or  the  master,  where  there  is  no 
owner,  shall  refuse  to  so  swear,  such  vessel  shall  not  be 
entitled  to  the  privileges  granted  by  this  section. 

No  consul  or  consular  agent  of  the  United  States  shall 
exact  tonnage  fees  from  any  vessel  of  the  United  States, 
touching  at  or  near  ports  in  Canada,  on  her  regular  voyage 
from  one  port  to  another  within  the  United  States,  unless 
such  consul  or  consular  agent  shall  perform  some  official 
services,  required  by  law  for  such  vessel,  when  she  shall 
thus  touch  at  a  Canadian  port. 

On  all  questions  of  interpretation  *  *  *  relating  to 
the  collection  of  tonnage  tax,  and  to  the  refund  of  such  tax 
when  collected  erroneously  or  illegally,  his  [Commissioner 
of  Navigation]  decision  shall  be  ffnal. 


TKADE   WITH   ACQUISITIONS 


Alaska. 
£.  S.,  195!,. 


Ji.  S.,  1,358. 


The  laws  of  the  United  States  relating  to  customs,  com- 
merce and  navigation  are  extended  to  and  over  all  the 
mainland,  islands,  and  watei-s  of  the  territoiy  ceded  to  the 
United  States  by  the  Emperor  of  Russia  by  treaty  con- 
cluded at  AVashington  on  the  thirtieth  day  of  March,  anno 
Domini  eighteen  hundred  and  sixtj^-seven,  so  far  as  the 
same  may  be  applicable  thereto. 

The  coasting-trade  between  the  territoiy  ceded  to  the 
United  States  by  the  Emperor  of  Russia  and  any  other 
portion  of  the  United  States  shall  ]>e  regulated  in  accord- 
ance with  the  provisions  of  law  applicable  to  such  trade 
between  any  two  great  districts.     [See  page  255.] 


BUREAU    OF    NAVIGATION  237 

The  Coiniii  issionor  of  Navigation  shall  make  such  regula-    ^^"^.'"  ^'jl/oo 
tioiis,  sul»j('('t  to  tilt'  approN'al  of  the  Socrctary  of  Conimeroo    Ui  sm.,  vj.) 
and  L;il)()r,  as  ho  nuiv  cUhmu  oxpcdiciit  for  the  nationaliza-    'I'yu'v,  mos 
tioii  of  all  vessels  owned  by  the  iidiahitants  of  Torto  Kieo  on    ^^^^[f-  ^^^ 
the  eleventh  day  of  Ai)ril,  (MghtiM'u  hundred  and  ninety- 
nine,  and  whieh  continued  to  ho  so  owned  up  to  the  date 
of  such  nationalization,  and  for  the  admission  of  the  sanle 
to  all  the  benchts  of  the  coasting  trade  of  the  United 
States;  and  the  coasting  trade  between  Porto  Kico  and  the 
I'liited  States  shall  be  regulated  in  accordance  with  the 
provisions  of  law  applicable  to  such  trade  between  any 
two  great  coasting  districts  of  the  United  States.     [See 
page  250.  j 

All  vessels  carrying  Hawaiian  registers  on  the  twelfth    "^.Vy'^lj;  ;,„,,; 
day  of  August,  eighteen  hundred  and  ninety-eight,  and    (siktai.,mi.) 
which  were  owned  bona  tide  by  the  citizens  of  the  United    '"^'^  " 
States,  or  the  citizens  of  Hawaii,  together  with  the  follow- 
ing-named vessels  claiming  Hawaiian   register,    Star  of 
France^  jLuterj>e^  Star  of  Eussia,  Fall-^  of  Clyde,  and  Wil- 
scott,  shall  be  entitled  to  he  registered  as  American  vessels, 
with  the  benetits  and  privileges  appertaining  thereto,  and 
the  coasting  trade  between  the  islands  aforesaid  and  an}' 
other  portion  of  the  United  States,  shall  be  regulated  in 
accordance  with  the  provisions  of  law  applicable  to  such 
trade  between  an}'  two  great  coasting  districts,     [See  page 
2.52.] 

The  United  States  will,  for  the  term  of  ten  j-ears  from 
tlie  date  of  the  exchange  of  the  ratitications  of  the  present 
treaty,  admit  Spanish  ships  and  merchandise  to  the  ports 
of  the  Philippine  Islands  on  the  same  terms  as  ships  and 
merchandise  of  the  United  States.  [Article  IV,  Treaty  of 
Paris,  I)eceml)er  10,  1898,  proclaimed,  April  11,  18991] 

On  and  after  the  passage  of  this  Act  the  same  tonnage  ^^Jj^j-l'^J^'^slw. 
taxes  shall  ])e  levied,  collected,  and  paid  upon  all  foreign  ho  stai./iTsb.) 
vessels  coming  into  the  United  States  from  the  Philippine  (sTsiat.,  sH) 
Archipelago  which  are  required  by  law  to  be  levied,  col-  ^'^'^■^^ 
lected,  and  paid  upon  vessels  coming  into  the  United 
States  from  foreign  countries:  Provided,  hoicever.  That 
until  July  tirst,  nineteen  hundred  and  four,  the  provisions 
of  law  restricting  to  vessels  of  the  United  States  the 
transportation  of  passengers  and  merchandise  directly  or 
indirectly  from  one  port  of  the  United  States  to  another 
port  of  the  United  States  shall  not  be  applicable  to  foreign 
vessels  engaging  in  trade  between  the  Philippine  Archi- 
pelago and  the  United  States,  or  between  ports  in  the 
Philippine  .Vrchipelago:  A)id  provided  further,  That  the 
Phili[)piiu',  C'onunission  shall  be  authorized  and  empowered 
to  issue;  licenses  to  eno'aoe  in  lighterage  or  other  exclu- 
sively  harbor  business  to  vessels  or  other  craft  actually 
engaged  in  such  business  at  the  date  of  the  passage  of  this 
Act,  and  to  vessels  or  other  craft  built  in  the  Philippine 
Islands  or  in  the  United  Stat(>s  and  owned  l)v  citizens  of 
the  United  States  or  by  inhabitants  of  the  Philippine 
Islands. 


238  BUREAU    OF    NAVIGATION 

m^M^ni )       "^^^^  ^'^^'"^  relating-  to  entry,  clearance,  and  manifests  of 
sec'^sA.'  steamships  and  other  vessels  arriving  from  or  going  to 

foreign  ports  shall  apply  to  vo^^ages  each  way  between 
the  Philippine  Islands  and  the  United  States  and  the  pos- 
sessions thereof,  and  all  laws  relating  to  the  collection 
and  protection  of  customs  duties  not  inconsistent  with  the 
Act  of  Congress  of  March  eighth,  nineteen  hundred  and 
two,  "temporarily  to  provide  revenue  for  the  Philippine 
Islands,"  shall  apply  in  the  case  of  vessels  and  goods  arriv- 
ing from  said  Islands  in  the  United  States  and  its  aforesaid 
possessions. 

The  laws  relating  to  seamen  on  foreign  voyages  shall 
apply  to  seamen  on  vessels  going  from  the  United  States 
and  its  possessions  aforesaid  to  said  Islands,  the  customs 
officers  there  being  for  this  purpose  substituted  for  con- 
sular officers  in  foreign  ports. 

The  provisions  of  chapters  six  and  seven,  [R.  S.  ■iii52- 
4292]  title  fortj-eight,  Revised  Statutes,  so  far  as  now  in 
force,  and  any  amendments  thereof,  shall  apply  to  vessels 
making  voyages  either  way  between  poi-ts  of  the  United 
States  or  its  aforesaid  possessions  and  ports  in  said  Islands; 
and  the  provisions  of  law  relating  to  the  public  health  and 
quarantine  shall  appl}^  in  the  case  of  all  vessels  entering  a 
port  of  the  United  States  or  its  aforesaid  possessions  from 
said  Islands,  where  the  customs  officers  at  the  port  of  de- 
parture shall  perform  the  duties  required  b}^  such  law  of 
consular  officers  in  foreign  ports. 

Section  three  thousand  and  live,  Revised  Statutes,  as 
amended,  and  other  existing  laws  concerning  the  transit 
of  merchandise  through  the  United  States,  shall  apply  to 
merchandise  arriving  at  any  port  of  the  United  States 
destined  for  an}^  of  its  insular  and  continental  possessions, 
or  destined  from  any  of  them  to  foreign  countries. 
(inam.Tutiiiia,  Nothing  in  this  Act  shall  be  held  to  repeal  or  alter  any 
part  of  the  Act  of  March  eighth,  nineteen  hundred  and 
two,  aforesaid,  or  to  apply  to  Guam,  Tutuila,  or  Manua, 
except  that  section  eight  of  an  Act  entitled  "An  Act  to 
revise  and  amend  the  tariff  laws  of  the  Philippine  Archi- 
pelago," enacted  by  the  Philippine  Connnission  on  the 
seventeenth  of  September,  nineteen  hundred  and  one,  and 
approved  by  an  Act  entitled  "  An  Act  temporarily  to  pro- 
vide revenues  for  the  Philippine  Islands,  and  for  other 
purposes,"  approved  March  eighth,  nineteen  hundred  and 
two,  is  hereby  amended  so  as  to  authorize  the  Civil  Gov- 
ernor thereof  in  his  discretion  to  establish  the  equivalent 
rates  of  the  money  in  circulation  in  said  Islands  with  the 
money  of  the  United  States  as  often  as  once  in  ten  days. 


BUREAU    OF    NAVIGATION  239 

FI:KS    I'AVAHLK 

[List  of  feus  on  page  '2V1.] 

[XoTK.— Bv  soctioii  1  of  tho  act  of  June  19,  1886,  ami  section  '22  of  the  act  of  June 
10,  1890,  tlie  system  of  eoiiipeiisaliiifr  ollicers  of  the  tioveriunent  eiiforein;,'-  the  imvi- 
ga'tion  ami  steamlioat  inspeelion  laws  was  nuiterially  changed.  Nearly  all  the  fees 
prcvionslveolleclcd  hy  them  from  masters  and  owners  of  vesselsof  thel'iiite<l  .States 
lor  services  rendered  were  abolished,  and  payment  made  directly  from  the  Treasnry 
on  the  basis  i>f  the  former  fees.] 

On  and  after  July  lirst,  eighteen  hundred  and  eicrhty-six',  ,„^lft^^',r/\''eerto 
IK)  fees  sluill  l)e  charued  or  coHectcd  bv  eollector.s  or  other  «fli<e''*'- 

..  ,.  ,  '^       1         .  i  '    i!      i  1  Jitiir  lit,  issh. 

orticer.s  ot  customs,  or  by  inspector.s  or  steani-ve.s.sels  or  i^u  iitat.,  7u.) 
shii)i)in_ii'  lonuuissioners,  for  the  following*  services  to  ves- 
sels of  the  United  States,  to  "svit:  INIeasurementof  tonnage 
and  certifying  the  same;  i.ssuing  of  license  or  granting  of 
certiticate  of  registry,  record,  or  enrollment,  including  all 
indor.sements  on  tliesamcaiul  ])ond  and  oath;  indorsement 
of  change  of  master;  certifying  and  receiving  manifest, 
including  master's  oath  and  permit;  granting  permit  to 
vessels  licensed  for  the  hsheries  to  touch  and  trade;  grant- 
'  ing  certiticate  of  payment  of  tonnage  dues;  recording  bill 
of  sale,  mortgage,  hypothecation,  or  conveyance,  or  the 
discharge  of  such  mortgage  or  hypothecation;  furnishing 
certiticate  of  title;  furnishing  the  crew  list,  certiticate  of 
protection  to  seamen;  bill  of  health;  shipping  or  discharg- 
ing of  seamen,  as  provided  by  title  tifty-three  of  the 
Revised  Statutes  [R.  S.,  4501— 1:612]  and  section  two  of  this 
act;  a])i)r(Miticing  boj's  to  the  merchant  service;  inspecting, 
examining,  and  licensing  steam-vessels,  including  inspec- 
tion certiticate  and  copies  thereof;  and  licensing  of  master, 
engineer,  pilot,  or  mate  of  a  vessel;  and  all  provisions  of 
laws  authorizing  or  retiuiring  the  collection  of  fees  for 
such  ser\ices  are  repealed,  such  repeal  to  take  efi'ect  July 
first,  eighteen  hundred  and  eighty-six.  Collectors  or  other 
officers  of  customs,  inspectors  of  steam-vessels,  and  ship- 
ping commissioners  who  are  paid  wholly  or  partly  by  fees 
shall  make  a  detailed  report  of  such  services,  and  the  fees 
provided  by  law,  to  the  Secretary  of  the  Treasury  [or  the 
Secretary  of  Commerce  and  La))or],  under  such  regulations 
as  that  officer  may  prescribe;  and  the  Secretary  of  the  (S2'slat.!'s29.) 
Treasury  [or  the  Secretary  of  Commerce  and  Labor]  shall  •*<-"•  ^o- 
allow  and  pay,  from  an}'  mone}'  in  the  Treasury  not  other- 
wise appi"o])riated,  said  officers  such  compen.sation  for  said 
services  as  each  would  have  received  prior  to  the  passage 
of  this  act;  also  such  compen.sation  to  clerks  of  shipping 
commissioners  as  would  have  been  paid  them  had  this  act 
not  passed:  Prorirhd,  That  such  services  have,  in  the 
opinion  of  the  Secretary  of  the  Treasury  [or  the  Secretarj^ 
of  Commerce  and  Labor],  ])een  nece.ssarilv  rendered. 

All  fees  exacted  and  oatiis  administered  by  officei-s  of  flS:,  m) 
the  customs,  except  as  provided  in  this  act,  under  or  by  -^'cc  22. 
virtue  of  existing  laws  of  the  United  States,  upon  the  en- 
try of  im})ortetl  goods  and  the  passing  thereof  through 
the  customs,  and  also  upon  all  entries  of  domestic  goods, 
wares,  and  merchandise  for  ex|)ortation,  are  hereby  a})ol- 
ished:     *     *     *     provided.  That  where  such  fees,  under 


240  BUREAU    OF   NAVIGATION 

existing  laws,  constitute,  in  whole  or  in  part,  the  compen- 
sation of  any  officer,  such  officer  shall  receive,  from  and 
after  the  passage  of  this  act,  a  fixed  sum  for  each  3'ear 
equal  to  the  amount  which  he  would  have  been  entitled  to 
receive  as  fees  for  such  services  during  said  year. 
of  whicrbTpri-     The  following  fees  shall  be  levied  and  collected  from  the 
vate  persons  is  owners  and  masters  of  all  vessels,  except  those  navigating 
uponwhichcom- the  waters  of  the  northern,  northeastern,  and  northwest- 
pcnsaUon  of  cer- gj.^  fi-Qnticrs,  otlicrwisc  than  l)y  sea: 

tain    omciais    is         ^.  '  .  i    •  t  i 

based.  Jj  irst.   h  ov  measuring  every  vessel,  in  order  to  the  enroU- 

■  ■'  *  ■  ment  or  licensing  and  recording  the  same,  the  fees  pre- 
scribed for  like  services  in  order  to  the  registry  of  vessels. 

Second.  For  every  certificate  of  enrollment,  fifty  cents. 

Third.  For  every  indorsement  on  a  certificate  of  enroll- 
ment, twenty  cents. 

Fourth.  For  every  license,  and  granting  the  same,  inchid- 
ing  the  bond,  if  not  exceeding  twenty  tons,  twenty-five 
cents;  if  above  tAventy  and  not  more  than  one  hundred 
tons,  fifty  cents;  and  if  more  than  one  hundred  tons,  one 
dollar. 

Fifth.   For  every  indorsement  on  a  license,  twenty  cents. 

Sixth.  For  certifying  manifests,  and  granting  a  permit 
for  a  licensed  vessel  to  proceed  from  district  to  district,  ten 
cents. 

Seventh.  For  receiving  a  certified  manifest  and  granting 
a  permit  on  the  arrival  of  such  licensed  vessel,  ten  cents. 

Eighth.  For  certifying  manifests,  and  granting  a  permit 
for  a  registered  vessel  to  proceed  from  district  to  dis- 
trict, one  dollar  and  fifty  cents. 

Ninth.  For  receiving  a  certified  manifest,  and  granting 
a  permit  on  the  arrival  of  such  registered  vessel,  one  dollar. 

Tenth.  For  granting  a  permit  for  a  vessel  not  belonging 
to  a  citizen  or  citizens  of  the  United  States,  to  proceed 
from  district  to  district,  and  receiving  the  manifest,  two 
dollars. 

Eleventh.  For  receiving  a  manifest,  and  granting  a  per- 
mit to  unload,  for  such  last-mentioned  vessel,  on  her 
arrival  in  one  district  from  another  district,  two  dollars. 

Twelfth.  For  granting  a  permit  for  a  vessel  cariying  on 
the  fisheiy  to  trade  at  a  foreign  port,  twenty-five  cents; 
and  for  the  report  and  entiy  of  any  foreign  goods  imported 
in  such  vessel,  twenty-five  cents. 

Where  a  surve3^or  certifies  a  manifest,  or  grants  a  per- 
mit, or  receives  a  certified  manifest  and  grants  a  permit, 
the  fees  arising  therefrom  shall  be  received  by  him  solely 
for  his  use;  and  all  other  fees  arising  by  virtue  of  this 
section  shall  be  received  and  accounted  for  by  the  collector, 
or,  at  his  option,  by  the  naval  officer,  where  there  is  one, 
and  where  there  is  a  collector,  naval  officer,  and  surveyor 
shall  ])e  equally  divided  monthly  between  the  said  officers; 
and  where  there  is  no  naval  officer,  two-thirds  to  the  col- 
lector and  the  other  third  to  the  surveyor;  and  where 
there  is  only  a  collector,  he  shall  receive  the  whole  amount 
thereof;  and  where  there  is  more  than  one  surveyor  in 


BUREAU    OF    NAVIGATION  241 

any  district,  oaoh  of  thoin  shall  roccivo  his  proportional 
l)art  of  such  fiHvs  as  shall  arise  at  the  j)()rt  foi-  which  he  is 
ai>i)(>inte(l:  and  in  all  cases  when'  the  tonnas^e  of  an\'  ship 
or  vessel  shall  be  ascertained  t)y  any  i)erson  appointed  for 
that  purpase,  such  person  shall  be  paid  a  reasonable  com- 
pensation therefor  out  of  the  fees  aforesaid,  before  any 
distribution  thereof,  as  aforesaid. 

The  following-  fees  shall  be  levied  and  collected  from    ^■^■•''Sss. 
the  owners  and  masters  of  vessels  navig-ating'  the  Avaters 
of  the  northern,  northeastern,  and  northwestern  frontiers 
of  the  United  States,  otherwise  than  Iw  sea: 

First,  For  the  measurement  of  any  vessel,  the  fees 
prescribed  in  Title  XLVIII,  "Regulation  of  Commerce 
and  Navigation/' 

Second.  For  certificate  of  enrollment,  including  bond 
and  oath,  one  dollar  and  ten  cents. 

Third.  For  granting  license,  including  bond  and  oath, 
if  not  over  twenty  tons,  forty-five  cents. 

Fourth.  For  granting  license,  including  bond  and  oath, 
above  twenty  and  not  over  one  hundred  tons,  seventy  cents. 

Fifth.  For  granting  license,  including  bond  and  oath, 
above  one  hundred  tons,  one  dollar  and  twenty  cents. 

Sixth.  For  certifying  manifest,  including  master's  oath, 
and  granting  permit  for  vessel  to  go  from  district  to  dis- 
trict, ten  cents. 

Seventh.     (Repealed.     Act  July  5,  1884,  c.  228,  §  3.) 

Eighth.  For  receiving  manifest,  including  master's 
oath,  on  arrival  of  a  vessel  from  one  collection  district  to 
another,  whether  touching  at  foreign  intermediate  ports 
or  not,  ten  cents. 

Ninth.      (Repealed.     Act  July  5,  1884,  c.  228,  §3.) 

Tenth.  For  certifying  a  manifest,  including  master's 
oath,  and  granting  permit  to  a  vessel  under  tifty  tons,  laden 
with  a  cargo  destined  for  a  port'  or  place  in  another  dis- 
trict at  which  there  is  no  custom-house,  twenty-tive  cents. 

Eleventh.  For  certifying  a  manifest,  including  master's 
oath,  and  granting  permit  to  a  vessel  above  fifty  tons, 
laden  with  a  cargo  destined  for  a  port  or  place  in  another 
district  at  which  there  is  no  custom-house,  tiftv  cents. 

Twelfth.     (Repealed.     Act  March  3,  1897,  c.  389,  §  9.) 

Thirteenth.     (Repealed.     Act  March  3, 1807,  c.  389,  S  9.) 

Fourteenth.  Vessels  departing  to  or  arriving  from  a 
port  in  one  district  to  or  from  a  port  in  an  adjoining  dis- 
trict, and  touching  at  intermediate  foreign  ports,  are 
exempted  from  the  pa^^ment  of  the  entry  fees. 

Fifteenth.   For  a  port  entry  of  such  vessel,  two  dollars. 

Sixteenth.  For  permit  to  land  oi-  deliver  goods,  twenty 
cents. 

Seventeenth.  For  a  bond  taken  ofiicially,  not  otherwise 
provided  for,  tifty  cents. 

Eighteenth.  For  a  permit  to  load  goods  for  exportation 
entitled  to  drawback,  thirty  cents. 

Nineteenth.  For  debenture  or  other  otiicial  certificate 
not  otherwise  provided  for,  twenty  cents. 
27628—04 16 


242  BUREAU    OF    NAVIGATIOISr 

Twentieth.  For  recording  all  bills  of  sale,  mortgages, 
hypothecations,  or  conveyances  of  vessels,  fifty  cents. 

Twentv-first.  For  recording  all  certificates  for  discharg- 
ing and  canceling  any  such  conveyances,  fifty  cents. 

Twentj^-second.  For  furnishing  a  certificate  setting 
forth  the  names  of  the  owners  of  any  registered  or  enrolled 
vessel,  the  parts  or  proportions  owned  b}^  each,  and  also 
the  material  facts  of  any  existing  bill  of  sale,  mortgage, 
hypothecation,  or  other  incumbrance,  the  date,  amount  of 
such  incumbrance,  and  from  and  to  whom  made,  one  dollar. 

Twenty-third.  For  furnishing  copies  of  such  records 
for  each  bill  of  sale,  mortgage,  or  other  conversance,  fifty 
cents. 

Twenty-fourth.  For  receiving  manifest  of  each  railroad 
car  or  other  vehicle  laden  with  goods,  wares,  or  merchan- 
dise from  a  foreign  contiguous  territory,  twenty-five  cents. 

Twenty-fifth.  For  cntr}^  of  goods,  wares,  or  merchan- 
dise for  consumption,  warehouse,  rewarehouse,  transpor- 
tation, or  exportation,  including  oath  and  permit  to  land 
or  deliver,  fifty  cents. 

Twenty-sixth.  For  certificate  of  registry,  including 
bond  and  oath,  two  dollars  and  twenty-five  cents. 

Twenty-seventh.  For  indorsement  of  change  of  masters 
on  registry,  one  dollar. 

FEES  PAYABLE  BY  PRIVATE  PERSONS 

PORTS  ON  ATLANTIC,  PACIFIC,  AND  GULF  COASTS  AND  WESTERN  RIVERS 

For  inspector's  certificate  to  cancel  bond,  etc |0.  20 

Granting  permit  to  a  vessel  not  belonging  to  a  citizen  of  the  United  States  to 

go  from  district  to  district,  and  for  receiving  manifest 2.  00 

Receiving  manifest,  and  granting  permit  to  unload,  for  last-mentioned  vessel 

on  arrival  at  one  district  from  another 2.  00 

Entry  of  vessel  of  100  tons  or  more  from  foreign  port 2.  50 

Entry  of  vessel  under  100  tons 1 .  50 

Clearance  of  vessel  of  100  tons  or  more  for  a  foreign  port 2.  50 

Clearance  of  vessel  under  100  tons 1 .  50 

Post-entry - .     2.  00 

Bond  taken  officially,  not  otherwise  provided  for,  except  when  executed  in 
connection  with  the  entry  or  passage  of  goodsthrough  the  customs,  or  with 

the  entry  of  merchandise  for  exportation 40 

Official  certificate,  excejit  as  above  stated 20 

Collector's  certificate  to  shipping  articles 20 

Special  certificate  to  cancel  bond  not  gived  in  connection  with  entry  of  mer- 
chandise, etc.,  under  act  1890 20 

Certified  copy  of  outward  manifest,  if  required 20 

Copy  of  marine  document 20 

Official  documents  (United  States  vessels'  documents  excepted)  required  1)y 
any  merchant,  owner,  or  master  of  any  vessel  not  before  enumerated,  in- 
cluding bills  of  health  for  foreign  vessels 20 

Services  other  than  admeasurement  to  be  performed  by  the  surveyor  in  foreign- 
going  vessels  of  100  tons  or  more,  having  on  board  merchandise  subject  to 
(luty.  Revised  Statutes,  4186  (not  applicable  to  vessels  without  cargo  but 

with  excess  of  sea  stores ) o.  00 

For  like  services  in  vessels  under  100  tons  having  similar  meri'handise 1 .  50 

For  like  services  on  all  foreign-going  vessels  not  having  merchandise  subject 

to  dnty 67 

Certified  copy  of  bill  of  sale,  mortgage,  or  other  conveyance 1       .50 


BUREAU    OF    NAVIGATION  243 

Piities  ])erIornu'(l  l)v  tlio  surveyor  on  vosst'l  of  100  tons  or  upwards,  if  there  be 

(latial)le  car^'o . '. ." |;i  00 

Duties  ])erforine(l  by  surveyor  on  vessel  of  less  than  100  tons,  if  there  be 

dutiable  ear.iro 1.50 

Duties  jierfornied  bv  survevor  on  vessel  of  whatever  tonnage  with  free  cargo 

( .r  bal last '. ". 67 

Tonnage  duty,  if  due 

Certitieate  payment  tonnage  dues,  foreign  vessel ' 20 

Bill  of  health",  foreign  vessel 20 

Bond  to  ivtain  cargo  on  board,  if  required 40 

Certificate  of  American  growth  or  production,  if  reiiuired 20 

Clearance  of  an  American  vessel  for  a  foreign  port:  Fee  same  as  above  ())ut 

no  fee  collectible  for  bill  of  health,  certificate  payment  tonnage  tax,  crew 

list,  or  bond) . 
Certificate  to  shipping  articles,  if  required 20 

The  fees  allowed  to  surveyors  for  services  other  than  admeasurement  on  l)oard  vessels 
may  be  charged  by  the  collectors  j)erforining  such  services  at  ports  where  there 
are  no  surveyors,  l)ut  such  fees  will  not  be  collected  from  coasting  vessels. 

Fees  for  the  admeasurement  of  vessels  under  5  tons  in  l)urden  will  not  be  charged. 

Collectors  may  rei'eive  port  wai'den's,  health  officer's,  and  harbormaster's  fees  where 
it  is  a  matter  of  convenience  to  all  parties  concerned. 

The  term  "legal  fees,"  used  in  section  4206,  Revised  Statutes,  does  not  mean  pilot- 
age, half  pilotage,  or  similar  local  charges. 

Masters  of  passenger  vessels  from  foreign  territory  not  contiguous  to  the  United 
States  are  re(iuired  to  pay,  within  twenty-four  hours  from  entry,  to  the  collector 
of  customs  at  the  ])ort  of  arrival,  $10  for  each  passenger  over  8  years  of  age  (not 
being  a  cabin  passenger)  who  shall  have  died  of  natural  disease  during  the 
voyage. 

Collectors,  naval  officers,  and  surveyors  are  required  to  have  posted  in  a  public  place 
in  their  offices  a-fair  table  of  the  fees  demandable  l)y  law  at  their  ports,  subject 
at  all  times  to  inspection,  and  to  give  receii)ts  for  fees  collected,  specifying  the 
particulars,  whenever  required  to  do  so.  Failure  to  observe  these  requirements 
entails  a  penalty  of  $100  for  the  benefit  of  the  informer. 

PORTS    ON    NORTHERN,  NORTHEASTERN,  AND  NORTHWESTERN  FRONTIERS 

Post  entry .' $2.  00 

Official  ]jond  not  otherwise  provided  for,  except  when  executed  in  connection 
with  the  entry  or  passage  of  goods  through  the  customs,  or  with  the  entry 

of  domestic  merchandise  for  exportation 50 

Official  certificate  not  otherwise  provided  for,  except  as  above  stated 20 

Special  certificate  to  cancel  bond  not  given  in  connection  with  entry,  mer- 
chandise, etc. ,  under  act  1890 20 

Certified  copy  of  outward  manifest,  if  required 20 

Copy  of  marine  document 20 

Copy  bill  of  sale,  mortgage,  or  other  conveyance 50 

The  fees  a])ove  mentioned  are  applicable  in  the  case  of  all  vessels  navigating 
the  waters  of  the  northern,  northeastern,  and  northwestern  frontiers 
otherwise  than  by  the  sea,  and  no  fees  other  than  those  above  specially 
enumerated  can  be  legally  collected  from  the  owners  or  masters,  as  such, 
of  vessels  enrolled  or  Hcensed  on  said  frontiers. 

Post  entry,  if  made 2.  00 

Clearance  of  a  foreign  vessel  for  a  foreign  port: 

Clearance 50 

B(  (ud  to  retain  cargo,  if  necessary 50 

Clearance  of  an  American  vessel  directly  for  a  foreign  j)ort: 

Clearance 50 

Bond  to  retain  cargo,  if  necessary 50 

Entry  of  an  American  vessel  engaged  in  the  coasting  trade  and  touching  at 
a  foreign  p(jrt: 
Post  entry,  if  made 2.  00 

The  fees  allowe<l  to  surveyors  for  services  other  than  a<lnieasurement  on  board  ves- 
sels may  be  charged  by  the  collectors  jierforming  such  services  at  ports  where 
there  are  no  surveyors,  but  such  fees  will  not  be  collected  from  coasting  vessels. 

Fees  for  the  admeasurement  of  vessels  under  5  tons  in  burden  will  not  be  charged. 


244  BUREAU    OF    NAVIGATION 

Collectors  may  receive  port  warden's,  health  officer's,  and  harbor  master's  fees  wlu'ie 
it  is  a  matter  of  convenience  to  all  parties  concerned. 

The  term  "legal  fees,"  used  in  section  4206,  Revised  Statutes,  does  not  embrace 
pilotage,  half  pilotage,  or  similar  local  charges. 

Masters  of  passenger  vessels  from  foreign  territory  not  contiguous  to  the  United 
States  are  required  to  pay,  within  twenty-four  hours  from  entry,  to  the  collector 
of  customs  at  the  port  of  arrival,  $10  for  each  passenger  over  8  years  of  age  (not 
being  a  cabin  passenger),  who  shall  have  died  of  natural  disease  during  the 
voyage. 

Permits  are  not  required  on  the  northern  frontier  to  unlade  cargo  brought  from  an 
American  port;  but  permits  must  be  obtained,  and  existing  laws  complied  with, 
previous  to  the  discharge  or  landing  of  passengers,  baggage,  goods,  wares,  or 
merchandise  brought  from  foreign  ports  or  places. 

Canadian  steamers  trading  (jn  the  ncjrthern  frontiers  from  one  foreign  port  to 
another,  and  touching  during  the  course  of  such  voyage  at  a  port  or  place  in 
the  United  States,  and  landing  passengers,  baggage,  or  freight  are  required  to 
report. 

Enrolled  or  licensed  vessels  upon  the  frontiers  departing  from  or  arriving  at  a  port 
in  one  collection  district  to  or  from  a  port  in  another  collection  district,  although 
touching  at  an  intermediate  foreign  port,  are  exempted  horn  payment  of  the 
entrance  and  clearance  fees  of  fifty  cents  each,  and  from  the  payment  of  tonnage 
tax,  but  in  all  such  cases  an  entry  or  clearance  must  be  made,  and  fees  be  paid  of 
ten  cents  for  certification  of  manifest  and  permit  to  go  from  district  to  district, 
and  ten  cents  for  receiving  manifest. 

Vessels  used  exclusively  as  ferryboats,  however  laden,  will  not  be  required  to  enter 
or  clear,  nor  will  the  masters  or  persons  in  charge  of  such  boats  be  required  to 
present  manifests  or  to  pay  entrance  or  clearance  fees,  or  fees  for  receiving  or 
certifying  manifests;  but  such  masters  or  other  persons  will  be  required  to  report 
to  the  proper  officer  of  the  customs  in  each  instance,  and  to  apprise  him  of  any 
baggage,  goods,  wares,  or  merchandise  which  may  liave  been  imported  in  such 
boats  from  any  foreign  territory. 

Collectors  on  the  northern,  northeastern,  and  northwestern  frontiers  are  authorized 
to  keep  on  sale,  at  their  several  offices,  blank  manifests  and  clearances,  and  to 
charge  therefor  the  sum  of  10  cents  for  each  blank,  and  no  more.  But  this  does 
not  prohibit  private  persons  from  furnishing  their  own  blanks,  if  said  blanks  are 
in  accordance  with  law  and  regulations. 

Collectors,  naval  officers,  and  surveyors  are  required  to  have  posted  in  a  public  place 
in  their  offices  a  fair  table  of  tlie  fees  demandable  by  law  at  their  ports,  subject 
at  all  times  to  inspection,  and  to  give  receipts  for  fees  collected,  specifying  the 
particulars,  whenever  required  to  do  so.  Failure  to  observe  these  requirements 
entails  a  penalty  of  $100  for  the  benefit  of  the  informer. 

CRIMES 

£^s'^  730^^''^'  "^^^  ^^'^^^  ^^  ^^^  offenses  committed  upon  the  high  seas  or 
elsewhere,  out  of  the  jurisdiction  of  any  particular  State 
or  district,  shall  be  in  the  district  where  the  offender  is 
found,  or  into  which  he  is  tirst  brought. 

R.  t>.,  53/./,.  Every  captain,  engineer,  pilot,  or  other  person  employed 

on  any  steamboat  or  vessel,  by  whose  misconduct,  negli- 
gence, or  inattention  to  his  duties  on  such  vessel,  the  life 
of  any  person  is  destroyed,  and  every  owner,  inspector,  or 
other  public  officer,  through  whose  fraud,  connivance,  mis- 
conduct, or  violation  of  law,  the  life  of  any  person  is 
destroyed,  shall  be  deemed  guilty  of  manslaughter,  and, 
upon  conviction  thereof  before  any  circuit  court  of  the 
United  States,  shall  be  sentenced  to  continement  at  hard 
labor  for  a  period  of  not  more  than  ten  years, 
o/crewf^*^*™^"*      Every  master  or  other  officer  of  an  American  vessel  on 

^iJ^''P':L~.      the  high  seas  or  on  any  other  waters  within  the  admiralty 

Mar.  S,  1H97.  &>      .     .  .  .       ,.       •.  ,,       ,  r-r      •!        -X    Lf         L  1  -i-L. 

(29 Stat, 691.)   and  maritime  jurisdiction  or  the  United  States,  who,  witn- 
sec.18.  ^^^  justifiable  cause,  beats,  wounds,  or  imprisons  any  of 


BCTREAU    OF   NAVIGATION  245 

tlio  crow  of  such   vessel  or  withliolds  from  tliein  suitable 

food  aud  nourishment,  or  intlicts  u})on  them  any  cruel  and 

tuuisual  ])unishment,  shall  he  punished  hy  a  tine  of  not    j,^^.  .,j  ^gyg 

more  than  one  thousand  dollars,  or  ))v  imprisonment  not    i{>ostat'.,76i.) 

more  than  five  years,  or  by  both.     Nothino-  herein  con- 

tahied  shall  ))e  construed  to  repeal  or  uiodify  section  foi'ty- 

six  iumdred  and  eleven  of  th(>  Revised  Statutes, 

If  any  one  of  the  crew  of  any  American  vessel  on  the  JJ"s'"?';,;s 
hi*i!i  s(>as.  or  other  waters  within  the  admiralty  and  mari- 
time jurisdiction  of  the  Unitcnl  States,  endeavors  to  make 
a  revolt  or  nnitiny  on  ])oard  such  vessel,  or  combines,  con- 
spires, or  confederates  with  any  other  person  on  board  to 
make  such  revolt  or  mutiny,  or  solicits,  incites,  or  stirs  up 
any  other  of  the  crew  to  disobev  or  resist  the  lawful  orders 
of  the  master,  or  other  officer  of  such  vessel,  or  to  refuse 
or  ncii'lect  their  proper  duty  on  board  thereof,  or  to  betray 
their  proper  trust,  or  assembles  with  others  in  a  tunuiltuous 
and  nnitinous  manner,  or  makes  a  riot  on  l)oard  thereof,  or 
unlawfully  confines  the  master,  or  other  commanding  offi- 
cer thereof,  he  shall  l)e  punished  by  a  tine  of  not  more 
than  one  thousand  dollars,  or  ])y  imprisonment  not  more 
than  tive  A'ears,  or  by  both  such  tine  and  imprisonment. 

If  any  one  of  the  crew  of  an  American  vessel  on  the  high  ^-  •'^-  •'''^^'^■ 
seas,  or  on  any  other  waters  within  the  admiralty  and  mari- 
time jurisdiction  of  the  United  States,  unlawfully  and  with 
force,  or  by  fraud,  or  intimidation,  usurps  the  command  of 
such  vessel  from  the  master  or  other  lawful  officer  in  com- 
mand thereof,  or  deprives  him  of  authority  and  connnand 
on  board,  or  resists  or  prevents  him  in  the  free  and  liiwful 
exercise  thereof,  or  transfers  such  authority  and  command 
to  another  not  lawfully  entitled  thereto,  he  is  guilty  of  a 
revolt  and  mutiny,  and  shall  be  punished  by  a  tine  of  not 
more  than  two  thousand  dollars,  and  hy  imprisonment  at 
hard  lal)or  not  more  than  ten  years. 

Everv  master  or  commander  of  anv  vessel  belonging,  in  ^.^.^.^f°"™^"^ 
whole  or  part,  to  any  citizen  of  the  l  nited  States,  who,  ^-  s-  -'^^es. 
during  his  being  abroad,  maliciously  and  without  justi- 
tiahle  cause  forces  any  officer  or  mariner  of  such  vessel  on 
shore,  in  order  to  leave  him  behind  in  any  foreign  port  or 
place,  or  refuses  to  bring  home  again  all  such  officers  and 
mariners  of  such  vessel  whom  he  carried  out  with  him  as 
are  in  a  condition  to  return  and  willing  to  return,  when  he 
is  ready  to  pi'oceed  on  his  homeward  voyage,  shall  be  pun- 
ished by  a  tine  of  not  more  than  live  hundred  dollars,  or 
by  imprisonment  not  more  than  six  months. 

Every  person  who,  having  knowledge  of  the  actual  com-  fefony"^'^"  ^^ 
mission  of  the  crime  of  murder  or  other  felony  upon  the  R-S.,5S9o. 
high  seas,  or  within  any  fort,  arsenal,  dock-yard,  maga- 
zine, or  other  place  or  district  of  country  under  the  ex- 
clusive jurisdiction  of  the  United  States,  conceals,  and  does 
not  as  soon  as  may  be  disclose  and  make  known  the  same 
to  some  one  of  the  judges  or  othin"  persons  in  civil  or  mil- 
itary authority  under  the  United  States,  is  guilty  of  mis- 
prision of  felony,  and  shall  be  impi'isoned  not  more  than 
three  years,  and  tincnl  no  moi-e  than  tive  hundi'ed  dollars. 


246  BUEEAU    OF   NAVIGATION 

Crimes  on  tiie  Every  pei'son  who  shall,  upon  any  vessel  registered  or 
^^septt.imi.     enrolled  under  the  laws  of  the  United  States,  and  ))eing 

{26 Stat.,  i2/,.)  y,^  ^  vo3"ag'e  upon  the  waters  of  any  of  the  Great  Lakes, 
namely,  Lake  Superior,  Lake  Michig^an,  Lake  Huron,  Lake 
Saint  Clair,  Lake  Erie,  Lake  Ontario,  or  any  of  the  waters 
connecting  any  of  the  said  lakes,  commit  or  be  g'uilty  of 
any  of  the  acts,  neglects,  or  omissions,  respectively,  men- 
tioned in  chapter  three  [R.  S.,  6339-5891]  of  title  seventy 
of  the  Revised  Statutes  of  the  United  States  shall,  upon 
conviction  thereof,  be  punished  with  the  same  punish- 
ments in  the  said  title  and  chapter,  respectively  affixed  to 
the  same  oii'enses  therein  mentioned,  respectively. 

^''•^  The  circuit  and  district  courts  of  the  United  States, 

respectiveh%  are  hereby  vested  with  the  same  jurisdiction 
in  respect  of  the  offenses  mentioned  in  the  first  section  of 
this  act  that  they  by  law  have  and  possess  in  respect  of  the 
offenses  in  said  chapter  and  title  in  the  first  section  of  this 
act  mentioned,  and  said  courts,  respectively,  are  also  for 
the  purpose  of  this  act  vested  with  all  and  the  same  juris- 
diction they,  respectively,  have  by  force  of  title  thirteen, 
chapter  three  [R.  S.,  563-571],  and  title  thirteen,  chapter 
seven  [R,  S.,  029-657],  of  the  Revised  Statutes  of  the 
United  States. 

Forgery.  If  auv  pcrsou  falsclv  makes,  forges,    counterfeits,  or 

■'  ■'  *"■  alters  any  instrument  in  imitation  of,  or  purporting  to  be 
an  abstract  or  official  copy,  or  certificate  of  the  recoi'ding, 
registry,  or  enrollment  of  any  vessel,  in  the  office  of  any 
collector  of  the  customs,  or  a  license  to  any  vessel,  for 
carrying  on  the  coasting  trade,  or  fisheries  of  the  United 
States,  or  a  certificate  of  ownership,  pass,  passport,  sea- 
letter,  or  clearance,  granted  for  any  vessel,  under  the  au- 
thority of  the  United  States,  or  a  permit,  debenture,  or 
other  official  document,  granted  by  any  collector  or  other 
officer  of  the  customs,  by  virtue  of  his  office;  or  passes, 
utters,  or  publishes,  or  attempts  to  pass,  utter,  or  publish, 
as  true,  any  such  false,  forged,  counterfeited,  or  falsely 
altered  instrument,  abstract,  ofiicial  copy,  certificate, 
license,  pass,  passport,  sea-letter,  clearance,  permit,  de- 
benture, or  other  official  document  herein  specified,  know- 
ing the  same  to  be  false,  forged,  counterfeited,  or  falsely 
altered,  with  an  intent  to  defraud,  he  shall  be  punished  by 
a  fine  of  not  more  than  one  thousand  dollars  and  by  im- 
prisonment at  hard  labor  not  more  than  three  years. 


Part  II 

DISCRIMINATION   AND    RETALIATION 

Discrimination     "Whenever  any  foreign  country  whose  vessels  have  been 

against      Amen-  *„"  .,•  ciTT-iOii 

ran  vessels.  placcd  ou  thc  sauic  footuig  in  the  ports  of  the  United  States 
as  American  vessels  (the  coastwise  trade  excepted)  shall 
deny  to  any  vessel  of  thc  United  States  any  of  the  commer- 
cial privileges  accorded  to  national  vessels  in  the  harbors, 
ports,  or  waters  of  such  foreign  country,  the  President,  on 


.linii  ;;/,  issr,. 
(:.",  ,sy.(/.,,s.',) 
Sec.  17. 


BUREAU    OF    NAVIGATION  247 

reooiviiiii"  ^^atisfrt^t(1I•v  infonniition  of  the  continuanoo  of 
such  (liscriiuinatioiis  against  tiiiv  vessols  of  the  United 
States,  is  hereby  authorized  to  issue  his  prochiniation 
exeiudin*:".  on  and  after  sut-ii  time  as  he  may  indicate,  from 
the  exercise  of  such  commercial  privileoes  in  the  ports  of 
the  United  States  as  are  denied  to  American  vessels  in  the 
poris  of  such  foreion  country,  all  vessels  of  such  foreign 
country  of  a  similar  character  to  the  vessels  of  the  United 
States  thus  discriminated  ayainst,  and  suspending"  such 
concessions  previously  granted  to  the  vessels  of  such  coun- 
try; and  on  and  after  tiie  date  nsuned  in  such  pi'oclama- 
tion  for  it  to  take  etfect,  if  tlie  master,  otlicei',  or  agent  of 
any  vessel  of  such  foreign  country  excludtnl  hy  said  proc- 
lamation from  the  exercise  of  any  commercial  privileges 
shall  do  any  act  prohibited  by  said  proclamation  in  the 
ports,  harbors,  or  waters  of  the  United  States  for  or  on 
account  of  such  vessel,  such  vessel,  and  its  rigging,  tackle, 
furniture,  and  I)oats,  and  all  the  goods  on  board,  shall  be 
liatde  to  seizure  and  to  forfeiture  to  the  United  States;  and 
any  ])ers()n  opposing  any  officer  of  the  United  States  in 
the  enforcement  of  this  act.  or  aiding  and  abetting  any 
other  person  in  such  opposition,  shall  forfeit  eight  hundred 
dollars,  and  shall  be  guilty  of  a  misdemeanor,  and,  upon 
conviction,  shall  be  liable  to  imprisonment  for  a  term  not 
exceeding  two  vears. 

AVhenever  the  President  of  the  United  States  shall  be  .,g^S°^'Xm^°P 
satisfied  that  American  lishing  vessels  or  American  fisher-  can  fishinK  ves- 

.    ...  1      •  -iij^  ^  i  f'yls    in     British 

men.  visiting  or  being  in  the  waters  or  at  any  ports  or  America. 
places  of  the  British  Dominions  of  North  America,  are  'l'^l''stat!i^ili) 
or  then  lately  have  been  denied  or  abridged  in  the  enjoy- 
ment of  any  rights  secured  to  them  1)\'  treaty  or  law,  or  are 
or  then  lately  have  been  unjustly  vexed  or  harassed  in  the 
enjoyment  of  such  rights,  or  subjected  to  unreasonable 
restrictions,  regulations,  or  requirements  in  respect  of 
such  rights;  or  otherwise  unjustly  vexed  or  harassed  in 
said  waters,  ports,  or  places; 

Or  whenever  the  President  of  the  United  States  shall  be 
satisfied  that  any  such  fishing  vessels  or  fishermen,  having 
a  permit  under  the  laws  of  the  United  States  to  touch  and 
trade  at  any  port  or  ports,  place  or  places,  in  the  l^ritish 
Dominions  of  Korth  America,  are  or  then  lately  have  been  . 
denied  the  privilege  of  entering  such  port  or  ports,  place 
or  pliices,  in  the  same  manner  and  under  the  same  regu- 
lations as  may  exist  therein  applicable  to  trading  vessels 
of  the  most  favored  nation,  or  shall  l>e  unjustly  vexed  or 
harassed,  in  respect  thereof,  or  otherwise  be  unjustly 
vexed  or  harassed  therein,  or  shall  be  prevented  from 
purchasing  such  supplies  as  may  there  be  lawfully  sold  to 
ti-ading  vessels  of  the  most  favored  nation; 

Or  whenever  the  President  of  the  United  States  shall  be 
satisfied  that  any  other  vessels  of  the  United  States,  their 
masters  or  crews,  so  arriving  at  or  l)elng  in  such  British 
waters  or  ports  or  places  of  the  British  Dominions  of 
North  America,  are  or  then  latcdy  have  been  denied  any 
of  the  ])rivileges  therein  accorded  to  the  vessels,  their 


248  BUEEAU    OF    NAVIGATION 

masters  or  crews,  of  the  most  favored  nation,  or  unjustly 
vexed  or  harassed  in  respect  of  the  same,  or  unjustly  vexed 
or  harassed  therein  by  the  authorities  thereof,  then,  and 
in  either  or  all  of  such  cases: 

ve^se^ifof  Bluish      ^^  ^^^^'  ^^®  lawful,  and  it  shall  he  the  duty  of  the  Presi- 

America.  dent  of  the  United  States,  in  his  discretion,  by  proclama- 

tion to  that  effect,  to  deny  vessels,  their  masters  and  crews, 
of  the  British  Dominions  of  North  America,  any  entrance 
into  the  waters,  ports,  or  places  of,  or  within  the  United 
States  (with  such  exceptions  in  regard  to  vessels  in  distress, 
stress  of  weather,  or  needing  supplies  as  to  the  President 
shall  seem  proper),  whether  such  vessels  shall  have  come 
directly  from  said  dominions  on  such  destined  vo^-age  or 
by  way  of  some  port  or  place  in  such  destined  voyage  else- 
where, and  also  to  deny  entry  into  any  port  or  place  of 
the  United  States  of  fresh  fish  or  salt  lish  or  any  other 
product  of  said  dominions,  or  other  goods  coming  from 
said  dominions  to  the  United  States. 

The  President  may,  in  his  discretion,  apply  such  proc- 
lamation to  any  part  or  to  all  of  the  foregoing- named 
subjects,  and  may  revoke,  qualify,  limit,  and  renew  such 
proclamation  from  time  to  time  as  he  ma}"  deem  necessar}^ 
to  the  full  and  just  execution  of  the  purposes  of  this  act. 
Violation  of     Evcry  violation  of  any  such  proclamation,  or  any  part 

[amation"  '^""^  thereof,  is  hereby  declared  illegal,  and  all  vessels  and  goods 
so  coming  or  being  within  the  waters,  ports,  or  places  of  the 
United  States  contrary  to  such  proclamation  shall  be  for- 
feited to  the  United  States;  and  such  forfeiture  shall  be 
enforced  and  proceeded  upon  in  the  same  manner  and  with 
the  same  effect  as  in  the  case  of  vessels  or  goods  whose 
importation  or  coming  to  or  being  in  the  waters  or  ports  of 
the  United  States  contrary  to  law  may  now  be  enforced 
and  proceeded  upon. 

Every  person  who  shall  violate  any  of  the  provisions  of 
this  act,  or  such  proclamation  of  the  President  made  in 
pursuance  hereof,  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  on  conviction  thereof,  shall  ])e  punished  by  a  fine  not 
exceeding  one  thousand  dollars,  or  ])y  imprisonment  for  a 
term  not  exceeding  two  years,  or  by  both  said  punishments, 
in  the  discretion  of  the  court. 

^P'''^''!™!"?^?!?     With  a  view  of  securing  reciprocal  advantages  for  the 

o  n    o  a  11  a  a  1  a  n     .    .  »       ,       i       x  t     •        i     ' '  i 

canals.  citizcus,  ports,  and  vessels  of  the  United  States,  on  and 

{^r^stai.lae?'.)  after  the  first  day  of  August,  eighteen  hundred  and  ninety- 
two,  whenever  and  so  often  as  the  President  shall  be 
satisfied  that  the  passage  through  any  canal  or  lock  con- 
nected with  the  navigation  of  the  Saint  Lawrence  River, 
the  Great  Lakes,  or  the  water  wavs  connecting  the  same, 
of  any  vessels  of  the  United  States,  or  of  cargoes  or  pas- 
sengers in  transit  to  any  port  of  the  United  States,  is 
prohibited  or  is  made  diflicult  or  burdensome  by  the  impo- 
sition of  tolls  or  otherwise  which,  in  view  of  the  free 
passage  through  the  Saint  Marys  Falls  Canal,  now  per- 
mitted to  vessels  of  all  nations,  he  shall  deem  to  l)e  recip- 
rocally unjust  and  unreasonable,  he  shall  have  the  power, 
and  it  shall  be  his  duty,  to  suspend  by  proclamation  to 


BUREAU    OF   NAVIGATION  249 

that  oiVoct,  for  such  time  und  to  such  extent  (including 
;il)solute  ])rohihiti()n)  as  he  shall  deem  just,  th(>  ri<^ht  of 
tree  j)assat>e  throuj>h  the  Saint  Marvs  Falls  Canal,  so  far 
as  it  relates  to  vessids  owned  by  the  subjects  of  the  govorn- 
nient  so  discriminatiug  aoalnst  the  citizens,  ports,  or  ves- 
sels of  the  Ignited  Stiites,  or  to  any  cargoes,  portions  of 
cargoes,  or  passengers  in  transit  to  the  ports  of  the  gov- 
ernment making  such  discrimination,  Avhether  carried  in 
vessels  of  the  United  States  or  of  other  nations. 

In  such  case  and  during  such  suspension  tolls  shall  be 
levied,  collected,  and  paid  as  follows,  to  wit: 

Upon  freight  of  whatever  kind  or  description,  not  to^^^^^^'*"'''^^^"" 
exceed  two  dollars  per  ton;  upon  passengers,  not  to  exceed 
Hve  dollars  each,  as  shall  be  from  time  to  time  determined 
by  the  President: 

FrorUhd^  That  no  tolls  shall  be  charged  or  collected  upon 
freight  or  passengers  carried  to  and  landed  at  Ogdensburg, 
or  any  ])ort  west  of  Ogdensburg,  and  south  of  a  line  drawn 
from  the  northern  boundary  of  the  State  of  New  York 
through  the  Saint  Lawrence  Kiver,  the  Great  Lakes,  and 
their  connecting  channels  to  the  northern  boundary  of  the 
State  of  ^Minnesota. 

All  tolls  so  charged  shall  be  collected  under  such  regula-  .Toil  regula- 
tions as  shall  be  prescri))ed  l)y  the  Secretary  of  Commerce  ".vo;  2. 
and  Lal)or,  who  may  require  the  master  of  each  vessel  to    f:^{^tat^''s^i)) 
furnish  a  sworn  statement  of  the  amount  and  kind  of  cargo    ^f^- 10. 
and  the  iuim])er  of  passengers  carried  and  the  destination 
of  the  same,  and  such  proof  of  the  actual  delivery  of  such 
cargo  or  passengers  at  some  port  or  place  wnthiu  the  limits 
al)Ove  named  as  he  shall  deem  satisfactory;  and  until  such 
proof  is  furnished  such  freight  and  passengers  mav  be 
considered  to  have  been  landed  at  some  port  or  place  out- 
side of  those  limits,  and  the  amount  of  tolls  which  would 
have  accrued  if  they  had  l)een  so  delivered  shall  constitute 
a  lien,  which  may  ])e  enforced  against  the  vessel  in  default 
wherever  and  whenever  found  in  the  waters  of  the  United 
States. 

No  goods,  wares,  or  merchandise,  unless  in  cases  pro-,.^'^^^^^^  of  na- 

•  -I     I     ,>         ,  1      11    1         •  1     •  1         rT    •       1  tions  not  assimi- 

vided  tor  by  treaty,  shall  be  imported  mto  the  Unitediiued  by  treaty  to 
States  from  an^^  foreign  port  or  place,  except  in  vessels  sVisf'^'''*"    ^^^ 
of  the  United  States,  or  in  such  foreign  vessels  as  truly    jjiif'^f^Jggj 
and  wholly  lielong  to  the  citizens  or  subjects  of  that  coun-    (.w  W., -'jo.') 
try  of  wliich  the  goods  are  the  growth,  production,  or    ■^"'•~^- 
manufacture,  or  from  which  such  goods,  wares,  or  mer- 
chandise can  only  be,  or  most  usually  are,  tirst  shipped 
for   transportation.     xVU   goods,   wares,   or   merchandise 
imported  contrar}'  to  this  section,  and  the  vessel  wherein 
the  same  shall    be   imported,  together   with   her   cargo, 
tackle,  apparel,  and  furniture,  shall  be  forfeited  to  the 
United  States;  and  such  goods,  wares,  or  merchandise, 
ship,  or  vessel,  and  cargo  shall  ])e  liable  to  be  seized,  pros- 
ecuted, and  condenmed   in   like  manner,   and  under  the 
same  regulations,  restrictions,  and  provisions  as  have  been 
heretofore  established  for  the  reco^'erv,  collection,  distri- 


250  BUREAU    OF    NAVIGATION 

hution,  and  remission  of  forfeitures  to  the  United  States 
"by  the  several  revenue  laws. 
Sec.  u.  The  preceding^  section  shall   not   appl}-  to  vessels   or 

goods,  wares,  or  merchandise  imported  in  vessels  of  a 
foreign  nation  which  does  not  maintain  a  similar  regula- 
tion against  vessels  of  the  United  States. 
diuies"™'"'^^'"^     ^  discriminating  duty  of  ten  per  centum  ad  valorem,  in 
R.  s.,  2S02.       addition  to  the  duties  imposed  by  law,  shall  be  levied,  col- 
fas  sal',  55a)   lected,  and  paid  on  all  goods,  wares,  or  merchandise  which 
Sec.  u.  shall  be  imported  in  ^'essels  not  of  the  United  States;  but 

this  discriminating  duty  shall  not  apply  to  goods,  wares,^ 
Jviy2h,i897.  and  merchandise  which  shall  be  imported  in  vessels  notot 
(30 stai.,209.)  ^j^g  United  States,  entitled,  by  treaty  or  any  Act  of  Con- 
gress, to  be  entered  in  the  ports  of  the  United  States  on 
payment  of  the  same  duties  as  shall  then  be  paid  on  goods, 
wares,  and  merchandise  imported  in  vessels  of  the  United 
States. 
iso'stai^ml'.)  That  a  discriminating  duty  of  ten  per  centum  ad  valorem, 
Seen."  in  addition  to  the  duties  imposed  by  law,  shall  be  levied, 
collected,  and  paid  on  all  goods,  wares,  or  merchandise 
which  shall  be  imported  in  vessels  not  of  the  United  States, 
or  which  being  the  production  or  manufacture  of  any  for- 
eign country  not  contiguous  to  the  United  States,  shall  come 
into  the  United  States  from  such  contiguous  countrv;  but 
this  discriminating  duty  shall  not  apply  to  goods,  wares,  or 
merchandise  which  shall  be  imported  in  vessels  not  of  the 
United  States,  entitled  at  the  time  of  such  importation  by 
treaty  or  convention  to  be  entered  in  the  ports  of  the  United 
States  on  payment  of  the  same  duties  as  shall  then  be  pay- 
able on  goods,  wares,  and  merchandise  imported  in  vessels 
of  the  United  States,  nor  to  such  foreign  products  or 
manufactures  as  shall  be  imported  from  such  contiguous 
countries  in  the  usual  course  of  strictly  retail  trade.  [See 
opinion  Attorney-General,  September  20,  1897,  in  Treasury 
Decisions,  Synopses  18383,  18431,  and  18900,  and  General 
Appraisers,  18915.] 

SPECIAL    REGISTRY 

Paris  ^"'^  "^'"^  The  Secretary  of  Commerce  and  Labor  is  hereby  author- 
Mayio,  1S92.  ized  and  directed  to  grant  registers,  as  vessels  of  the  United 
^slc'.u^"~''^  States,  to  such  foreign-built  steamships  now  engaged  in 
freight  and  passenger  business,  and  sailing  in  an  established 
line  from  a  port  in  the  United  States,  as  are  of  a  tonnage  of 
not  less  than  eight  thousand  tons,  and  capable  of  a  speed 
of  not  less  than  twenty  knots  per  hour,  according  to  the 
existing  method  of  Government  test  for  speed,  of  which 
not  less  than  ninety  per  centum  of  the  shares  of  the  capital 
of  the  foreign  corporation  or  association  owning  the  same 
was  owned  January  tirst,  eighteen  hundred  and  ninety, 
and  has  continued  to  be  owned  until  the  passage  of  this 
act  by  citizens  of  the  United  States,  including  as  such 
citizens  corporations  created  under  the  laws  of  any  of  the 
States  thereof,  upon  the  American  owners  of  such  majority 
interest  obtaining  a  full  and  complete  transfer  and  title  k) 


BUREAU    OF   NAVIGATION  251 

such  stoanisliips  from  tln^  foroion  corporations  ownino-  tho 
siiino:  Procidid^  That  such  Aiuoricaii  owners  shall,  subsc- 
([uont  to  the  date  of  this  law,  have  built,  or  have  con- 
tracted to  build,  in  American  shipyards,  steamships  of  an 
•iwoietiate  tonnage  of  not  less  in  amount  than  that  of  the 
stt-aniships  so  admitted  to  reo-istr}'.  Each  steamship  so 
built  or  contracted  for  to  be  ol"  a  tonnage  of  not  less  than 
seven  thousand  tons. 
The  S(>cretarv  of  Commerce  and  I^abor,  on  beings  satis-    *c.  2. 

,.      1   ii      X  1       i.'  1   •  •         ^  \         K  •  •4.-  Feb.  l/„  100.1. 

hed  that  such  steamships  so  acciuired  t)y  American  citizens,  i.y  stat., >«».) 
or  by  such  corporation  or  corporations  as  above  set  forth,  ■^"'-  '"■ 
are  such  as  come  within  the  provisions  of  this  act,  and 
that  the  American  owners  of  such  steamships,  for  which 
an  American  reg'istry  is  to  be  granted  under  the  provisions 
hereof,  have  built  or  contracted  to  build  in  American  ship- 
yards steamships  of  an  aggregate  tonnage  as  set  forth  in 
the  tirst  section  hereof,  shall  direct  the  bills  of  sale  or 
transfer  of  the  foreign-built  steamships  so  acquired  to  be 
recorded  in  the  office  of  the  collector  of  customs  of  the 
proper  collection  district,  and  caused  such  steamships  to  be 
registered  as  vessels  of  the  United  States  b}^  said  collector. 

After  which,  each  of  such  vessels  shall  be  entitled  to  all 
the  rights  and  privileges  of  a  vessel  of  the  United  States, 
except  that  it  shall  not  be  employed  in  the  coastwise  trade 
of  the  United  States. 

No  further  or  other  inspection  shall  be  required  for  the  f,'^!Q^^^  ^if^- 
said  steamship  or  steamships  than  is  now  required  for  .vir.'^j.  "~" 
foreign  steamships  carrying  passengers  under  the  exist- 
ing laws  of  the  United  States,  and  a  special  certiticate  of 
inspection  may  be  issued  for  each  steamship  registered 
under  this  act;  and  before  issuing  the  resistry  to  any  such 
steamship  as  a  vessel  of  the  United  States  the  collector  of 
customs  of  the  proper  collection  district  shall  cause  such 
steamship  to  be  measured  and  described  in  accordance 
with  the  laws  of  the  United  States,  which  measurement 
and  description  shall  be  recited  in  the  certiticate  of  registry 
to  be  issued  under  this  act. 

Any  steamships  so  registered  under  the  provisions  of  this  see.  u. 
act  may  be  taken  and  used  by  the  United  States  as  cruisers 
or  transports  upon  payment  to  the  owners  of  the  fair  ac- 
tual valu«»  of  the  same  at  the  time  of  the  taking,  and  if  there 
shall  be  a  disagreement  as  to  the  fair  actual  value  at  the 
time  of  taking  between  the  United  States  and  the  owmers, 
then  the  same  shall  be  determined  by  two  impartial  ap- 
praisers, one  to  be  appointed  by  each  of  said  parties,  who, 
in  case  of  disagreement,  shall  select  a  third,  the  award  of 
any  two  of  the  three  so  chosen  to  be  final  and  conclusive. 

[Note. — The  application  of  this  act  was  limited  to  the 
Neiii  York  and  Parh.  no  other  vessels  meeting  these 
requirements.] 


252  BUEEAU    OF   NAVIGATION 

YACHTS 

Yachts  to  be     -pjjg  Secretary  of  Commerce  and  Labor  maN^  cause  yachts 
s.  s.,  'mu.      used  and  employed  exclusively  as  pleasure  vessels  or  de- 
fn'ktaL^m.)  signed  as  models  of  na\'al  architecture,  if  built  and  owned 
ifs'sm  ^f4')  ^'^  compliance  with  the  provisions  of  sections  forty-one 
Sec.  if "'  "  '    hundred  and  thirty-three  to  forty-one  hundred  and  thirty- 
five,  to  be  licensed  on  terms  which  will  authorize  them  to 
proceed  from  port  to  port  of  the  United  States,  and  b}^ 
sea  to  foreign  ports,  without  entering  or  clearing  at  the 
custom  house,  such  license  shall  be  in  such  form  as  the 
Secretary  of  Commerce  and  Labor  may  prescri])e.     Such 
vessels,  so  enrolled  and  licensed,  shall  not  be  allowed  to 
transport  merchandise  or  carrv  passengers  for  pay.     Such 
vessels  shall  have  their  name  and  port  placed  on  some  con- 
spicuous portion  of  their  hulls.     Such  vessels  shall,  in  all 
respects,  except  as  above,  be  subject  to  the  laws  of  the  United 
States,  and  shall  ))e  liable  to  seizure  and  forfeiture  for  any 
violation  of  the  provisons  of  this  title  [K.S., 4131-43051. 
Yachts  not  to     No  licensed  yacht  shall  engage  in  any  trade,  nor  in  any 
^^^R\.mi..       way  violate  the  revenue  laws  of  the  United  States;  and 
Mar.'s"i88s.     evcry  such  yacht  shall  comply  with  the  laws  in  all  respects. 
fait%'.'i895:    An}^  master  or  owner  violating  the  provisions  of  this  or  the 
^ecs^f'i^^^'''   preceding  section  shall  be  liable  to  the  penalty  of  two  hun- 
dred dollars,  in  addition  to  any  other  penalty  imposed  by 
law.     The  Secretary  of  Commerce  and  Lalior  shall  have 
power  to  remit  or  mitigate  any  such  penalty  if  in  his  opinion 
it  was  incurred  without  negligence  or  intention  of  fraud. 
R.  s.,  mn.  For  the  identification  of  yachts  and  their  owners,  a  com- 

mission to  sail  for  pleasure  in  any  designated  yacht  belong- 
ing to  any  regularly  organized  and  incorporated  yacht 
club,  stating  the  exemptions  and  privileges  enjoyed  under 
it,  may  be  issued  by  the  Secretary  of  Commerce  and  Labor, 
and  shall  be  a  token  of  credit  to  any  United  States  official, 
and  to  the  authorities  of  any  foreign  power,  for  privileges 
enjoyed  under  it. 
Yacht  signals.      ^H  such  licensed  3"achts  shall  use  a  signal  of  the  form, 
"  ~  '''       size,  and  colors  prescribed  by  the  Secretary  of  the  Navy; 
and  the  owners  thereof  shall  at  all  times  permit  the  naval 
architects  in  the  employ  of  the  United  States  to  examine 
and  copy  the  models  of  such  yachts. 
.courtes>^tofor-     Yachts,  belonging  to  a  regularly  organized  yacht  club 
^'^"sm^s/c.      of  any  foreign  nation  which  shall  extend  like  privileges  to 
the  yachts  of  the  United  States,  shall  have  the  privilege  of 
entering  or  leaving  any  port  of  the  United  States  without 
entering  or  clearing  at  the  custom-house  thereof  or  paying 
Feb.  5, 1897.      tonnage  tax:  Provided,  That  the  privileges  of  this  section 
(29SM.,.^n.)   sjiall  not  extend  to  any  yacht  built  outside  of  the  United 
States  and  owned,  chartered,  or  used  by  a  citizen  of  theUnited 
States,  unless  such  ownership  or  charter  was  acquired  prior 
to  the  passage  of  this  Act.     [See  also  Tonnage  Tax.] 
Entry     of     Evcry  j^acht visiting  a  foreign  country  under  the  provi- 
^^iLS.',  /,2is.      sions  of  the  four  preceding  sections  shall,  on  her  return  to 
the  United  States,  make  due  entry  at  the  custom-house  of 
the  port  at  which,  on  such  return,  she  shall  arrive. 


BUREAU    OF   NAVIGATION 


253 


F(h.  ;/,,  ;.'y(>.!. 
Sec.  10. 


SURVEYOR    ]MAV    LICENSE   VESSEL 

Tho  Secri'tarv  of  Comiueive  and  Lalxn-  may  authorize  ^,,^,"^^^;j^^^."^^*"^"" 
tho  surveyor  ot"  any  })ort  of  delivery,  under  sueh  reo'ula- 
tions  as  he  shall  deem  necessary,  to  enroll  and  license 
vessels  to  he  employed  in  tlie  coast inji-trade  and  fisheries, 
iu  liUe  manner  as  collectors  of  jwrts  of  entry  are  author- 
ized to  do. 

EKTRY   AND   CLEARANCE 

"  The  master  or  person  having-  the  charg-c  or  command  of    ^''^^v'"""^-- 
anv  vessel  bound  to  a  foreign  j)oi't.  shall  deliver  to  the    Apr'.yj,  1902. 
collector  of  the  district  from  which  such  vessel  is  about  to    (•'-*'"'•- ^'~-) 
depart,  a  manifest  of  all  the  cargo  on  board  the  same,  and 
the  value  thereof,  by  him  subscribed,  and  shall  swear  to  the 
truth  thereof;  "svhereupon  the  collector  shall  grant  a  clear- 
ance for  such  vessel  and  her  cargo,  but  without  specifying 
the  particulars  thereof  in  the  clearance,  unless  required  b}^ 
tlie  master  or  other  person  having  the  charge  or  command 
of  such  vessel  so  to  do.     If  any  vessel  bound  to  a  foreign 
port  departs  on  her  voyage  to  such  foreign  port  without 
delivering  such  manifest  and  obtaining  a  clearance,   as 
hereby  required,  the  master  or  other  person  having  the 
charge  or  command  of  such  vessel  shall  be  liable  to  a  pen- 
alty of  live  hundred  dollars  for  every  such  ofiense. 

The  oath  to  ])e  taken  by  the  master  or  commander  of  the 
vessel  shall  be  as  follows:  ' 


District  of 

1.  (insert  the  name),  master  or  commander  of  the  (insert 
the  denomination  and  name  of  the  vessel),  bound  from  the 
port  of  (insert  the  name  of  the  port  or  place  sailing  from) 
to  (insert  the  name  of  the  port  or  place  bound  to,)  do  sol- 
enmly,  sincerely,  and  truly  swear  (or  affirm,  as  the  case 
may  ])e)  thtit  the  manifest  of  the  cargo  on  board  the  said 
(insei-t  denomination  and  name  of  the  vessel),  now  deliv- 
ered ])y  me  to  the  collector  of  this  district,  and  subscribed 
with  my  name,  contains,  according  to  the  best  of  m}^ 
knowledge  and  belief,  a  full,  just,  and  true  account  of  all 
the  goods,  w'ares,  and  merchandise  now  actually  laden  on 
l)oard  the  said  vessel,  and  of  the  value  thereof;  and  if  any 
other  goods,  wares,  or  merchandise  shall  })e  laden  or  put 
on  board  the  said  (insert  denomination  and  name  of  vessel) 
previous  to  her  sailing  from  this  port,  1  will  immediately 
report  the  same  to  the  said  collector.  1  do  also  swear  (or 
allirm)  that  1  verily  believe  the  duties  on  all  the  foreign 
merchandise  therein  specitied  have  been  paid  or  secured, 
according  to  law.  and  that  no  part  thereof  is  intended  to 
be  relanded  within  the  United  States,  ajid  that  if  by  dis- 
tress or  other  unavoidable  accident  it  shall  become  neces- 
sary to  leland  the  same,  I  will  forthwith  make  a  just  and 
true  report  thereof  to  the  collector  of  the  customs  of  the 
district  wherein  such  distress  or  accident  may  happen.  So 
helj)  me  God. 


Master's  oath. 
E.  S.,  l,19S. 
Apr.  29,  1902. 
{32  Stat,  172.) 


oSee  amendment  April  29,  1902,  on  page  255. 


254 


BUKEAU    OF    NAVIGATION" 


wSd  manifest."      '^'^^°  fonu  of  the  report  and  nuuiifest  to  be  delivered  to 
J?,  .s.,  1,199.'      the  collector  shall  be  as  follows: 

Apr.  29,  1902. 

Report  and  manifest  of  the  cargo  laden  at  tlie  port  of  ,  on 

board  the  ,  ,  master,  bound  for 

port 


Marks. 


Numbers. 


Packages  or  arti- 
cles in  bulk. 


Contents  or  quan- 
tities. 


Value  at  the  port 
of  exportation. 


Ti.  .S'.,  /,200. 
Apr.  29,  1902. 
(32  Slat.,  172.) 


Form  of  clear- 
ance. 
R.  ».,  1.201. 
Apr.  29,  1902. 
(32Siat.,  172.) 


Before  a  clearance  shall  be  granted  for  any  vessel  bound 
to  a  foreign  port,  the  owners,  shippers,  or  consignors  of 
the  cargo  of  such  vessel  shall  deliver  to  the  collector  mani- 
fests of  the  cargo,  or  the  parts  thereof  shipped  bv  them 
respectively,  and  shall  verify  the  same  ))y  oath.  Such 
manifests  shall  specify  the  kinds  and  quantities  of  the 
articles  shipped  respectively,  and  the  value  of  the  total 
quantity  of  each  kind  of  articles;  and  the  oath  to  each 
manifest  shall  state  that  it  contains  a  full,  just,  and  true 
account  of  all  articles  laden  on  board  of  such  vessel  by 
the  owners,  shippers  or  consignors,  respectively,  and 
that  the  values  of  such  articles  are  truly  stated,  according 
to  their  actual  cost,  or  the  values  which  they  truly  bear  at 
the  port  and  time  of  exportation.  And  ])efore  a  clearance 
shall  be  granted  for  any  such  vessel,  the  master  of  that 
vessel,  and  the  owners,  shippers,  and  consignors  of  the 
cargo,  shall  state,  upon  oath,  to  the  collector,  the  foreign 
port  or  country  in  which  such  cargo  is  truly  intended  to 
be  landed.  The  oaths  shall  be  taken  and  subscribed  in 
writing. 

The  form  of  a  clearance,  to  be  granted  to  a  ship  or  vessel 
on  her  departure  to  a  foreign  port  or  place,  shall  be  as 
follows : 


District  of 

Port  of 


state     inspec 
tion  laws. 
Jt.  i>.,  1,202. 
Apr.  29,  1902. 
(32  Stat.,  172.) 


ss. 


or 


These  are  to  certify  all  whom  it  doth  concern,  that 
master  or  commander  of  the  ,  burden  ton 

thereabouts,  mounted  Avith  gwis,  navigated  with 

men,  built,  and  bound  for         ,  having  on  board         , 

hath  here  entered  and  cleared  his  said  vessel  according  to 
law.  Given  under  our  hands  and  seals,  at  the  custom-house 
of  ,  this  day  of  ,  one  thousand  ,  and 

in  the  year  of  the  Independence  of  the  United  States 

of  America. 

The  collectors  and  other  officers  of  the  customs  shall  pay 
due  regard  to  the  inspection  laws  of  the  States  in  which 
they  may  respectively  act,  in  such  manner  that  no  vessel 
having  on  board  goods  liable  to  inspection  shall  be  cleared 
until  the  master,  or  other  proper  person,  shall  have  pro- 
duced such  certiticate  that  all  such  goods  have  been  duly 


BITREAU    OF    NAVIGATION  255 

inspected,  us  tlie  laws  of  the  respective  States  may  require 
to  l)e])n)(luc('(l  to  collei-tors  or  otiier  oiHcers  of  tiie  customs. 

"The  provisions  of  sectious  four  thousand  one  hundred    Manifests   in 

d,       ■•  ii  J   J.  1  1        1     •        I        •  Alaskun  uiid  iu- 

innetv-seven  to  tour  tliousand  two  hundred,  inclusive,  suinr  tr.uius. 

of  the  Revised  Statutes  of  the  United  States,  requiring    f^htai,l^^,) 
statements  of  quantity  and  value  of  j^'oods  carried  by  ves-    Feb.  n.'ms' 
sels  cUnirinu-  from  the  United  States   to   foreiii'n   ports,    secs".?,'^. 
shall  l)e  extendinl  to  and  govern,  under  such  regulations  as 
the  Secretary  of  Commerce  and  Lal»or  shall  prescribe,  in 
the  tra(h>  l)etween  the  Ignited  Statesand  Hawaii.  Porto  Rico, 
Alaska,  the  Philippine  Islands,  (Tuam,  and  its  other  non- 
contiguous territt)rv,  and  shall  also  govern  in  the  trade 
conducted  between  said  islands  and  territory,  and  in  ship- 
ments f  I'om  said  islands  or  territory  to  other  parts  of  the 
United  States:  Provided^  That  this  law  shall  not  apply  in 
the  Philippine  Islands  during  such  time  as  the  collectors 
of  customs  of  those  islands  are  under  the  jurisdiction  of 
the  ^Var  l)c[)artment. 

-  All  vessels  l)elonging  to  citizens  of  the  United  States,  buihou  and 
and  bound  from  any  port  in  the  Ignited  States  to  any  other  '^ r.'s.,  utou. 
port  therein,  or  to  any  foreign  port,  or  from  any  foreign  port 
to  any  port  in  the  United  States,  shall,  before  clearance, 
receive  on  board  aH  such  bullion,  coin,  United  States  notes 
and  bonds  and  other  securities,  as  the  Government  of  the 
United  States  or  any  department  thereof,  or  any  minister, 
consul,  vice-consul,  or  commercial  or  other  agent  of  the 
United  States  abroad,  shall  oti'er,  and  shall  securel}'  con- 
vey and  promptly  deliver  the  same  to  the  proper  authori- 
ties or  consignees,  on  arriving  at  the  port  of  destination; 
and  shall  receive  for  such  service  such  reasonable  compen- 
sation as  may  be  allowed  to  other  carriers  in  the  ordinary 
transactions  of  business. 

Collectors  of  the  collection-districts  within  the  States  of  ^  Live-oak   tim- 
Florida,  Alabama,  Mississippi,  and  Louisiana,  before  allow-    r.  s.,  1,205. 
ing  a  clearance  to  any  vessel  laden  in  whole  or  in  part  with 
live-oak  timber,  shall  ascertain  satisfactorily  that  such  tim- 
ber was  cut  from  private  lands,  or,  if  from  pul)lic  lands, 
by  cons(Mit  of  the  Department  of  the  Navy. 

Previous  to  a  clearance  being  granted  to  any  vessel,  out-    J^^^^-  ^^^^ 
ward  bound,  the  legal  fees  which  shall  have  accrued  on    Jiinei9,iss6. 
such  vessel  shall  l)e  paid  at  the  offices  where  such  fees  are    ^^^    "'"  ^'''^ 
respectively  payal)le;  and  receipts  for  the  same  shall  be 
produced  to  the  collector  or  other  officer  whose  duty  it  may 
he  to  grant  cleaiances,  before  a  clearance  is  granted. 

Whenever  any  clearance  is  granted  to  any  vessel  of  the  ^•^■-'•-o^- 
United  States,  duly  registered  as  such,  and  bound  on  any 
foreign  voyage,  the  collector  of  the  district  shall  annex 
thereto,  in  every  case,  a  copy  of  the  rates  or  taritis  of  fees 
which  diplomatic  and  consular  officers  are  entitled,  by  the 
regulations  prescribed  l)y  the  President,  to  receive  for  their 
services. 

If  anv  vessel,  enrolled  or  licensed,  shall  proceed  on  a  for-    Enrolled   and 

_:  *  •,!         J.    1-      ^        •     •  1  II  i.  1  licensed    vessels 

eign  vovage,  without  first  giving  up  lier  enrollment  and  in  foreign  trade. 

1__ R.  S.,  1,337. 

aR.  S.  4197  et  seq.,  page  253. 


25G  BUREAU    OF    NAVIGATION 

licen.se  to  the  collector  of  the  district  comprehending  the 
port  from  which  she  is  about  to  proceed  on  such  vo3'age, 
and  being-  duly  registered  by  such  collector,  every  such 
vessel,  together  with  her  tackle,  apparel,  and  furniture, 
and  the  merchandise  so  imported  therein,  shall  be  liable  to 
seizure  and  forfeiture. 

li.  s.,  US38.  If  the  port  from  which  any  vessel,  so  enrolled  or  licensed 

is  about  to  proceed  on  a  foreign  voyage,  is  not  within  the 
district  where  such  vessel  is  enrolled,  the  collector  of  such 
district  shall  give  to  the  master  of  such  vessel  a  certificate, 
specif}' ing  that  the  enrollment  and  license  of  such  vessel 
has  been  received  by  him,  and  the  time  when  it  was  so 
received;  which  certiticate  shall  afterward  be  delivered 
by  the  master  to  the  collector  who  ma}^  have  granted  such 
enrollment  and  license. 

Permii^  to  Whenever  a,n3"  vcsscl,  licensed  for  carrying  on  thetishery, 
*"^? s^m^**^*'" i*^  intended  to  touch  and  trade  at  any  foreign  port,  it  shall 
be  the  duty  of  the  master  or  owner  to  obtain  permission 
for  that  purpose  from  the  collector  of  the  district  where 
such  vessel  ma}^  be,  previous  to  her  departure,  and  the 
master  of  ever}^  such  vessel  shall  deliver  like  manifests, 
and  make  like  entries,  both  of  the  vessel  and  of  the  mer- 
chandise on  ])oard,  within  the  same  time,  and  under  the 
same  penalty,  as  are  by  law  provided  for  vessels  of  the 
United  States  arriving  from  a  foreign  port. 

R. ».,  US65.  Whenever  a  vessel,  licensed  for  carrjing  on  the  fisheries, 

is  found  within  three  leagues  of  the  coast,  with  merchan- 
dise of  foreign  growth  or  manufacture,  exceeding  the  value 
of  five  hundred  dollars,  without  having  such  permission  as 
is  directed  by  the  preceding  section,  such  vessel,  together 
with  the  merchandise  of  foreign  growth  or  manufacture 
imported  therein,  shall  be  subject  to  seizure  and  forfeiture. 

Oath  of  owner-  Upou  the  entry  of  ever}^  vessel  of  the  United  States  from 
^"^il!  &!  i"/r ■  any  foreign  port,  if  the  same  shall  be  at  the  port  at  which 
the  owner  or  any  of  the  part  owners  reside,  such  owner  or 
part  owner  shall  make  oath  that  the  register  ©f  such  vessel 
contains  the  name  or  names  of  all  the  persons  who  are  then 
owners  of  the  vessel;  or  if  any  part  of  such  vessel  has  been 
sold  or  transferred  since  the  granting  of  such  register  that 
such  is  the  case,  and  that  no  foreign  subject  or  citizen  has, 
to  the  best  of  his  knowledge  and  belief,  any  share,  hy  way 
of  trust,  confidence,  or  otherw^ise,  in  such  vessel.  If  the 
owner  or  any  part  owner  does  not  reside  at  the  port  at 
which  such  vessel  enters,  the  master  shall  make  oath  to  the 
like  effect.  If  the  owner,  or  part  owner,  where  there  is  one, 
or  the  master,  where  there  is  no  owner,  refuses  so  to  swear, 
such  vessel  shall  not  be  entitled  to  the  privileges  of  a  vessel 
of  the  United  States. 

R.  s.,  une.  Upon   the  entry  of   every   such    [unreg'istered  vessel, 

owned  by  citizens  of  the  United  States,  and  carrying  a 
sea-letter,  or,  other  regular  document,  issued  from  a 
custom  house  of  the  United  States,  proving  the  vessel  to 
be  American  property]  vessel  from  any  foreign  port,  if 
the  same  shall  be  at  the  port  at  which  the  owner  or  any  of 
the  part  owners  reside,  such  owner  or  part  owner  shall 


BUREAU    OF    NAVIGATION  257 

make  oath  that  the  sea  letter  or  other  regular  document 
possessed  l)y  .such  vessel  contains  the  name  or  names  of 
all  the  persons  who  arc  then  the  owners  of  the  vessel;  or 
if  an}'  part  of  such  vessel  has  l)ccn  sold  or  transferred 
since  the  date  of  such  sea-letter  or  document,  that  such  is 
the  case,  and  that  no  foreio-n  subject  or  citizen  has,  to  the 
best  of  his  knowledi'"e  and  btdicf,  any  share,  by  wa}'  of 
trust,  conlidence,  or  otherwise,  in  such  vessel.  If  the 
owner  or  any  part  owner  does  not  reside  at  the  port  or 
place  at  which  such  vessel  shall  enter,  then  the  master 
shall  make  oath  to  the  like  effect.  If  the  owner  or  part 
owner,  where  there  is  one,  or  the  master,  where  there  is 
no  owner,  shall  refuse  to  so  sweai',  such  vessel  shall  not 
be  entitled  to  the  privileges  granted  by  this  section. 

The  register,  or  other  document  in  lieu  thereof,  together  ^„^i'P*'''''*  °^  p*^- 
with  the  clearance  and  other  papers  granted  by  the  othcers  a'.  v.,  2790. 
of  the  customs  to  a  vessel  at  her  departure  from  the  port 
from  whence  she  ma}^  have  arrived,  Mediterranean  pass- 
ports excepted,  shall  previous  to  entry  be  produced  to  the 
collector  with  whom  such  entr}'  is  to  be  made,  and  shall 
remain  in  his  office;  and  on  the  clearance  of  such  vessel 
the  register  and  other  documents  shall  be  returned  to  the 
master  or  owner  of  such  vessel. 

The  register,  or  other  document  in  lieu  thereof,  together  ^-  ^-^  ''^^^• 
with  the  clearance  and  other  papers  granted  Iw  the  officers 
of  the  customs  to  any  foreign  vessel,  at  her  departure  from 
the  port  from  which  she  may  have  arrived,  shall,  previous 
to  entr}'  in  any  port  of  the  United  States,  be  produced  to 
the  collector  with  Avhom  such  entry  is  to  l)e  made.  It  shall 
be  the  duty  of  the  master,  within  forty-eight  hours  after 
such  entry,  to  deposit  the  papers  with  the  consul  or  vice- 
consul  of  the  nation  to  which  the  vessel  belongs,  and  to 
deliver  to  the  collector  the  certiticate  of  such  consul  or  vice- 
consul  that  the  papers  have  ])eeji  so  deposited.  Every 
master  who  fails  to  comply  Avith  this  regulation  shall  be 
punishal)le  h\  a  tine  of  not  less  than  li\'e  hundred  dollars, 
nor  more  than  two  thousand  dollars. 

The  preceding  section  shall  not  extend  to  the  vessels  of    ^-  '^-  '''^^''• 
foreign  nations  in  whose  ports  American  consuls  are  not 
permitted  to  have  the  custody  and  possession  of  the  regis- 
ter and  other  papers  of  vessels  entering  the  ports  of  such 
nation. 

It  shall  not  be  lawful  for  any  foreign  consul  to  deliver  to  „,^°djfivery ''Cf 
the  master  of  anv  foreign  vessel  the  register  and  other  papers. 
papers  deposited  with  him  pursuant  to  the  provisions  of 
the  preceding  section,  until  such  master  shall  produce  to 
him  a  clearance  in  due  form  from  the  collector  of  the  port 
where  such  vessel  has  been  entered.  Any  consul  offending 
against  the  provisions  of  this  section  shall  be  lined  not  less 
than  live  hundred  dollars  nor  more  than  live  thousand.  consular  serv- 

It  shall  be  the  duty  of  all  masters  of  vessels  for  whom  ices,    statement 
any  official  services  shall  be  ])erf()rmed  by  any  consular  °  jj.s.,  4215. 
officer,  without  the  payment  of  a  fee,  to  re([uire  a  written    '[^sstai.!!^) 
statement  of  such  services  from  such  consular  officer,  and,    sec.'is.'' 
27628—04 17 


258  BUREAU    OF    NAVIGATION 

after  certifjdng  as  to  whether  such  statement  is  correct,  to 
furnish  it  to  the  collector  of  the  district  in  which  such  ves- 
sels shall  first  arrive  on  their  return  to  the  United  States; 
and  if  any  such  master  of  a  vessel  shall  fail  to  furnish  such 
statement,  he  shall  be  liable  to  a  fine  of  not  exceeding  fifty 
dollars,  unless  such  master  shall  state  under  oath  that  no 
such  statement  was  furnished  him  by  said  consular  ofiicer. 
And  it  shall  be  the  duty  of  ever}^  collector  to  forward  to 

F€b.u,i9o.K     the  Secretary  of  the  Treasury  all  such  statements  as  shall 

Sec.  10.''  ~  '  have  been  furnished  to  him,  and  also  a  statement  of  all 
certified  invoices  which  shall  have  come  to  his  oflice,  giving 
the  dates  of  the  certificates,  and  the  names  of  the  persons 
for  whom  and  of  the  consular  officer  b}^  whom  the  same 
were  certified. 

War  doeu-  Evcry  vcsscl  of  the  United  States,  going  to  any  foreign 
Sa"ieuer^°"''''  couutry,  shall,  before  she  departs  from  the  United  States, 

J?,  s.,  /,30G.  j^t  the  rec{uest  of  the  master,  be  furnished  by  the  collector 
for  the  district  where  such  vessel  maj^  be,  with  a  passport, 
the  form  for  which  shall  be  prescribed  by  the  Secretarj^  of 
State.  In  order  to  bo  entitled  to  such  passport,  the  mas- 
ter of  every  such  vessel  shall  be  bound,  with  sufficient  sure- 
ties, to  the  Treasurer  of  the  United  States,  in  the  penalty 
of  two  thousand  dollars,  conditioned  that  the  passport 
shall  not  be  applied  to  the  use  or  protection  of  any  other 
vessel  than  the  one  described  in  it;  and  that,  in  case  of 
the  loss  or  sale  of  any  vessel  having  such  passport,  the 
same  shall,  within  three  months,  be  delivered  up  to  the 
collector  from  whom  it  was  received,  if  the  loss  or  sale 
take  place  within  the  United  States;  or  within  six  months, 
if  the  same  shall  happen  at  an}'  place  nearer  than  the  Cape 
of  Good  Hope;  and  within  eighteen  months,  if  at  a  more 
distant  place. 

B.s.,/.307.  If  any  vessel  of  the  United  States  shall  depart  there- 

from, and  shall  be  bound  to  any  foreign  country',  other 
than  to  some  port  in  America,  without  such  passport,  the 
master  of  such  vessel  shall  be  liable  to  a  penalty  of  two 
hundred  dollars  for  every  such  offense. 

E.s.,/,3os.  Every  unregistered  vessel  owned  l)v  a   citizen   of   the 

United  States,  and  sailing  with  a  sea-letter,  going  to  any 
foreign  countr}',  shall,  before  she  departs  from  the  United 
States,  at  the  request  of  the  master,  be  furnished  by  the 
collector  of  the  district  where  such  vessel  may  be  with  a 
passport,  for  which  the  master  shall  be  subject  to  the  rules 
and  conditions  prescribed  for  vessels  of  the  United  States. 

Deposit  with  Evcry  master  of  a  vessel,  belonging  to  citizens  of  the 
''T]?.°I]'o9^''''"  United  States,  Avho  shall  sail  from  any  port  of  the  United 
States,  shall,  on  his  arrival  at  a  foreign  port,  deposit  his 
register,  sea-letter,  and  Mediterranean  passport  with  the 
consul,  vice-consul,  commercial  agent,  or  vice-commercial 
agent,  if  any  there  be  at  such  port;  and  it  shall  be  the 
duty  of  such  consul,  vice-consul,  commercial  agent,  or 
vice-commercial  agent,  on  such  master  or  commander  pro- 
ducing to  him  a  clearance  from  the  proper  officer  of  the 
port  where  his  vessel  may  be,  to  deliver  to  the  master  all 


BUREAU    OF   NAVIGATION  259 

of  his  pupei'ts,  if  such  master  or  commander  has  complied 
Avith  the  provisions  of  law  relatin**-  to  the  discharg-e  of 
seamen  in  a  foreij^'n  country,  and  to  the  payment  of  the 
fees  of  consular  officers. 

Every  master  of  an_v  such  vessel  who  refuses  or  neg-lects    Penalty  for  not 
to  deposit  the  papers  as  required  by  the  preceding  section,  ^^^sHs'/o!^ 
shall  bo  liable  to  a  penalt}-  of  live  hundred  dollars,  to  be 
recovered  by  such  consul,  vice  consul,  commercial  agent, 
or  vice-commercial  agent,  in  his  own  name,  for  the  Ijenetit 
of  the  United  States,  in  an}"  court  of  competent  jurisdiction. 

Every  person  who,  not  ])eing  in  the  United  States  service,  in^^^ofvLsei"^'^*^" 
and  not  being  duh" autliorized  hy  law  for  the  purpose,  goes  -k.  s.,  me'. 
on  board  any  vessel  a1)out  to  arrive  at  the  place  of  her  des- 
tination, before  her  actual  arrival,  and  before  she  has  ])een 
completely  moored,  without  permission  of  the  master,  shall, 
for  every  such  offense,  be  punishable  by  a  tine  of  not  more 
than  two  hundred  dollars,  and  by  imprisonment  for  not 
more  than  six  months;  and  the  master  of  such  vessel  may 
take  any  such  person  so  going  on  ])oard  into  custody,  and 
deliver  him  up  forthwith  to  an}"  constable  or  police  officer, 
to  be  by  him  taken  before  any  justice  of  the  peace,  to  be 
dealt  with  according  to  the  provisions  of  this  Title  [R.  S., 

tl:5()l~l:(312]. 

The  Secretary  of  Commerce  and  Labor  is  hereby  author-  lauwif '"^'"''^''" 
ized  and  directed  to  prescribe  from  time  to  time  and  enforce  ' Mar.'ai,  woo. 
regidations  governing  the  boarding  of  vessels  arriving  at    Feb'^il'ms. 
the  seaports  of  the  United  States,  before  such  vessels  have    ,l,^f. '^J^'"'  '^"^'^ 
been  properly  inspected  and  placed  in  security,  and  for 
that  purpose  to  employ  any  of  the  officers  of  that  [or  Treas- 
ur}'j  Department. 

Each  person  violating  such  regulations  shall  l^e  subject    f^'^^fj:  ^^'^'^.■ 
to  a  penalty  of  not  more  than  one  luuidred   dollars  or    sec.'^. 
imprisonment  not  to  exceed  six  months,  or  both,  in  the 
discretion  of  the  court. 

This  Act  shall  be  construed  as  supplementary  to  section    *'<^<^-  ^• 
nine  of  chapter  three  hundred  and  seventy-four  of  the 
Statutes  of  eighteen  hundred  and  eighty  two,  and  section 
forty-six  hundred  and  six  of  the  Revised  Statutes. 

CUSTOMS   LAWS    WEECTLY    KELATING    TO   VESSELS 

It  shall  ])e  lawful  for  any  officer  of  the  customs,  includ-  seSI!"  ves^eL 
ing  inspectors  and  occasional  inspectors,  or  of  a  revenue-  ^-  *-  ^'^^^• 
cutter,  or  authorized  agent  of  the  Treasury  Department, 
or  other  person  specially  appointed  for  the  purpose  in 
writing  by  a  collector,  naval  officer,  or  surveyor,  to  gO' 
on  board  of  any  vessel,  as  well  without  as  within  his  dis- 
trict, and  to  inspect,  search,  and  examine  the  same,  and 
any  person,  trunk,  or  envelope  on  board,  and.  to  this  end 
to  hail  and  stop  such  vessel  if  under  way,  and  to  use  all 
necessary  force  to  compel  compliance;  and  if  it  shall  appear 
that  any  breach  or  violation  of  the  laws  of  the  United 


260  BUREAU    OF    NAVIGATION 

States  has  been  committed,  whereby  or  in  consequence  of 
which  such  vessel,  or  the  merchandise,  or  any  part  thereof, 
on  board  of  or  imported  by  such  vessel,  is  liable  to  for- 
feiture, to  make  seizure  of  the  same,  or  either  or  any  part 
thereof,  and  to  arrest,  or  in  case  of  escape,  or  any  attempt 
to  escape,  to  pursue  and  arrest  an}"  person  engaged  in 
such  breach  or  violation. 
B.  s.,  S067.  It  shall  be  lawful  for  all  collectors,  naval  officers,  sur- 

vej^ors,  inspectors,  and  the  officers  of  the  revenue-cutters, 
to  go  on  board  of  vessels  in  an}"  port  of  the  United  States, 
or  within  four  leagues  of  the  coast  thereof,  if  bound  to 
the  United  States,  whether  in  or  cut  of  their  respective 
districts,  for  the  purpose  of  demanding  the  manifests,  and 
of  examining  and  searching  the  vessels;  and  those  officers 
respectively  shall  have  free  access  to  the  cabin  and  every 
other  part  of  a  vessel. 
v.J^?/;lf"^fflll^^     If  anv  master  of  a  vessel  coming  into  or  having  arrived 

Doarainj:  omcer.  -  •   i  •  i        tt'il?j_  inn 

it.s.,so6s.  at  anj"  port  within  the  United  States  shall  obstruct  or 
hinder  or  shall  intentionally  cause  any  obstruction  or  hin- 
drance to  any  officer  in  lawfully  going  on  board  such  ves- 
sel for  the  purpose  of  carrying  into  (» fleet  an}"  of  the  revenue 
laws  of  the  United  States,  he  shall  for  e\'ery  such  offense 
be  liable  to  a  penalty  of  not  more  than  live  hundred  dollars 
nor  less  than  fifty  dollars, 
a  Is'^'^lfc  ^^^h\  ^^  ^^^^  ^^^•^'  trunk,  chest,  cask,  or  other  package  shall  be 
boarding  o'fflcef.  fouud  ill  the  Cabin,  steerage,  or  forecastle  of  a  vessel,  or 
M.S., 3069.  -j^  ,^^^^^  other  place  separate  from  the  residue  of  the  cargo, 
the  officer  of  the  customs  shall  take  a  particular  account  of 
such  package,  and  of  the  marks  and  numbers  thereof,  if 
any,  and  a  descrii)tion  thereof,  and,  if  he  judges  proper, 
shall  seal  every  such  package;  and  such  account  and 
description  shall  ])e  hy  him  forwarded  without  delay  to  the 
collector  of  the  district  to  which  such  vessel  is  ])ound.  If 
upon  her  arrival  at  the  port  of  her  entry,  the  packages  so 
descrilied,  or  any  of  them,  are  missing,  or  if  any  seal  put 
thereon  has  lieen  broken,  the  master  shall  be  liable  to  a 
penalty  for  every  package  missing,  or  on  which  any  seal 
shall  be  broken,  of  two  hundred  dollars. 
es^eto  "^  •''*''^''^'^'  Every  officer  or  other  person  authorized  to  make  searches 
k  ,s.',  307i.  and  seizures  by  this  Title  [li.  S.,  2517-3121)]  shall,  at  the 
time  of  executing  any  of  the  powers  conferred  upon  him, 
make  known,  upon  being  questioned,  his  character  as  an 
officer  or  agent  of  the  customs  or  Goveniment,  and  shall 
have  authority  to  demand  of  any  person  within  the  distance 
of  three  miles  to  assist  him  in  making  any  arrests,  search, 
or  seizure  authorized  by  this  Title,  where  such  assistance 
maybe  necessary;  and  if  such  person  shall,  without  rea- 
sonable excuse,  neglect  or  refuse  so  to  assist,  upon  proper 
demand,  he  shall  be  deemed  guilty  of  a  misdemeanor,  pun- 
ishable by  a  fine  of  not  more  than  two  hundred  dollars, 
nor  less  than  fi\'e  dollars. 

sefs'^or  merelum-       ^^  ^^^^^  '>^'  ^^'^^'  ^^^^^y  '^^  ^^^^'  ■^^^'V^^'l'^l  officcrS  of  the  CUStOUlS 

dise.  to  seize  and  secure  any  vessel  or  merchandise  which  shall 

ij.  s.,  307-2.       become  liable  to  seizure  by  virtue  of  any  law  respecting 


BUREAU    OF    NAVIGATION  2G1 

tho  r('\'emu\  as  woU  without  as  within  tlu>ir  r(\spc('ti\'o  dis- 
tricts. 

It"  anv  otiicor,  or  other  imm'sou,  oxocutino-  or  aidiiio- or    nofcMisc  of 
assistinii"  111  the  seizure  ot  i^ootls,  uiuler  any  act  provulmg  wiiensued. 
for  or  reguhitiii*];'  the  coHectioii  ot  duties  on  imports  or  ton-    ^'-  ''"•'  ^'^^"'■ 
na«ie,  is  sut^l  for  an3'thini>'  done  in  virtue  of  the  powers 
oiveii  thereby,  or  by  virtue  of  a  warrant  onmted  by  any 
judt^e.  or  justice,  pursuant  to  law,  ho  may  plead  the  1^011- 
eral  issue  and  give  such  act  and  the  special  matter  in  evi- 
dence. 

In  all  t'ases  of  seizure  of  property  sul)ject  to  ^orfeitiire^f'^jjP^^^'j^^^'lJ.^Y.l,'^ 
for  any  of  tlu>  causes  named  in  any  provision  of  law  rela-  n.s.,:ioT/,. 
tiiijj;'  to  the  customs,  or  for  the  re»*isterino-,  enrollinti",  or 
licensiii»4'  of  vessels,  when,  in  the  opinion  of  the  collector 
or  other  princi])al  otticer  of  the  revenue  making-  such  seiz- 
ure, the  vahie  of  the  pro[)erty  seized  does  not  exceed  Hve 
hundred  dollars,  he  shall  cause  a  list  and  particular  descrip- 
tion of  the  ]iroperty  seized  to  be  prepared  in  duplicate, 
and  an  appraisement  of  the  same  to  be  made  by  two  sworn 
appraisers  under  the  revenue  laws,  if  there  are  such 
appraisers  at  or  near  the  place  of  seizure;  but  if  there  are 
no  such  appraisers,  then  by  two  competent  and  disinter- 
ested citizens  of  the  United  States,  to  be  selected  by  him 
for  that  purpose,  residing-  at  or  near  the  place  of  seizure; 
which  list  and  appraisement  shall  l)e  properl}^  attested  by 
such  collector  or  other  otticer  and  the  persons  making  the 
appraisal.  For  such  services  of  the  appraisers  they  shall 
be  allowed  out  of  the  revenue  one  dollar  and  tift}^  cents 
each,  for  every  day  necessarily  employed  in  such  service. 

If  the  amount  of  the  appraisal  of  property  so  seized  as  Appraisement 
forfeited  shall  not  exceed  the  sum  of  tive  hundred  dollars,  ^^'x^.s.^3075. 
the  collector  or  other  principal  officer  shall  publish  a  notice 
once  a  week  for  three  successive  weeks  in  some  newspaper 
of  the  county  or  place  where  such  seizure  shall  have  been 
made,  if  any  newspaper  shall  be  puljlished  in  such  count}'; 
but  if  no  newspaper  shall  be  published  in  such  county,  then 
such  notice  shall  be  pul)lished  in  some  newspaper  of  the 
county  in  which  the  principal  customs  office  of  the  district 
shall  be  situated;  and  if  no  newspaper  shall  be  published 
ill  such  county,  then  notices  shall  be  posted  in  proper  public 
places,  which  notices  shall  descrilje  the  articles  seized,  and 
state  the  time,  cause,  and  place  of  seizure,  and  shall  require 
any  person  claiming  such  articles  to  appear  and  file  with 
such  collector  or  other  officer  his  claim  to  such  articles 
within  twent}'  days  from  the  date  of  the  first  publication 
of  such  notice. 

Any  person  claiming  the  property  so  seized  may,  at  any  n.  1^.,  3076. 
tinieAvithin  twenty  days  from  the  date  of  such  publication, 
tile  with  the  collector  or  other  officer  a  claim,  stating  his 
interest  in  the  articles  seized,  and.  upon  depositing  with 
such  collector  or  other  officer  a  bond  to  the  United  States 
in  the  penal  sum  of  two  hundred  and  fift}'  dollars,  with 
two  sureties,  to  be  approved  by  such  collector  or  other 
otticer,  conditioned  that,  in  case  of  the  coudemnatiou  of 


262  BUEEAU    OF   NAVIGATION 

the  articles  so  claimed,  the  obligors  shall  pay  all  the  costs 
and  expenses  of  the  proceedings  to  ()l)tain  such  condemna- 
tion. Such  collector  or  other  otHcer  shall  tiansmit  the 
same,  with  th(>  duplicate  list  and  description  of  the  aiticles 
seized  and  claimed,  to  th(^  United  States  district  attorney 
for  the  district,  who  shall  proceed  for  a  condenuiation  of 
the  property  in  the  ordinary  mode  prescribed  by  law. 

U.S., 3077.  If  no  such  claim  shall  be  tiled  or  bond  given  within  the 

twenty  da3-s  above  specified,  such  collector  or  other  officer 
shall  give  not  less  than  iifteen  days'  notice  of  the  sale  of 
the  propert}'  so  seized,  l)v  publication  in  the  manner 
before  mentioned;  and.  at  the  time  and  ])lace  specified  in 
such  notice,  he  shall  sell  at  public  auction  the  prop(>rty  so 
seized,  and  shall  deposit  the  proceeds,  after  deducting  the 
actual  expenses  of  such  seizure.  pul)licati()n.  and  sale,  in 
theTreasury  of  the  Ignited  States,  as  shall  be  diivcted  by  the 
Secretary  of  the  Treasury.  The  collector,  however,  shall 
have  power  to  adjourn  such  sale  from  time  to  time  for  a 
pcniod  not  exceeding  thirty  days  in  all. 

R.s.,so7s.  Any  person  claiming  to  be  interested  in  the  property 

sold  under  the  provisions  of  the  preceding  section  may, 
within  three  months  after  such  sale.  a})ply  to  th(>  Secretary 
of  the  TreasuiT  for  a  remission  of  the  forfeiture  and  a 
restoration  of  the  proceeds  of  such  sale,  and  the  same  may 
be  granted  by  the  Secretary  ui)on  satisfactory  proof,  to  be 
furnished  in  such  manner  as  he  shall  direct,  that  the  appli- 
cant, at  the  time  of  the  seizure  and  sale  of  the  property  in 
question,  did  not  know  of  the  seizure,  and  was  in  such  cir- 
cumstances as  prevented  him  from  knowing  of  the  same, 
and  that  such  forfeiture  was  incurred  without  willful  neg- 
ligence or  any  intention  of  fraud  on  the  part  of  th(^  owner 
of  such  pr()})erty.  [Xotk. — In  certain  cases  the  ap])lica- 
tion  will  ])e  made  to  the  Secretary  of  Commerce  and  l^abor, 
act  of  Feb.  14,  r.>()8.  sec.  10.] 

E..^.,!io79.  If  no  application  for  such  remission  or  restoration  shall 

be  made  within  three  months  after  such  sale,  the  Secretary 
of  the  Treasury  for  Secretary  of  Commerce  and  Labor] 
shall  then  cause  the  proceeds  of  such  sale  to  be  distributed 
in  the  same  manner  as  if  such  property  had  been  con- 
denmed  and  sold  in  ])ui'suance  of  a  decree  of  a  competent 
court. 
isimifuM?^!^!^""      ^^'henevel•  seizure  shall  l>e  made  of  any  property  which. 

ji.s.,3(iso.  in  the  oi)ini()n  of  the  ap])raisers.  is  lial)le  to  perish  or 
waste,  or  to  be  greatly  reduccnl  in  value  by  keeping,  or 
which  cannot  be  kept  without  great  dis))roportioiuite  ex- 
pense, whether  such  propiM'ty  consists  of  live  animals  or 
merchandise,  and  when  the  proi)erty  thus  seized  shall  not 
exc(>ed  ti\e  hundred  dollars  in  value,  and  when  no  claim 
shall  have  been  inter])osed  therefor  as  is  hereinbefore  pro- 
vidc(l.  tlie  a|)praisers.  if  re(iu(\sted  by  the  collector  or 
principal  officer  making  th(>  seizur(\  at  the  time  wIhmi  sucli 
appiaisal  is  made,  shall  certify  on  oath  in  their  appi'aisal 
their  belief  that  the  i)roperty  seized  is  liable  to  speedy  dc- 


BUKEAU    OF   NAVIGATION  263 

terioration,  or  that  the  expenses  of  its  keeping-  will  laroely 
reduce  the  net  proceeds  of  tiio  sale;  and  in  case  the  ap- 
prais«M-s  thus  certifv,  such  collector  or  other  officer  may 
proceed  to  tulvertise  and  sell  the  same  at  auction,  hy  giv- 
ing notice  for  such  time  as  he  may  think  reasonable,  l)ut 
not  less  than  one  "sveek,  of  such  seizure  and  intended  sale, 
by  advertisement  as  is  hereinbefore  provided;  and  the 
proceeds  of  such  sale  shall  be  deposited  to  the  credit  of 
the  Treasurer  of  the  United  States,  subject,  nevertheless, 
to  the  payment  of  such  claims  as  shall  be  presented  within 
three  months  from  the  day  of  sale,  and  allowed  b}^  the 
Secretary  of  the  Treasur}-. 

The  collectors  of  the  several  districts  of  the  United  ii.s.,308i. 
States,  in  all  cases  of  seizure  of  an}-  merchandise  for  viola- 
tion of  the  revenue  laws,  the  appraised  value  of  which,  in 
the  district  wherein  such  seizure  shall  be  made,  does  not 
exceed  one  thousand  dollars,  are  hereby  authorized,  sub- 
ject to  the  approval  of  the  Secretary  of  the  Treasury,  to 
release  such  merchandise  on  payment  of  the  appraised  , 
value  thereof. 

\\^hene\'er  an}"  seizure  shall  be  made  for  the  purpose  of    ^'  "''■'  ^°^^- 
enforcing  any  forfeiture,  the  collector  or  other  person  caus- 
ing such  seizure  to  be  made  shall  inmiediately  give  infor- 
mation thereof  to  the  Solicitor  of  the  Treasury  [or  Secre- 
tary of  Commerce  and  Labor].  ^-  ''''•'  ^''^^• 

All  merchandise  or  property  of  any  kind  seized  under 
the  provisions  of  any  law  of  the  United  States  relating  to 
the  customs,  shall,  unless  otherwise  provided  for  by  law, 
be  placed  and  remain  in  the  custod}^  of  the  collector  or 
other  principal  officer  of  the  customs  of  the  district  in 
which  the  seizure  shall  be  made,  to  abide  adjudication  by 
the  proper  tril)unal,  or  other  disposition  according  to  law. 

No  vessel  used  b}"  an}"  person  or  corporation,  as  common    Exemijtion 
carriers,  in  the  transaction  of  their  business  as  such  common    Feb.  s,  issi.  '^' 
carriers,  shall  be  subject  to  seizure  or  forfeiture  by  force    ^^'^  '^'"'■'  '"'■^ 
of  the  provisions  of  Title  thirty-four  [R.  S.,  2517-3129] 
of  the  Revised  Statutes  of  the  United  States  unless  it  shall 
appear  that  the  owner  or  master  of  such  vessel  at  the  time 
of  the  alleged  illegal  act  was  a  consenting  party  or  privy 
thereto. 

Tiie  several  collectors  of  customs  shall  report  Avithin    Procedure  in 
ten  days  to  the  district  attorney  of  the  district  in  which  pemu  ties,  and 
any  tine,  peualtj",  or  forfeiture  maj"  be  incurred  for  the  ^"j^'^l^^'Josi 
violation  of  any  law  of  the  United  States  relating  to  the 
revenue,  a  statement  of  all  the  facts  and  circumstances  of 
the  case  within  their  knowledge,  or  which  may  come  to 
their  knowledge  from  time  to  time,  stating  the  names  of 
the  witnesses,  and  the  provisions  of  the  law  believed  to  be 
violated,  and  on  which  a  reliance  may  be  had  for  condem- 
nation or  conviction.     If  an}"  collector  shall  in  any  case 
fail  to  report  to  the  proper  district  attorney,  as  prescribed- 
in  this  section,  such  collector's  right  to  any  compensation, 
benetit,  or  allowance  in  such  case  shall  be  forfeited  to  the 
United  States,  and  the  same  may,  in  the  discretion  of  the 
Secretary  of  the  Treasury,  be  awarded  to  such  persons  as 


264  BtlKEAU    OF   NAVIGATION 

may  make  complaint  and  prosecute  the  same  to  judgment 
or  conviction. 

Fines  imposed.  District  attomevs,  upon  receiving"  the  report  of  a  col- 
■  ■'  ■  lector,  shall  cause  suit  and  prosecution  to  be  commenced 
and  prosecuted  without  delay  for  the  fines  and  personal 
penalties  by  law  in  such  case  provided,  unless  upon  inquiry 
and  examination  they  shall  decide  that  a  conviction  cannot 
probably  be  obtained,  or  that  the  ends  of  public  justice  do 
not  require  that  a  suit  or  prosecution  should  be  instituted, 
in  which  case  thej^  shall  report  the  facts  to  the  Secretary 
of  the  Treasury  for  his  direction.  For  expenses  incurred 
and  services  rendered  in  prosecution  for  such  tines  and 
personal  penalties,  they  shall  receive  such  allowance  as 
the  Secretar}^  of  the  Treasury  shall  deem  just  and  reason- 
able, upon  the  certificate  of  the  judge  before  whom  such 
prosecution  was  had. 

a.  s.,  S087.  rpi^^  collector  within  whose  district  an}'  seizure  shall  be 

made  or  forfeiture  incurred  for  any  violation  of  the  dutj'- 
laws  is  hereby  enjoined  to  cause  suits  for  the  same  to  be 
conmienced  without  dela}',  and  prosecuted  to  effect;  and  is, 
moreover,  authorized  to  receive  from  the  court  within 
which  such  trial  is  had,  or  from  the  proper  officer  thereof, 
the  sum  recovered,  after  deducting  all  proper  charges  to 
be  allowed  by  the  court;  and  on  receipt  thereof  he  shall 
pa}^  and  distribute  the  same  without  delay,  according  to  law. 
^Libei  for  pen-      XVlienever  a  vessel,  or  the  owner  or  master  of  a  vessel, 

£.  s.,  soss.  has  become  subject  to  a  penalty  for  a  violation  of  the  rev- 
enue laws  of  the  United  States,  such  vessel  shall  ))e  holden 
for  the  payment  of  such  penalty,  and  may  be  seized  and 
proceeded  against  summarily  by  libel  to  recover  such 
penalty. 
cutfon  ^^  ^^°^^'     Whenever  a  seizure,  condemnation,  and  sale  of  mer- 

it.s^,sos9.  chandise  takes  place  within  the  United  States,  and  the 
value  thereof  is  less  than  two  hundred  and  fifty  dollars, 
that  part  of  the  forfeiture  which  accrues  to  the  United 
States,  or  so  much  thereof  as  may  be  necessary,  shall  be 
applied  to  the  payment  of  the  cost  of  the  prosecution. 

Moieties,    in-     All  provisions  of  law  imder  which  moieties  of  any  hues, 

formers' and  cus-  ^.t  j?i?-j.  ij.i  j.  "i 

toms    officers'  penalties,  or  lorteitures,  under  the  customs-revenue  laws, 
^""j^nen  1871,.    oi'  ^*^y  share  therein,  or  commission  thereon,  are  paid  to 
(j8  stai,  186.)  informers,  or  officers  of  customs,  or  other  officers  of  the 
june'io,  1890.    United  States,  are  hereb}^  repealed;  and  from  and  after  the 
^ec.^29!''  ^^^'^  ^^^^  ^^  the  passage  of  this  act  the  proceeds  of  all  such 
fines,  penalties,  and  forfeitures  shall  be  paid  into  the  Treas- 
ury of  the  United  States. 
Compensation     It  shall  hereafter  he  the  duty  of  the  Secretary  of  the 

in    smuggling  ,T,  ,        ,.  ^    . ,,      ,,  •"   j.    j    i 

cases.  ireasury,  out  of  any  money  specifically  appropriated  by 

"us  suit. fm.)   Congress,  to  make  suitable  compensation  in  certain  cases 
Sees.  '         under  the  customs  revenue  laws,  as  hereinafter  provided, 
and  not  otherwise;  and  he  shall  annually  report  to  Con- 
gress, in  detail,  all  payments  b}'  him  for  such  purpose. 
sec.i.  Whenever  any  officer  of  the  customs  or  other  person 

shall  detect  and  seize  goods,  wares,  or  merchandise,  in  the 
act  of  being  smuggled,  or  which  have  been  smuggled,  he 


BUREAU    OF   NAVIGATION  265 

shall  be  entitled  to  such  coni})ensatioii  therefor  as  the 
Seoretaiy  of  tlie  Treasuiy  shall  award,  not  exceeding  in 
amount  one-half  of  the  net  proceeds,  if  any,  resulting  from 
such  seizure,  and  deducting  all  (Uities,  costs,  and  charges 
connected  therewith: 

JWny'(h(/,  That  for  the  purposes  of  this  act  snmggling^.^^smuggiing  de- 
shall  be  construed  to  mean  the  act,  with  intent  to  defraud, 
of  ])ringlng  into  the  United  Slates,  or,  with  like  intent, 
attempting  to  bring  into  the  Ignited  States,  dutial)le  articles 
without  passing  the  same,  or  the  package  containing  the 
same,  through  the  custom  house,  or  submitting  them  to 
the  otticers  of  the  revenue  for  examination.  And  whenever 
anv  person  not  an  ofticer  of  the  United  States  shall  furnish 
to  a  district  attorney,  or  to  any  chief  officer  of  the  cus- 
toms, original  information  concerning  any  fraud  upon  tiie 
customs-revenue,  perpetrated  or  contemplated,  which  shall 
lead  to  the  recovery  of  any  duties  W'ithheld,  or  of  any  tine, 
penalty,  or  forfeiture  incurred,  whether  by  importers  or 
their  agents,  or  b}'  any  officer  or  person  employed  in  the 
customs-service,  such  compensation  may,  on  such  recovery, 
be  paid  to  such  person  so  furnishing  information  as  shall 
be  just  and  reasonable,  not  exceeding  in  any  case  the  sum 
of  five  thousand  dollars;  which  compensation  shall  be  paid, 
under  the  direction  of  the  Secretary  of  the  Treasury,  out 
of  any  money  appropriated  for  that  purpose. 

No  pavment  shall  be  made  to  anv  person  furnishing.  Payment  for 
information  in  any  case  wnerein  judicial  proceedings  sliall  ticc.  o. 
have  been  instituted,  unless  his  claim  to  compensation  shall 
have  been  established  to  the  satisfaction  of  the  court  or 
judge  having  cognizance  of  such  proceedings,  and  the 
value  of  his  services  duly  certitied  by  said  court  or  judge 
for  the  information  of  the  Secretary  of  the  Treasury,  but 
no  certificate  of  the  value  of  such  services  shall  l)e  conclu- 
sive of  the  amount  thereof.  And  when  any  fine,  penalty, 
or  forfeiture  shall  be  collected  without  judicial  pro- 
ceedings, the  Secretaiy  of  the  Treasuiy  shall,  before 
directing  payment  to  an}^  person  claiming  such  compen- 
sation, require  satisfactoiy  proof  that  such  person  is  justly 
entitled  thereto. 

Except  in  cases  of  smuggling  as  aforesaid,  it  shall  not  j,J^p^^^|^^^jg[j° 
be  lawful  for  any  officer  of  the  United  States,  under  any  see.  i. 
pretense  whatever,  directly  or  indirectly,  to  receive,  accept, 
or  contract  for  any  portion  of  the  money  which  may, 
under  any  of  the  provisions  of  thisor  any  other  act,  accrue 
to  any  sucli  person  furnishing  information;  and  any  such 
officer  who  shall  so  receive,  accept,  or  contract  for  any 
portion  of  the  money  that  may  accrue  as  aforesaid  shall 
be  guilty  of  a  misdemeanor,  and,  on  conviction  thereof, 
shall  be  lialde  to  a  fine  not  exceeding  five  thousand  dollars, 
or  imprisonment  for  not  more  than  one  year,  or  both,  in 
the  discretion  of  the  court,  and  shall  not  be  thereafter 
eligible  to  any  office  of  honor,  trust,  oi"  emolument. 

And  any  such  person  so  furnishing  information  as  afore- 
said, who  shall  pay  to  any  such  officer  of  the  United  States, 


266  BUREAU    OF    NAVIGATION 

or  to  an}'  person  for  his  use,  directl}'  or  indirectly,  any 
portion  of  said  money,  or  any  other  vahia})le  thing,  on 
account  of  or  l)ccause  of  such  nionc}',  shall  have  a  right  of 
action  against  such  ofhcer  or  other  person,  and  his  legal 
representatives,  to  recover  back  tlie  same,  or  the  value 
thereof. 

Sec.  8.  ]sJq  officer,  or  other  person  entitled  to  or  claiming  com- 

pensation under  any  provision  of  this  act,  shall  be  thereb}" 
disqualified  from  Ijecoming  a  witness  in  any  action,  suit, 
or  proceeding  for  the  recovery,  mitigation,  or  remission 
thereof,  ])ut  shall  be  sul)ject  to  examination  and  cross- 
examination  in  like  manner  with  other  witnesses,  with- 
out lu'ing  thereby  deprived  of  an}'  right,  title,  share,  or 
interest  in  any  line,  penalty,  or  forfeiture  to  which 
such  examination  may  relate;  and  in  every  such  case  the 
defcnchmt  or  defendants  may  appear  and  testify  and  be 
examined  and  cross-examined  in  like  maiuier. 

T'rooerturo  in  In  all  suits  and  proceedings  other  than  criminal  arising 
"./r/!"'!:'2i"'s7i.    under  any  of  the  re\enue-laws  of  the  United  States,  the 

U^^'J^tt.,  isr.)  attorney  representing  the  Government,  whenever,  in  his 
))elief,  any  business-book,  invoice,  or  ])aper,  belonging  to 
or  under  the  control  of  the  defendant  or  claimant,  will  tend 
to  prove  any  allegation  made  by  the  Tnited  States,  may 
make  a  written  motion,  particularly  describing  such  book, 
invoice,  or  pap«M-,  and  setting  forth  the  allegation  which 
he  expects  to  prove;  and  thereupon  the  court  in  which 
suit  or  proceeding  is  pending  may,  at  its  discretion,  issue 
a  notice  to  the  defendant  or  claimant  to  produce  such  book, 
invoice,  or  paper  in  court,  at  a  day  and  hour  to  l)e  specified 
in  said  notice,  which,  together  with  a  copy  of  said  motion, 
shall  be  served  formally  on  the  defendant  or  claimant  by 
the  United  States  marshal  by  delivering  to  him  a  certified 
copy  thereof,  or  otherwise  serving  the  same  as  original 
notices  of  suit  in  the  same  court  are  served;  and  if  the 
defendant  or  claimant  shall  fall  or  refuse  to  produce  such 
book,  invoice,  or  paper  In  obedience  to  such  notice,  the 
allegations  stated  in  the  said  motion  shall  be  taken  as  con- 
fessed unless  his  failure  or  refusal  to  produce  the  same  shall 
be  explained  to  the  satisfaction  of  the  court.  And  if  pro- 
duced, the  said  attorney  shall  be  peimitted,  under  the 
direction  of  the  court,  to  make  examination  (at  which 
examination  the  di  fendant  or  claimant,  or  his  agent,  may 
be  present)  of"  such  entries  in  said  l)()<)k,  invoice,  or  paper 
as  relate  to  or  tend  to  prove  the  allegation  aforesaid,  and 
may  oti'er  the  same  in  evidence  on  behalf  of  the  Uniti'd 
States.  But  the  owner  of  said  ])ooks  and  papers,  his  agent 
or  attorney,  shall  have,  subject  to  the  order  of  the  court, 
the  custody  of  them,  except:  pending  their  examination  in 
court  as  af'onvsaid. 

Keportinj?  of  jf  shall  be  the  dutv  of  anv  ollii'cr  or  person  emploved  in 
oniiehiws.          the  custoius-revenue  service  ot  the   L  nited  States,  u})()n 

Hec.is.  detection  of  any  violation  of  the  customs  laws,  forthwith 

to  make  complaint  thereof  to  the  collector  of  the  district, 
whose  duty  it  shall  be  piouiptly  to  report  the  same  to  the 


BUREAU    OF   NAVIGATION  2G7 

distriot  attornoy  of  tho  dislrict  in  which  sucli  frauds  sliall 
1)0  coiiuuittod.  liiiiiUMliatcly  upon  th(>  receipt  of  such  coin- 
Ijhiiiit.  if.  ill  his  judiiiucut.  it  can  l>c  sustained,  it  shall  he 
the  duty  of  such  district  attorney  to  caus(>  investigation 
into  the  facts  to  he  made  hefore  a  United  Stati's  connnis- 
sionor  havino-  jurisdiction  thereof,  and  to  initiate  proper 
proceedinos  to  recover  tho  tines  and  penalties  in  tho  prem- 
ises, and  to  prosecute  the  same  with  the  utmost  dilio-ence 
to  tinal  judgment. 

^^'henever,  for  an  alleo-(>d  violation  of  the  customs- ^.  Ij^j'^'^'^'^'^n- i>ro- 
reveiuu'  laws,  any  ]ierson  who  shall  he  charoed  with  hav-  stc.h. 
iny  incurred  any  tine,  ])enalty,  forfeiture,  or  (lisat»ility 
other  than  imprisonment,  or  shall  he  interested  in  any 
vessel  or  merchandise  sei/ed  or  suhject  to  seizure,  when 
the  appraised  value  of  such  vessel  or  merchandise  is  not 
leas  than  one  thousand  dollars,  shall  present  Ids  petition 
to  the  judiio  of  the  district  in  which  tho  alleged  violation 
occurred,  or  in  which  the  property  is  situated,  setting  forth, 
truly  and  })articuiarly,  th(>  facts  and  circumsttuices  of  tho 
case,  and  praying  for  relief,  such  judge  shall,  if  tho  case, 
in  his  judgment,  roijuires.  prix-eed  to  inijuire,  in  a  sunnnary 
'mami(>r  into  the  circumstances  of  tho  case,  at  such  reason- 
ahlo  time  as  ma^'  he  fixed  l)y  him  for  that  purpose,  of  which 
the  district  attornev  and  the  collector  shall  1)0  notilied  by 
the  petitioner,  in  order  that  they  may  attend  and  show 
cause  wliy  the  petition  should  ho  refused. 

The  stiiumarv  inv(\stigation  herein'  provided  for  may  ho  *c-^*- 
held  l>efore  the  judge  to  whom  the  petition  is  presented, 
or  if  ho  shall  so  direct,  hefore  any  luitod  States  commis- 
sioner for  such  district,  and  the  facts  ai)pearing  thereon 
shall  he  stated  and  annexed  to  the  petition,  and,  together 
with  a  certified  copv  of  the  evidence,  transmitted  to  the 
Secretary  of  the  Treasury,  who  shall  therinipon  have  power 
to  mitigate  or  remit  such  lino,  penalty,  or  forfeiture,  or 
removesuch  disal)ility,  orany partthereof,  if,  in  hisopinion, 
the  same  shall  have  been  incurred  without  Avillful  negli- 
gence or  any  intention  of  fraud  in  tho  pin'son  or  piu'sons 
incurring  tho  same,  and  to  direct  tlio  prosecution,  if  any 
shall  have  boon  instituted  for  tho  recovery  thereof,  to  cease 
and  1)0  discontinued  upon  such  terms  or  conditions  as  ho 
may  doom  reasonable  and  just. 

It  shall  not  bo  lawful  for  any  officer  or  officers  of  tho    omcors  not  to 
United  States  to  compromise  or  abate  any  claim  of  thosu'it's!'"^"'"''''' 
United  States  arising  imdor  the  customs  laws,  for  any  fine,    '^"■-  ^■'■ 
penalty,  or  forfeiture  incun-od  l)y  a  violation  thereof;  and 
any  olHcor  or  person  who  shall  so  compromise  or  al)ate  any 
such  claiu).  or  attomi)t  to  make  such  compromise  or  at)at(>- 
mont,  or  in  any  luaimer  relieve  or  attempt  to  relievo  from 
such  tine,  penalty,  or  forfeiture,  shall  be  docMuod  guilty  of  a 
felony,  and.  on  conviction  thereof,  shall  suffer  imprisonment 
not  exceeding  ten  j'cars,  and  be  lined  not  exceeding  ten 
thousand  dollars. 

Nothing  in  this  section  shall  ho  construed  to  atioct  any    J<in.22,  isrr,. 
authorit}',  power,  or  right  which  might  theretofore  have    ^'^^'"'■•^^■) 


268  BUREAU    OF    NAVIGATION 

been  lawful!}^  exercised  by  any  court,  judge,  or  district 
attorney  of  the  United  States  to  ol)tain  the  testimony  of 
an  accomplice  in  any  c-rinie  against,  or  fraud  upon  the 
customs-revenue  laws,  on  any  trial  or  proceeding  for  a  tine, 
penalty,  or  forfeiture  under  said  laws.  In'  a  discontinuance 
or  dismissal,  or  by  an  engagement  to  discontinue  or  dismiss 
any  proceedings  against  such  accomplice. 

Remission  of  l*rt)rtdt'd,  houiever^  That  the  Secretary  of  the  Treasury 
^^Junc'^>,is7i,.    shall  have  power  to  remit  any  tines,  penalties,  or  forfei- 

(j^^stiu.,  190.)  tures,  or  to  compromise  the  same,  in  accordance  with  ex- 
isting law. 

Sec.  20.  W lienever  an}'  application  shall  l)e  made  to  the  Secretary 

of  the  Treasury  for  the  mitigation  or  remission  of  any  tine, 
penalty,  or  forfeiture,  or  the  refund  of  any  duties,  incase 
the  amount  involved  is  not  less  than  one  thousand  dollars, 
the  api)licant  shall  notify  the  district  attorney  and  the  col- 
lector of  customs  of  the  district  in  which  th(^  duties,  line, 
penalty,  or  forfeiture  accrued;  and  it  shall  he  the  duty  of 
such  collector  and  district  attorney  to  furnish  to  the  Sec- 
retary of  the  Treasury  all  practica))Ie  information  neces- 
sary to  enable  him  to  protect  the  interests  of  the  United 
States. 

OATTIS   OF   MASTERS   AND    OWNERS 

R.  .%so9/..  Nothing  contained  in  this  Title  [11.  S.,  2517-3129]  shall  be 

construed  to  exempt  the  masters  or  owners  of  vessels  from 
making  and  subscril)ing  any  oaths  recjuiredby  any  laws  of 
the  I'nited  States  not  immediately  relatingto  the  collection 
of  the  duties  on  the  importation  of  merchandise  into  the 
United  States. 


ENTRY   OF   MERCHANDISE 


Definitions. 
H.  S.,  2701!. 


The  word  "merchandise,''  as  used  in  this  Title  [R.  S., 
2517-312!>].  may  include  goods,  wares,  and  chattels  of  every 
description  capable  of  Ixnng  iniport(^d. 
R.  s.,  27r,7.  The  word  "  port,"  as  used  in  this  11tle  f  R.  S. ,  2517-3129], 

may  include  any  place  from  which  merchandise  can   he 
shipped  for  importation,  or  at  which  meichandise  can  be 
imported. 
R.s.,276s.  xhe  word  "master,"  as  used  in  this  l^itle  |R.  S.,  2517- 

3129],  may  include  any  person  having  the  chief  charge  or 
conunand  of  the  employment  and  navigation  of  a  vessel. 
R.s.,2769.  Ill  cases  where  the  forms  of  oflicial  documents,  as  pre- 

scribed by  this  Title  fR.  S.,  25l7-;-;i21t|.  shall  he  substan- 
tially complied  with  and  ol)served,  according  to  the  tru(^ 
intent  thereof,  no  \)enalty  or  forfeiture  shall  b(>  incurred 
by  a  deviation  thert'from. 
goes" 7t'! "must     It  shall  not  be  lawfid  to  maki^  cMitiy  of  any  vessel  which 
he  en  tired  at  shall  arrive  within  the  United  States,  from  any  foreign 
'"k^s", 2770? ■    port,  or  of  the  cargo  on  board  such  vessel,  elsewhere  than 


BUREAU    OF    NAVIGATION  269 

at  ono  of  tho  ])<)rts  of  entry  designated  in  chapter  one 
(R.  S.,  L>51T-L><;iL>|  of  this  Title  |R.  S.,  2r)lT-:512{»|:  "<>••  to 
unlade  the  earyo,  or  any  part  thereof,  elsewhere  tiiaii  at 
one  of  the  ports  of  delivery  therein  desiuiKited,  except  that 
every  port  of  entry  shall  be  also  a  port  of  delivery.  This 
section  shall  not  prevent  the  master  or  commander  of  any 
vessel  from  making-  entry  with  the  collector  of  any  district 
in  which  such  vessel  may  be  owned,  or  from  Avhich  she 
may  have  sailed  on  the  voyage  from  which  she  shall  then 
have  returned. 

[For  list  of  ports  of  entry  and  delivery  see  page  301.]  ^^^Jj'^reisn vessels 
Vessels  which  are  not  vessels  of  the  United  States  shall  ports  of  entry. 
be  admitted  to  unlade  only  at  ports  of  entry  established    -'''••''■- ~^^^- 
b}^  law;  and  no  such  vessel  shall  be  admitted  to  make  entry 
in  any  other  district  than  in  the  one  in  which  she  shall  be 
admitted  to  unlade. 
The  master  of  every  vessel  bound  to  a  port  of  delivery,  vessels  bound 

1        •  1-   i.    •    4-      \     M  4i      4-  4-        ^  /i  i.     £        ,    -^  to  port  of  dehv- 

only,  in  any  district,  shall  nrst  come  to  at  the  port  of  entry  cry. 
of  such  district,  with  his  vessel,  and  there  make  report  and  '''■  *' ~^^^' 
entry  in  writing,  and  pay  all  duties  recpiired  by  law,  port 
fees  and  charges,  before  such  vessel  shall  proceed  to  her 
port  of  delivery.  Any  master  of  a  vessel  who  shall  pro- 
ceed to  a  port  of  deliver}'  contraiy  to  such  directions  shall 
be  liable  to  a  penalty  of  five  hundred  dollars,  to  be  recov- 
ered w'ith  costs  of  suit. 

Within  twenty-four  hours  after  the  arrival  of  any  vessel,  ^^?^,^'^"r^  *°4 

.         .  J       <>      1        TT     •       1    o  ueciaratioii      oi 

from  anv  foreip-n  port,  at  anv  i)ort  of  the  United  States  master. 
established  by  law,  at  which  an  officer  of  the  customs  re-  '  ■'" 
sides,  or  within  any  harbor,  inlet,  or  creek  thereof,  if  the 
hours  of  business  at  the  office  of  the  chief  officer  of  the 
customs  at  such  port  will  permit,  or  as  soon  thereafter  as 
such  hours  will  permit,  the  master  shall  repair  to  such 
office,  and  make  report  to  the  chief  officer,  of  the  arrival 
of  the  vessel;  and  he  shall,  within  forty-eight  hours  after 
such  arrival,  make  a  further  report  in  writing,  to  the  col- 
lector of  the  district,  which  report  shall  be  in  the  form, 
and  shall  contain  all  the  particulars  required  to  be  inserted 
in,  and  veritied  like,  a  manifest.  Every  master  who  shall 
neglect  or  omit  to  make  either  of  such  reports  and  declara- 
tions, or  to  verify  any  such  declaration  as  required,  or  shall 
not  full}'  compl}"  w^  ith  the  true  intent  and  meaning  of  this 
section,  shall,  for  each  offense,  be  liable  to  a  penalty  of  one 
thousand  dollars. 

The  master  of  an}'  vessel  having  on  board  distilled  spirits,    cargoes   of 
or  wines,  shall,  within  forty-eight  hours  after  his  arrival,  reported  to  sur^ 
whether  the  same  be  at  the  first  port  of  arrival  of  such^'^j^''^  2775 
vessel  or  not,  in  addition  to  the  requirements  of  the  pre- 
ceding section,  report  in  w'riting  to  the  surveyor  or  officer 
acting  as  inspector  of  the  revenue  of  the  port  at  which  he 
has  arrived,  the  foreign  port  from  w  hich  he  last  sailed,  the 
name  of  his  vessel,  his  own  name,  the  tonnage  and  denomi- 
nation of  such  vessel,  and  to  what  nation   belonging,  to- 
gether with  the  quantity  and  kinds  of  spirits  and  wines, 
on  board  of  the  vessel,  particularizing  the  number  of  casks, 


270  BUREAU    OB^    NAVIGATION 

vessels,  cases,  or  other  packages  containing  the  same,  with 
their  marks  and  numbers,  as  also  the  quantity  and  kinds 
of  spirits  and  wines,  on  board  such  vessel  as  sea-stores,  and 
in  default  thereof  he  shall  l)e  lial)le  to  a  penalt}^  of  hve 
hundred  dollars  and  any  spirits  omitted  to  be  reported 
shall  be  forfeited. 
fauure  to  ente?.'  I^  any  vcsscl,  having  arrived  wnthin  the  limits  of  any  col- 
R.  s.,  ^773.  lection-district,  from  any  foreign  port,  departs,  or  attempts 
to  depart  from  the  same,  unless  to  proceed  on  her  way  to 
some  more  interior  district  to  which  she  ma}^  be  bound, 
before  report  or  entry  shall  have  l)een  made  by  the  master 
with  the  collector  of  some  district,  the  master  shall  be 
liable  to  a  penalty  of  four  hundred  dollars;  and  any  col- 
lector, naval  officer,  surveyor,  or  conmiander  of  any 
revenue-cutter  may  cause  such  vessel  to  be  arrested  and 
brought  back  to  the  most  convenient  port  of  the  United 
States.  If,  however,  it  is  made  to  appear  by  the  oath  of 
the  master,  and  of  the  person  next  in  conunand,  or  by 
other  sufficient  proof  to  the  satisfaction  of  the  collector  of 
the  district  within  wdiich  such  vessel  shall  afterward  come, 
or  to  the  satisfaction  of  the  court  in  which  the  prosecution 
for  such  ponalt3nnay  be  had,  that  the  departure  or  attempt 
to  depart  was  occasioned  by  stress  of  weather,  pursuit  or 
duress  of  enemies,  or  other  necessity,  the  penalty  imposed 
by  this  section  shall  not  be  incurred. 
Sl^s^2776!^^^'  Vessels  arriving  at  a  port  of  entry  in  the  United  States, 
Juneyi',  ifi-%.   laden  with  coal,  salt,  railroad  iron  and  other  like  articles 

i*3  Stcit     60  )       • 

Sec.^9. "  '  in  bulk  may  proceed  to  places  within  that  collection  district 
fs^'statfsii.)  to  be  specially  designated  by  the  Secretary  of  Commerce 
Sec.  10.  and  Labor  by  general  regulations  or  otherwise,  under  the 

superintendence  of  customs  othcers,  at  the  expense  of  the 
parties  interested,  for  the  purpose  of  unlading  cargoes  of 
the  character  before  mentioned. 
for  re'-exporT'^^"  ^"J  vcsscl  may  procccd  with  any  merchandise  lirought 
R.  s.,  2776.  jjj  \xQ\-^  and,  in  the  manifest  delivered  to  the  collector  of  tiie 
customs,  reported  as  destined  for  any  foreign  port,  from 
the  district  within  which  such  vessel  shall  first  arrive  to  such 
foreign  port  without  paying  or  securing  the  payment  of 
any  duties  upon  such  merchandise  as  shall  be  actually  re- 
exported in  the  vessel.  But  the  manifest  so  declaring  to 
re-export  such  merchandise  shall  ])e  delivered  to  such  col- 
lector within  forty-eight  hours  after  the  arrival  of  the 
vessel.  And  the  master  of  such  vessel  shall  give  bond  as 
required  by  the  next  section. 
bond^etc!^'  "'  The  master  of  anj^  vessel  so  destined  for  a  foreign  poi't 
R.  s.,  -^777.  .shall  give  bond,  with  one  or  more  sureties,  in  a  sum  equal 
to  the  amount  of  the  duties  upon  the  merchandise,  as  the 
same  shall  be  estimated  by  the  collector  and  naval  officer 
of  the  port  where  the  report  shall  l)e  made,  to  the  satis- 
faction of  the  collector,  with  condition  that  the  merchandise, 
or  any  part  thereof,  shall  not  ))e  landed  within  the  United 
States,  unless  due  entry  thereof  shall  have  been  first  made 
and  the  duties  thereupon  paid,  according  to  law.  Such 
bond  shall  be  taken  for  the  same  period,  and  canceled  in 


BUEEAU    OF    NAVIGATION  27 1 

like  manner,  a.s  a  bond  given  for  obtaining-  drawback  of 
dntics.  No  such  bond  shall  1)C  required  in  respect  to 
merchandise  on  board  of  any  vessel  Avhich  has  put  into 
the  United  States  from  a  necessity,  shown  as  prescribed 
in  stH'tion  twenty-seven  hundred  and  seventy-three. 

The  collector  receiving-  any  ])ond  conditioned  for  the  ^J"^"°JJ^''^'^"''*'- 
pavnuMit  of  duties  upon  merchandise  reported  as  destined 
for  a  foreign  port,  in  case  the  sanu^  shall  be  landed  within 
the  United  States,  or  any  other  ]>onds  taken  upon  the 
exportation  of  merchandise  entitled  to  drawback,  shall 
immediately  after  the  time  Avhen  by  the  conditions  of  the 
same  they  ought  to  be  canceled,  put  the  same  in  suit,  pro- 
vided the  proof  of  the  occurrence  of  such  a  necessity  as 
excuses  a  landing  of  such  goods  within  the  United  States 
has  not  been  produced,  oi'  further  time  granted  therefor 
by  the  Secretary  of  the  Treasury. 

"The  collector  shall  direct  the  surveyor,  where  any,  to^/J^.^J^,''''';;'',;';,! 
inspect,  or  cause  to  be  inspected,  the  merchandise  notitiedi"'!;"  lorcxpon. 
for  exportation,  and  if  it  is  found  to  correspond  fully  Avith  '" '  " '' 
the  notice  and  proof  concerning  the  same,  the  collector, 
together  with  the  naval  otiicer,  if  any,  shall  grant  a  permit 
for  lading  the  same  on  board  ot  the  vessel  named  in  such 
notice  and  entry.  Such  lading  shall  be  performed  under 
the  superintendence  of  the  ofticer  by  whom  the  same  has 
been  so  inspected;  and  the  exporter  shall  make  oath  that 
the  merchandise,  so  noticed  for  exportation,  and  laden  on 
board  such  vessel,  previous  to  the  clearance  thereof,  or 
within  ten  daA's  after  such  clearance,  is  truly  intended  to 
be  exported  to  the  place  whereof  notice  has  been  given, 
and  is  not  intended  to  l)c  relanded  within  the  United  States; 
otherwise  the  merchandise  shall  not  be  entitled  to  the 
bene  (it  of  drawback. 

All  merchandise  imported  into  the  United  States,  the  j,,T[Xn'V.'ha^^^ 
duties  on  Avhich  have  been  paid,  oj-  secured  to  be  paid,  may  d'se  jor  t-xpon. 
be  transported  by  land,  or  partly  ))y  land  and  parti}'  by     ^- '•"'•"'• 
water,  or  coastwise,  from  the  district  into  which  it  was 
imported  to  any  port  of  entry  and  exported  from  such  port 
of  entr}'  with  the  benefit  of  drawback. 

Any  vessel  in  which  any  merchandise  is  brought  into  the  g„^,f^adou.sdi.s- 
United  States  from  any  foreign  port,  and  which  is  specified  t"j;ts^,  ^^^ 
in  the  manifest  verified  before  the  collector  of  the  port  in 
Avhich  such  acsscI  first  arri\es,  to  be  destined  for  other  dis- 
tricts, may  proceed  with  the  same  from  district  to  district 
Avitliin  the  United  States,  in  order  to  the  landiiigor  delivery 
thereof;  and  the  duties  on  such  of  the  merchandise  onl}'  as 
shall  be  landed  in  any  district  shall  be  paid  within  such 
district. 

Before  any  vessel  departs  from  the  district  in  which  she^,„^'^f;^  '"^i^"^^  °f 
shall  first  arri\e  for  another  district,  provided  such  depar-  J^'"«.,  2780. 
ture  is  not  within  forty-eight  hours  after  her  arrival  within 
such  district,  with  merchandise  brought  in  such  vessel  from 
a  foreign  port  on  which  the  duties  have  not  l)een  paid,  the 
muster  shall  <)])tain  from  the  collector  of  the  district  from 
which  she  is  about  to  depart,  who  is  herel)}'  required  to 


272  BUREAU    OF   ISTAVIGATION 

grant  the  same,  a  copy  of  the  report  and  manifest  made  by 
such  master,  certified  by  the  collector,  to  which  copy  shall 
be  annexed  a  certificate  of  the  quantity  and  particulars  of 
the  merchandise  which  appears  to  him  to  have  been  landed 
within  his  district,  or  of  the  quantity  and  particulars  of 
the  merchandise  which  remains  on  board  and  upon  which 
the  duties  are  to  be  paid  in  some  other  district. 

Subsequent  re-  Within  twcnty-four  hours  after  the  arrival  of  such  ves- 
^'^ji!'s.,  27sl'  sel  within  any  other  district,  the  master  shall  make  report 
or  entry  to  or  with  the  collector  of  such  other  district, 
producing  and  showing  the  certified  copy  of  his  first  report, 
together  with  a  certificate  from  each  collector  of  any  other 
district  within  which  any  of  the  merchandise,  brought  in 
such  vessel,  has  been  landed,  of  the  quantity  and  particu- 
lars of  such  merchandise  as  has  been  landed  in  each  district 
respectively. 

Bond  with  first     Xhc  uiastcr  sliall,  however,  first  g'ive  bond,  with  one  or 

a.  s.,  2783.  more  sureties,  to  the  satisfaction  of  the  collector  of  the 
district  within  which  the  vessel  first  arrives,  in  a  sum  equal 
to  the  amount  of  the  duties  on  the  residue  of  the  merchan- 
dise, according  to  such  estimate  as  the  collector  shall  form 
thereof,  with  condition  that  the  residue  of  such  merchan- 
dise shall  be  duly  entered  and  delivered  in  another  district 
for  which  the  same  has  been  reported  to  be  destined. 
bond"'^after°"ix  The  bond  shall  be  canceled  or  discharged  within  six  cal- 
months.  cudar  months  from  the  date  thereof,  bv  the  production  of 

certificates  from  the  collector  of  the  districts  for  which  the 
merchandise  has  been  reported,  showing  the  due  entry  and 
delivery  of  the  merchandise  in  such  districts,  or  upon  due 
proof  to  the  satisfaction  of  the  collector  by  whom  the  bond 
was  taken,  and  to  the  naval  officer  of  the  port,  if  an}',  that 
such  entry  and  delivery  were  prevented  by  some  unavoid- 
al)le  accident  or  casualty,  and  if  the  whole  or  any  part  of 
the  merchandise  has  not,  been  lost,  that  it  has  been  duly 
entered  and  delivered  within  the  United  States. 

Penalty  f(ir     If  the  uuistcr  of  any  such  vessel  fails  by  his  neglect  or 
papers/"  *'''*'*'"  fault  to  ol)tain  the  copy  of  his  report  from  the  collector  of 

£.  s.,  2784.  i\^Q  district  from  which  he  is  about  to  depart,  or  any  certifi- 
cate Avhich  he  ought  to  obtain,  or  neglects  to  exhibit  the 
same  to  the  collector  of  any  other  district  to  which  the  ves- 
sel afterward  proceeds,  within  the  time  for  that  purpose 
allowed,  he  shall  be  liable  to  a  penalty,  for  ever}'  such  neg- 
lect or  omission,  of  five  hundred  dollars. 

Vessels  exempt     It  shall  not  be  ucccssary  for  the  master  of  an}'  vessel  of 

ji.  s.^mi.  war,  or  of  any  vessel  employed  by  any  prince,  or  state,  as 
a  public  packet  for  the  conveyance  of  letters  and  dispatches, 
and  not  permitted  by  the  laAvs  of  such  prince  or  state  to  be 
employed  in  the  transportation  of  merchandise,  in  the  way 
of  trade,  to  make  report  and  entry. 

Ferry  boats     Vcssels  uscd  cxclusively  as  ferry-boats  carrying  passen- 
^^M^s^%7h.       gers,  baggage,  and  merchandise,  shall  not  be  required  to 
enter  and  clear,  nor  shall  the  masters  of  such  vessels  be 
required  to  present  manifests,  or  to  pay  entrance  or  clear- 
ance fees,  or  fees  for  receiving  or  certifying  manifests,  but 


BUREAU    OF   NAVIGATION  273 

they  shall,  upon  arrival  in  the  United  States,  be  required 
to  ivport  such  l)a<4'ga<>-o  and  merchandise  to  the  proper 
officer  of  the  customs  according"  to  law. 

Enrolled  or  licensed  vessels  eng-ag-ed  in  the  foreign  and    Vesseiscxempt 
coasting  trade  on  tlie  northern,  northeastern  and  north- [•imJ^es!"^'^''^'" 
western  frontiers  of  the  United  States,  departing  from  or    -^'••^•■^795. 
arriving  at  a  port  in  one  district  to  or  from  a  port  in  an- 
other district,  and  also  touching  at  intermediate  foreign 
ports,  shall  not  thereb}-  become  liable  to  the  payment  of 
entry  and  clearance  fees,  or  tonnage  tax,  as  if  from  or  to 
foreign  ports;  but  such  vessels  shall,  notwithstanding,  be 
requireci  to  enter  and  clear. 

In  order  to  ascertain  what  articles  ought  to  be  exempt ^^^''^■f*'^*^^^^-^^^'^- 
from  duty  as  the  sea-stores  of  a  vessel,  the  master  shall  2i.s.,2795.  ^' 
particularly  specify  the  articles,  in  the  report  or  manifest 
to  be  by  him  made,  designating  them  as  the  sea-stores  of 
such  vessel;  and  in  the  oath  to  be  taken  by  such  master, 
on  making  such  report,  he  shall  declare  that  the  articles  so 
specified  as  sea-stores  are  truly  such,  and  are  not  intended 
by  way  of  merchandise  or  for  sale;  whereupon  the  articles 
shall  be  free  from  dut3\ 

Whenever  it  a^TiJears  to  the  collector  to  whom  a  report  Excessive  sea- 
and  luanifest  of  sea- stores  are  delivered,  together  with  the  "'^'^fl-.,  2796. 
naval  officer,  where  there  is  one,  or  alone,  where  there  is 
no  naval  officer,  that  the  quantities  of  the  articles,  or  any 
part  thereof,  reported  as  sea-stores,  are  excessive,  the  col- 
lector, jointly  with  the  naval  officer,  or  alone,  as  the  case 
may  be,  may  in  his  discretion  estimate  the  amount  of  the 
duty  on  such  excess;  which  shall  be  forthwith  paid  by  the 
master,  to  the  collector,  on  pain  of  forfeiting  the  value  of 
such  excess. 

If  an}"  other  or  greater  quantity  of  articles  are  found  on  -R-  s-,  2797 
board  such  vessel  as  sea-stores  than  are  specified  in  an 
entry  of  sea-stores,  or  if  any  of  the  articles  are  landed 
without  a  permit  first  obtained  from  the  collector,  and 
naval  officer  if  any,  for  that  purpose,  all  such  articles  as 
are  not  included  in  the  report  or  manifest  by  the  master, 
and  all  which  arc  landed  without  a  permit,  shall  be  for- 
feited, and  may  be  seized;  and  the  master  shall  moreover 
be  liable  to  a  penalty  of  treble  the  value  of  the  articles 
omitted  or  landed. 

Sea  stores  and  the  legitimate  equipment  of  vessels  be-    Transfer  of  sea- 

1  ■  ,  1        1  •  I     •  1     i  L-         •  i_  1  Stores  and  equip- 

longing  to  regular  lines  plying  between  loreign  ports  andment. 

the  United  States  delayed  in  port  for  any  cause  maj'  be    n^t'sultfilyi) 

transferred  in  such  port  of  the  United  States  under  the    -^f-  ^'-  ' 

supervision  of  the  customs  officers  from  one  vessel  to  another 

vessel  of  the  same  owner  without  payment  of  duties,  but 

duties  must  be  paid  on  such  stores  or  equipments  landed  for 

consumption,  except  American  products. 

The  master  of  any  vessel  propelled  by  steam,  arriving  at    ^^^^^^t  ?^*^™p^ 
an}'  port  in  the  United  States,  may  retain  all  the  coal  such    ii.s.,27hs. 
vessel  may  have  on  board  at  the  time  of  her  arrival,  and 
may  proceed  with  such  coal  to  a  foreign  port,  without 
being  required  to  land  the  same  in  the  United  States,  or  to 
pay  any  duty  thereon. 

27628—04 18 


274  BUREAU    OF   NAVIGATION 

feste™"^*^  ™''"'      ^^  merchandise  shall  be  brought  into  the  United  States, 

B.'s.,  2S06.       from  any  foreign  port,  in  any  vessel  unless  the  master  has 

on  l)oard  manifests  in  writing  of  the  cargo,  signed  by  such 

master. 

R.s.,2so7.  Every  manifest  required  by  the  preceding  section  shall 

contain: 

First.  The  name  of  the  ports  where  the  merchandise  in 
such  manifest  mentioned  wore  taken  on  board,  and  the 
ports  within  the  United  States  for  which  the  same  are  des- 
tined; particularly  noting  the  merchandise  destined  for 
each  port  respectively. 
cargoin^buik.  Provided^  hoioevei\  That  the  master  of  a  vessel  laden 
(27  Stat,  hi.)  exclusively  either  with  sugar,  coal,  salt,  hides,  dyewoods, 
wool,  or  jute  butts,  consigned  to  one  consignee,  arriving  at 
a  port  for  orders,  may  be  permitted  to  destine  such  cargo 
or  determine  its  disposition  "for  orders,"  upon  entering 
the  vessel  at  the  custom-house,  and,  within  fifteen  days 
afterward  and  before  the  unloading  of  any  part  of  the 
cargo,  to  amend  the  manifest  by  designating  the  actual 
port  of  discharge  of  such  cargo: 

Provided  further^  That  in  the  event  of  failure  to  desig- 
nate the  port  of  discharge  within  fifteen  days  such  cargo 
must  be  dischai'ged  at  the  port  where  the  vessel  entered. 
R.s.,2so,.  Second.  The  name,  description,  and  build  of  the  vessel; 

the  true  admeasurement  or  tonnage  thereof;  the  port  to 
which  such  vessel  belongs;  the  name  of  each  owner,  accord- 
ing to  the  register  of  the  same;  and  the  name  of  the  master 
of  such  vessel. 

Third.  A  just  and  particular  account  of  all  the  merchan- 
dise, so  laden  on  ])oard,  whether  in  packages  or  stowed 
loose,  of  any  kind  or  nature  whatever,  together  with  the 
marks  and  numbers  as  marked  on  each  package,  and  the 
number  or  quantity  and  description  of  the  packages  in 
words  at  length,  whether  leaguer,  pipe,  butt,  puncheon, 
hogshead,  barrel,  keg,  case,  bale,  pack,  truss,  chest,  l)ox, 
band-box,  bundle,  parcel,  cask,  or  package,  of  any  kind  or 
sort,  describing  the  same  by  its  usual  name  or  denomi- 
nation. 

Fourth.  The  names  of  the  persons  to  whom  such  pack- 
ages are  respectively  consigned,  agreeably  to  the  bills  of 
lading  signed  for  the  same,  unless  when  the  goods  are 
consigned  to  order,  when  it  shall  be  so  expressed  in  the 
manifest, 
manifest  "  ^  "^ "     Fifth.  The  namcs  of  the  several  passengers  on  board  the 
vessel,  distinguishing  whether  cabin  or  steerage  passen- 
gers, or  both,  with  their  baggage,  specifying  the  number 
and  description  of  packages  belonging  to  each  respectively. 
Sixth.  An  account  of  the  sea-stores  remaining,  if  any. 
merchkTdl^e!  °^     ^^  merchandise  shall' be  imported,  destined  to  be  deliv- 
R.  ,S'.,  2S08.       ered  in  different  districts  or  ports,  the  quantities  and  pack- 
ages so  destined  to  be  delivered  shall  be  inserted  in  suc- 
cessive order  in  the  manifest;  and  all  spirits  and  wines 
constituting  the  whole  or  any  part  of  the  cargo  of  any 
vessel  shall  also  be  inserted  in  successive  order,  distin- 


BUKEAU    OF    NAVIGATION  275 

p-uisliii\n'  tlu^  yiorts  to  which  th(>  same  may  be  (h'stiiiod,  and 
the  kinds,  (lualities.  and  ([uantities  thereof. 

It"  any  merehandist^  is  hrouoht  into  the  United  States  in    ivimity     for 

1        1      i-  ..  i"       .  .  ""i'  •  1.        "ii  J.   r  •         false  miuiifest. 

any  V(\'^s(^l  whatever  trom  any  ioreioii  port  witliout  ha\ mo-  a-.  >.,  .'son. 
snch  a  manifest  on  lioard,  or  Aviiich  shall  not  bo  ineiudcd 
or  described  in  the  manifest,  oi'  shall  not  aurce  therewith, 
the  master  shall  be  lial)lo  to  a  penalty  C(puil  to  the  value 
of  such  merchandise  not  included  in  such  manifest;  and  all 
such  merchandise  not  included  in  the  manifest  belonj>-in<>- 
or  consigned  to  the  master,  mate,  officers,  or  crew  of  such 
vessel,  shall  be  forfeited. 

Whenever  it  is  made  to  appear  to  the  satisfaction  of  the  Lost  manifests, 
collector,  naval  officer,  and  surveyor,  or  to  the  major  part '''^a>.  ^•.,  ;.'Aio. 
of  thiMU,  where  those  officers  are  established  at  any  port, 
01'  to  the  satisfaction  of  the  collector  alone,  where  cither 
of  the  other  of  the  officers  is  not  established,  or  to  the 
satisfaction  of  the  court  in  which  a  trial  shall  ])e  had  con- 
cerning- such  forfeiture,  that  no  part  of  the  carjjo  of  any 
vessel  without  proper  manifests  was  unshipped,  after  it  was 
taken  on  ])oard,  except  such  as  shall  have  ])een  particidarly 
specified  and  accounted  for  in  the  report  of  the  master,  and 
that  the  manifests  have  ])een  lost  or  mislaid,  without  fraud 
or  collusion,  or  were  defaced  by  accident,  or  became  incor- 
rect by  mistake,  no  forfeiture  or  penalty  shall  be  incurred 
under  the  precedin<^  section. 

Every  master  of  any  vessel  laden  with  merchandise,  and  .  insptctioTi  of 
hound  to  any  port  in  the  United  States  shall,  on  his  arrival  rests  byboauung 
within  four  lea,i>-ues  of  the  coast  thereof,  or  within  any  oi'^^'^^'^^-.^^^j 
the  l)ays,  harbors,  ports,  rivers,  creeks,  or  inlets  thereof, 
upon  demand,  produce  the  manifests  in  writing-,  which 
such  master  is  recpiired  to  have  on  board  his  vessel,  to 
such  officer  of  the  customs  as  tirst  comes  on  board  his 
vessel,  for  inspection,  and  shall  deliver  to  such  officer  true 
copies  thereof,  which  copies  shall  l)e  provided  and  sub- 
scribed by  the  master,  and  the  officer  to  whom  the  orio-inal 
manifests  have  been  produced  shall  certify  upon  the  l)ack 
thereof  that  the  same  were  produced,  and  the  da}'  and 
year  on  which  the  same  were  so  produced,  and  that  such 
co])ies  were  to  him  delivered  and  ])y  him  examined  with 
the  orio-inal  manifest;  and  shall  likewise  certify  upon  the 
l)ack  of  such  copies  the  day  and  year  on  which  the  same 
were  delivered,  and  shall  forthwith  transmit  such  copies 
to  the  respective  collectors  of  the  several  districts,  to 
which  the  jjoods  by  such  manifests  appear  respective!}'  to 
be  consigned. 

The  master  of  any  such  vessel  shall  in  like  manner  pro-  Kxiubition  of 
duce  to  the  officer  of  the  customs  who  first  comes  on  board  a-.  ,b„'2Si-'. 
such  vessel,  upon  her  arrival  within  the  limits  of  any  col- 
lection-district in  which  the  cargo,  or  any  part  thereof,  is 
intended  to  be  discharged  or  landed,  for  his  inspection, 
such  manifest;  and  shall  also  deliver  to  him  true  copies 
thereof,  such  copies  also  to  be  provided  and  subscribed  by 
the  master,  the  production  of  which  manifests  and  the 


276  BUREAU    OF   NAVIGATIOK 

deliveiy  of  which  copies  shall  also  be  certified  1)}"  the 
officer  of  the  customs,  upon  the  back  of  the  original  man- 
ifests, with  the  particular  day  and  yeav  when  such  mani- 
fests were  produced  to  such  officer,  and  when  he  so  received 
the  copies  thereof;  and  such  officer  is  required  forthwith 
to  transmit  the  copies  of  the  manifest  to  the  collector  of 
the  district;  and  the  master  shall  afterward  deliver  the 
original  manifests  so  certified  to  the  collector.  When  any 
manifests  shall  be  produced,  upon  which  there  shall  be  no 
certificate  from  any  officer  of  the  customs  as  Ijefore  men- 
tioned, the  master  producing  the  same  shall  be  required 
to  make  oath  that  no  officer  has  applied  for,  and  that  no 
indorsement  has  taken  place  on,  any  manifest  of  the  cargo 
of  such  vessel. 
manifest*^to  be  "^^^^  master  of  any  such  vessel  shall  not  be  required  to 
delivered.  make  delivery  of  more  than  one  copy  of  each  manifest  to 

"-'■'"  ■  the  officer  who  shall  first  come  on  board  of  such  vessel, 
within  four  leagues  of  the  coast  of  the  United  States,  and 
one  other  copy  to  such  officer  as  shall  first  come  on  l)oard 
within  the  limits  of  any  collection-district,  for  which  the 
cargo  of  such  vessel,  or  some  part  thereof,  is  destined,  nor 
to  make  delivery  of  any  such  copy  to  any  other  officer;  but 
it  shall  be  sufficient,  in  respect  to  any  such  other  officer, 
to  exhibit  to  him  the  original  manifests  and  the  certificates 
thereupon, 
fanure^  to^  pnv  ^^  ^^c  master  of  any  vessel  laden  with  merchandise,  and 
<i"ce  manifest,  bouud  to  any  port  in  the  United  States,  fails  upon  his 
arrival  Avithin  four  leagues  of  the  coast  thereof,  or  within 
the  limits  of  any  collection-district,  where  the  cargo  of 
such  vessel,  or  au}^  part  thereof,  is  intended  to  be  dis- 
charged, to  produce  such  manifests  as  are  heretofore 
required,  in  writing,  to  the  proper  officer  upon  demand 
therefor,  or  to  deliver  such  copies  thereof,  according  to  the 
directions  of  the  preceding  sections,  or  if  he  fails  to  give 
an  account  of  the  true  destination  of  the  vessel,  which  he 
is  hereby  required  to  do,  upon  request  of  such  officer,  or 
gives  a  false  account  of  such  destination,  in  order  to  evade 
the  production  of  the  manifests,  the  master  shall  for  every 
such  neglect,  refusal,  or  ofiense,  be  liable  to  a  penalty  of 
not  more  than  five  hundred  dollars.  If  any  officer  first 
coming  on  l)oard,  in  each  case,  shall  neglect  or  refuse  to 
certify  on  the  back  of  such  manifests  the  production 
thereof,  and  the  delivery  of  such  copies  respectively  as 
are  directed  to  be  delivered  to  such  officer,  such  officer 
shall  })e  liable  to  a  penalty  of  five  hundred  dollars. 
Report  of  offl-  'j^hc  officcrs  who  may  apph^  to  the  master  of  any  such 
.R.s.,2si5.  vessel,  respecting  any  of  the  provisions  in  the  preceding 
sections,  and  who  shall  not  receive  full  satisfaction  therein, 
are  hereby  required  to  make  a  return  in  writing  of  the 
name  of  the  vessel  and  master  so  offending,  in  any  or  all 
of  the  particulars  required,  as  soon  as  possible,  to  the  col- 
lector of  the  district  to  which  such  vessel  shall  be  consid- 
ered to  be  bound. 


cer 


BUREAU    OF    NAVIGATION 


27V 


Collectors  and  surveyors,  respectively,  may,  whenever  Jj^fPf^5°y^^°g^°- 
tbov  iiuU'c  it  to  he  necessary  for  the  security  of  the  I'eyenue,    -R.  «■,  ^ss/,. 

/  •'      ••  .  i;    Ai  •     4.  1  "^1  14.         Mar.  S.  1897. 

put  an  uispcctor  ot  the  customs  on  hoard  any  vessel,  to  {S9  ,stat.,  69i.) 
accomptuiy  tiu>  same  until  h(>r  arri\al  at  th(>  tirst  port  of  '""<'■•  ^^• 
entry  or  tlelivery,  in  th(>  district  tt)  which  such  ycssel  may 
be  destined.  If  the  master  of  any  vessel  shall  neolect  or 
omit  to  deposit  a  manifest  as  herein  prescrihed,  or  shall 
refuse  to  receive  an  insi)ector  of  the  customs  on  board,  as 
the  case  recpiires,  he  shall  forfeit  and  pay  tiye  hundred 
dollars,  to  ho  r(^coyered  ^vith  cost  of  suit,  one-half  for  the 
use  of  tiie  otlii-er  with  whom  such  manifest  ought  to  have 
been  deposited,  and  the  other  half  to  the  use  of  the  col- 
lector of  th(^  district  to  Avhich  such  vessel  may  l)c  hound. 
If,  howeyer,  tiie  manifest  shall,  in  either  of  the  above  cases, 
baye  been  previousl}-  delixered  to  an}-  officer  of  the  cus- 
toms, pursuant  to  the  provisions  hereinafter  made  in  that 
behalf,  the  depositing  of  a  manifest  shall  not  be  necessary. 

When  any  merchandise  is  intended  to  be  imported  f  I'om  ^.j^^^^^lj'T^/'^^™^^; 
anv  foreign  country  into  th(^  port  of  Albany,  ui)on  the  Hud-  t'ai  rorts. 

soil  Kiver,  in  New  York,  such  merciiandise  may  be  entered      ' 

at  any  port  of  entry  and  thereafter  transported  to  Albany, 
upon  compliance  with  s(H-tions  twenty-eight  hundred  and 
twenty-tiye  to  twenty-eight  hundred  and  tliirty-one,  inclu- 
sive. 

■  Wh(Mi  any  merchandise  is  intended  to  be  imported  from  ^."^"''l^^jjP^' 
any  foreign  countr}'  into  the  port  of  Augusta,  upon  the 
Savannah  River,  in  Georgia,  such  merchandise  may  be 
entered  at  the  port  of  Savannah  and  thereafter  transported, 
either  ])y  the  river  or  l)y  railroad,  to  Augusta,  upon  com- 
pliance with  sections  twenty-eight  hundred  and  twent^'-tive 
to  twenty-eight  hundred  and  thirty-one,  inclusive, 

When'any  merchandise  is  intended  to  l)e  imported  from  ^^^t^^^siJ^^" 
any  foreign  country  into  the  port  of  Falatka,  upon  the 
Saint  John's  Kiver,  in  Florida,  such  merchandise  may  be 
entered  at  Saint  John's,  and  thereafter  transported  to 
Pilatka  upon  compliance  with  sections  twenty-eight  hun- 
di-ed  and  tw(>nty-fiye  to  twenty-eight  hundred  and  thirty- 
one,  inclusive. 

^^'hen  any  merchandise  is  intended  to  be  imported  from  ^."^^'Is'/iT''^' 
any  fonMgn  country  to  the  port  of  Bay  port,  in  Florida, 
such  merchandise  may  be  entered  at  Cedar  Ke3's,  and 
thereafter  ti'ansported  to  Bay  port,  ujwn  compliance  with 
sections  twenty -eight  hundred  and  twenty-live  to  twenty- 
eight  hundred  and  thirty-one,  inclusive. 

When  any  merchandise  is  intended  to  be  imported  from 
any  foreign  countiy  into  the  port  of  Selma,  u])on  the  Ala- 
bama Kiver.  in  Alabama,  such  merchandise  may  be  entered 
at  Mobile,  and  thereafter  trans])orted  to  Selma,  upon  com- 
pliance with  sections  twenty-eight  hundred  and  twent}^- 
tive  to  twentj'-eight  hundred  and  thirty-one,  inclusive. 

When  any  merchandise  is  intended  to  he  imported  from 
any  foreign  country  into  theportof  Houston,  upon  Trinity 
River  [BuH'alo  Bayou],  in  Texas,  such  merchandise  maybe 
entered  at  the  port  of  Galveston  and  thereafter  transported 


Solma,  Ala. 


Houston,  Tex. 

A'.  ,S'.,  2S21. 


278  BCTREAir    OF   NAVIGATION 

to  Houston,  upon  compliance  with  sections  twenty -eiglit 
hundred   and  twenty-five   to    twenty-eight  hundred   and 
thirt3^-one,  inclusive. 
its^tributlnes"*^     When  an}^  merchandise  is  intended  to  be  imported  from 

R.s.,282^.  any  foreign  country"  into  either  of  the  following  ports  of 
delivery,  being-  ports  upon  the  Mississippi  River  and  its 
tributaries,  namel}^ Pittsburg, inPennsyhania;  Wheeling, 
in  West  Virginia;  Cincinnati,  in  Ohio;  Louisville,  in  Ken- 
tucky; Saint  Louis,  in  Missouri;  Nashville,  in  Tennessee; 
such  merchandise  may  l)e  entered  at  the  port  of  New 
Orleans,  or  at  either  of  such  ports  of  entry  on  the  sea- 
board as  ma}^  be  designated  by  the  Secretary  of  theTreas- 

^c6- ^i.  1^03.     ury,  and  thereafter  transported  to  the  port  of  deliyery  for 

kcio.  '  ''  which  the  same  is  intended,  by  such  inland  routes  as  the 
Secretary  of  the  Treasur}"^  may  designate,  under  such  rules 
and  regulations  not  inconsistent  with  law  as  he  may  pre- 
scribe, in  compliance  with  sections  twenty-eight  hundred 
and  twenty-tiyc  to  twenty-eight  hundred  and  thirty-one, 
inclusiye,  and  sul)ject  to  the  forfeitures  and  penalties  there- 
in mentioned. 

R.s.,ss23.  When  any  merchandise  is  intended  to  l)e  imported  from 

any  foreign  country  into  either  of  the  following  ports  of 
delivery,  namely :  Parkersburg,  in  West  Virginia;  Paducah, 
in  Kentucky;  Saint  floseph  and  Kansas  City,  in  Missouri; 
Memphis,  in  Tennessee,  Alton,  Galena,  Quincy,  and  Cairo, 
in  Illinois;  Eyansyille,  New  Albany,  Madison,  and  Jeiler- 
sonville,  in  Lidiana;  Keokuk,  Dubuque,  and  Burlington, 
in  Iowa;  Leayenworth,  in  Kansas,  and  Omaha,  in  Nebraska, 
such  merchandise  may  be  entered  at  the  port  of  New 
Orleans,  and  thereafter  transported  to  the  port  of  deliyery 
for  which  the  same  is  intended,  in  compliance  with  sec- 
tions twenty-eight  hundred  and  twenty-fiye  to  twenty -eight 
hundred  and  thirty-one,  inclusive,  and  subject  to  the  for- 
feitures and  penalties  therein  mentioned, 
left^'^at^^^'^  *cia1  '^^^  importer  of  any  merchandise  destined  for  any  of  the 
port.  ports  mentioned  in  the  eight  preceding  sections  shall  deposit 

M,_w.' 3,^1897.      in  the  custody  of  the  suryeyor  of  such  port  of  deliyery  a 

sJc^if"'^^^'''  ■''chedule  of  the  goods  so  intended  to  l)e  imported,  with  an 
estimate  of  their  cost  at  the  place  of  exportation,  where- 
upon the  suryeyor  shall  make  an  estimate  of  the  amount  of 
duties  accruing  on  the  same,  and  the  importer  or  consignee 
shall  giye  bond,  with  suliicient  sureties,  to  be  approyed  by 
the  surye3^or,  in  double  the  amount  of  the  duties  so  esti- 
mated, conditioned  for  the  payment  of  the  duties  on  such 
merchandise,  ascertained  as  hereinafter  directed;  and  the 
suryeyor  shall  forthwith  notify  the  collector  at  the  port 
of  entry  for  the  collection-district  to  which  such  port  of 
deliyery  is  attached,  of  the  same,  by  forwarding  to  him  a 
copy  of  bond  and  schedule. 

R.  s.,  SSS9.  ry^^^Q  master  or  conductor  of  an}^  such  vessel  or  vehicle 

arriying  at  either  of  the  ports  named  in  sections  twenty- 
eight  hundred  and  sixteen  to  twenty-eight  hundred  and 
twenty-four,  inclusiye,  on  board  of  Avhich  merchandise 
shall  have  been  shipped  at  such  port  of  entry,  shall,  within 


BUREAU    OF   NAVIGATION  279 

cij^htoen  hours  next  aftov  the  urrival,  and  previouslj'^  to 
unloading  any  part  of  such  nierchandi.se,  deliver  to  the  .sur- 
veyor of  8ueli  port  the  nianife.st  of  the  same,  certified  by 
the  coUector,  at  the  port  of  entry,  and  shall  make  oath 
lioforc  the  surve3'or  that  there  was  not,  when  he  departed 
from  the  port  of  entry,  any  more  or  other  merchandise  on 
hoard  such  boat,  vessel,  or  vehicle  so  imported  than  is 
therein  mentioned.  If  the  master  of  such  ves.sel  or  vehicle  Penalty, 
shall  neulect  or  refuse  to  deliver  the  manifests  within  the 
time  herein  directed,  he  shall  ])e  liable  to  a  penaltj^  of  one 
hundred  dollars. 

All  vessels  proceeding  to  the  ports  of  Natchez  or  Vicks-  vioksbur'^''  ""^ 
burg  from  any  foreign  port  shall  stop  and  report  their  n.'s.,  ssk. 
arrival  at  the  port  of  New  Orleans;  and  before  an}'  such 
ves.><el  shall  proceed  on  her  voyage  to  Natchez  or  Vicks- 
l)urg  the  collector  for  the  district  of  New  Orleans  shall 
order  on  ])oard  any  such  vessel  a  custom-hou.se  officer,  who 
shall  remain  on  board  such  vessel  until  her  arrivalat  Natchez 
or  A'icksburg.  Such  customhouse  officer  shall  take  pos- 
session of  and  safely  keep  all  the  papers  belonging  to  such  * 
ve.ssel  having  relation  to  the  freight  or  cargo  on  board, 
which  papers  he  shall  deliver  to  the  collector  at  Natchez  or 
Vicksburg  immediateh'  after  his  arrival  at  that  port;  and 
any  such  vessel,  which  shall  depart  from  New  Orleans  with- 
out such  custom-house  officer  on  board,  shall  be  subject  to 
all  the  pains  and  penalties  provided  for  by  law^  for  a  viola- 
tion of  the  revenue  laws. 

The  expenses  of  the  custom-house  officer  who  may  be    ^-  '^■.  ^^ss. 
put  on  board  any  such  vessel  bound  for  Natchez  or  Vicks- 
burg at  New  Orleans,  from  the  time  of  his  being  put  on 
board  until  his  return  to  New  Orleans,  shall  be  paid  by 
the  owner  of  such  vessel. 

The  master  of  any  vessel  arriving  wdtliin  the  districts  Rjchmon'r^  °^ 
of  Peterslnirg  or  Richmond,  Uiden  with  merchandise,  ii.s.,sm. 
belonging  or  consigned  to  per.sons  resident  within  both  the 
districts,  shall  make  entry  of  such  vessel,  in  manner  already 
prescribed  by  law,  with  the  collector  of  that  district 
wherein  the  owner  or  consignee,  or  the  husband  or  acting- 
manager  of  such  vessel,  shall  actually  reside;  and  the  mas- 
ter shall,  at  the  time  of  making  the  entry,  deliver  a  dupli- 
cate manifest  of  the  cargo  to  the  collector,  who.se  duty  it 
shall  then  be  to  certify  the  same  as  a  true  copy,  and  to 
transmit  it  to  the  collector  of  the  other  district,  and  the 
delivery  of  such  merchandise  shall  l)e  authorized  by  per- 
mits from  the  collector  of  each  district,  respectively,  in 
which  the  .same  has  been  duly  entered  according  to  law. 
No  importer,  owner,  or  con.signee  of  merchandise,  residing 
in  either  district,  shall,  however,  be  admitted  to  make  an 
entry  of  such  merchandise  with  the  collector  of  the  district 
in  which  such  importer,  owner,  or  consignee  does  not 
reside.  All  entries,  moreover,  for  merchandise,  made  by 
agents,  for  per.sons  residing  in  other  districts,  shall  be 
niade  with  the  collector  of  the  district  in  w'hich  such  vessel 
niay  discharge. 


280  BUREAU    OF   NAVIGATION 

N^'^^astie^  fti?*^     Vessels  owned  in  whole  or  in  part  in  the  towns  of  Edge- 

ji.  s.,25io.    '   comb  and  Newcastle  in  Maine,  having  entered  in  due  form 

of  law  at  the  port  of  Wiscasset,  and  taken  on  l)oard  an 

officer,  shall  be  permitted  to  unlade  in  the  parts  of  those 

towns  which  adjoin  Sheepscut  River. 

^?^^"eryorBer-  Merchandise 'destined  for  either  of  the  towns  of  Kit- 
E.k.ssn.  tery  or  Berwick,  in  Maine,  may  be,  at  the  option  of  the 
master  of  the  vessel,  entered  and  permit  for  the  delivery 
thereof  obtained,  either  in  the  district  of  Portsmouth,  in 
the  State  of  New  Hampshire,  or  in  the  district  of  York, 
in  the  State  of  Maine. 

^G^reenport,      ^^  cargoes  chargeable  with  duties  intended  for  delivery 

'ji.'s.,2537.       at  the  port  of  Greenport,  in  the  State  of  New  York,  shall 

be  entered  and  the  duties  paid  at  the  port  of  Sag  Har])or, 

before  permission  shall  be  granted  to  discharge  the  same 

at  Greenport. 

POT^^^efferson.*^^  ^11  merchandise  chargeable  with  duties  intended  for 
ji.  ,s'.,  25W.  delivery  at  the  port  of  Cold  Spring,  on  the  north  side  of 
Long  Island,  in  the  State  of  New  York,  or  at  the  port 
of  Port  Jefferson,  in  that  State,  shall  be  entered  and  the 
duties  paid  at  the  port  of  New  York,  before  permission 
shall  be  granted  to  discharge  the  same  at  Cold  Spring  or 
Port  Jefferson. 

^^Brownsville,  ^|j  merchandise  transported  in  bond  to  the  port  of 
ji^s.,25si.  Brownsville  from  any  other  port  of  the  United  States,  by 
Brazos  Harlior,  may,  on  arrival  in  that  harbor,  be  trans- 
shipped under  such  regulations,  not  inconsistent  with  law, 
as  the  Secretary  of  the  Treasury  may  prescribe,  in  other 
vessels  for  transportation  by  the  Rio  Grande  to  Browns- 
ville; and  all  merchandise  imported  into  the  district  by 
Brazos  Harbor,  from  any  foreign  countr}^  may  in  like  man- 
ner be  transshipped  to  Brownsville  as  provided  for  goods, 
wares,  and  merchandise  transshipped  in  bond. 

to^po^ru^and'!     The  mastcr  of  every  vessel  entering  the  Columbia  River 

^^£%  2588  fi"oiii  the  sea,  and  bound  for  Portland,  in  the  district  of 
Willamette,  shall  exhibit  his  papers  to  the  collector  of  the 
port  of  Astoria,  and  deposit  with  him  a  sworn  copy  of  the 
manifest  of  cargo.  If  the  vessel  is  laden  with  domestic 
merchandise  or  merchandise  in  bond  for  Portland,  the  col- 
lector at  Astoria  shall  permit  her  to  proceed  to  her  place  of 
destination;  but  if  she  has  dutiable  merchandise  on  board 
not  bonded,  he  shall  cause  a  customs  officer  to  proceed  on 
board  the  vessel  to  Portland,  who  shall  see  that  no  goods 
are  landed  from  such  vessel  before  her  arrival  and  entry 
at  the  latter  port.  The  necessary  expenses,  including  the 
per  diem  of  such  ofhcer  and  the  expense  of  his  return  to 
Astoria,  shall  be  paid  by  the  master  of  such  vessel  to  the 
collector  of  customs  at  Portland,  for  the  use  of  the  United 
States,  before  permit  shall  be  given  to  unload. 
Entry  at  Asto-  ^/j^^n  a  vcsscl  shall  arrive  at  Astoria,  in  the  district  of 
E.  s.,  2690.  Oregon,  from  sea,  having  merchandise  on  board  for  that 
place  and  also  for  Portland,  in  the  district  of  Willamette, 
such  vessel  shall  enter  at  Astoria  and  discharge  such  por- 


na 


BUREAU    OF    NAVIGATION  281' 

tion  of  lun-  cargo  as  is  destined  for  that  place,  whereupon 
till"  collector  shall  cause  her  hatches  to  he  closed  and  sealed, 
and  shall  then  permit  her  to  proceed  to  Portland  in  charjre 
of  a  customs  oflicer. 

Mei-chandisc  imported  into  the  port  of  Louisville,  and    •]f'\?'"%gr"^- 
destined  for  Jetl'ersonville.  may  be  landed  and  warehoused 
at  Jetl'ersonville,  under  the   custody  and   conti'ol   of  the 
survcA'or  of  the  port  of  Louisville. 

Any  vessel  owned  by  or  consig-iied  to  any  person  in  the  ^  c-j'jli^anco  at 
collection-district  of  Richmond,  and  which  shall  be  loaded,  iiichmond    miii 
in  whole  or  in  part,  in  the  district  of  retersl)uro-,  by  such  ''a'';'s.''"m/,. 
owner  or  consiy'nee,  may  be  cleared  by  the  collector  of  the 
district  of  Richmond,  on  application  of  the  owner,  con- 
sionce,  or  captain  of  such  vessel. 

AH  vessels  clearino-  from  Portland,  in  the  district  of  Wil-  ^J^.'^Jl/,^"'^  ''"'^ 
lamette,  and  bound  to  sea,  shall,  on  arrival  at  Astoria,  in  a*,  s.,  i'.w;/. 
the  district  of  Oregon,  report  to  the  collector;  and  the 
master  of  every  vessel  so  reporting-  shall  leave  a  eopy  of 
his  manifest,  including-  uny  additional  cargo  taken  on  board 
after  leaving  Portland,  with  the  collector  at  Astoria,  and 
thereu]:)on  shall  be  allowed  to  proceed  to  sea.  The  master 
or  other  person  in  charge  or  command  of  any  vessel  enter- 
ing the  Columbia  River  from  the  sea,  or  clearing  from 
Portland  and  bound  to  sea  as  described  in  this  section, 
who  shall  neglect  to  exhibit  his  papers,  or  to  report  to  the 
collector,  or  to  deposit  his  manifest,  as  herein  required, 
shall  be  liable  to  a  penalt}'  of  one  hundred  dollars. 

The  master  or  person  having  charge  or  command  of  any  ^^^f^^  cham- 
steamboat  on  Lake  Champlain,  when  going  from  the  I'^nited  r.  k,  1,20s. 
States  into  the  province  of  Quebec,  ma}'  deliver  a  manifest 
of  the  cargo  on  board,  and  take  a  clearance  from  the  col- 
lector of  the  district  through  Avhich  any  such  ])oat  shall  last 
pass,  when  leaving  the  United  States,  without  regard  to 
the  place  from  which  any  such  boat  shall  have  conunenced 
her  voyage,  or  where  her  cargo  shall  have  been  taken  on 
board. 

The  importer,  or  his  agent,  may  enter  merchandise  at ehandSefor™ u- 
the  port  of  entry  for  the  collection-district  into  which  itferent  port  of 
is  to  be  im])orted  in  the  usual  manner;  and  the  collector *^ ^'^.^^C ^'s"^. 
shall  grant  a  permit  for  the  landing  thereof,  and  cause  the 
duties  to  ))e  ascei'tained  as  in  other  cases,  the  goods  remain- 
ing ill  the  custody  of  the  collector  until  reshipped  for  the 
place  of   destination.     The  collector  .shall  certify  to  the 
surveyor  at  such  place  the  amount  of  such  duties,  which 
the  surveyor  shall  enter  on  the  margin  of  the  bond  given 
to  secure  the  same;  and  the  merchandise  shall  be  delivered 
b}'  the  collector  to  the  agent  of  the  importer  or  consignee, 
didy  authorized  to  receive  the  same,  for  shipment  to  the 
place  of  destination. 

The  master  or  conductor  of  every  vessel  or  vehicle  in  ifj^^t^tlfbe'^grve"! 
which  such  merchandise  shall  be  transported,  shall,  pre- to^oi^ector. 
vioush'  to  departure  from  the  port  of  entry,  deliver  to  the 
collector  duplicat(>nianifests  of  such  merchandise,  specif}^- 
ing  the  marks  and  numbers  of  every  case,  bag,  box,  chest. 


282  BUREAU    OF   NAVIGATION 

or  puckiigo,  c'ontainint^  the  .same,  with  the  name  niul  place 
of  residence  of  every  importer  or  consionee  of  such  mer- 
chandise, and  the  (luaiititv  shipped  to  each,  to  ])e  l)y  him 
subscribed,  and  to  the  truth  of  ^vhich  he  shall  swear,  and 
that  the  nuM'chandise  has  been  received  on  ))oard  his  vessel 
or  vehicle,  statinj^*  tiie  name  of  the  a<;"ent  who  shi])ped  the 
same;  and  the  coHector  sliall  certify  tiie  facts,  on  the  mani- 
fests, one  of  Avhich  he  sliall  I'etuni  to  the  master,  with  a 
permit  thereto  annexed,  authori/cint:"  him  to  proceed  to  the 
place  of  his  destination. 

Penalty  for  nil-  Jf  .my  yesscl  or  Vehicle  having-  sm-h  merchandise  on 
ture.   '      ^^"'  board  shall  depart  from  the  port  of  entry  without  having 

R.  ,s'.,  2S2!i.  (.()in])licd  with  the  provisions  of  the  preceding  section,  the 
master  or  conductor  thereof  shall  be  liable  to  a  penalty  of 
fi\'e  hundred  dollars. 

Comparison  ..f     ^lic  survcvor  at   the   port  of   deliverv  shall  cause  the 

cargo  and  main-  •  i  ■         .  .  , 

fe.st.  casks,  bags,  boxes,  cliests,  or  j)acKages,  to  be  mspc^cted,  ana 

}{.  ,s.,  2HS0.  comi)ared  with  the  manifests,  and  the  same  being  ideiitilied 
he  shall  grant  a  ])ermit  for  uidoading  the  same,  or  such  j)art 
thereof  as  the  master  or  conductor  shall  iiMiuest;  and  when 
a  part  only  of  such  mei'chandise  is  intended  to  be  landed 
the  surveyor  shall  make  an  indorsement  on  the  back  of  the 
manifests,  designating  such  ])art,  specifying  the  articles  to 
be  landed,  and  shall  return  the  manifests  to  the  master  or 
conductor,  indorsing  (hereon  his  permission  to  such  vessel 
or  vehicle  to  proceed  to  the  i)lace  of  its  destination. 

enm^liuHinh^d-     ''''^''  master  of  any  st(>amsliip,  trading  between  foreign 

in},'."  ports  and  ports  in  the  Tnited  States,  and  I'umiing  in   a 

{""Uat^.'^sr'.]  regularly  established  steamshi})  line,  which  line  shall  have 
been  in  existence  and  running  steamers  in  the  foreign  trade 
for  not  less  than  one  year  previous  to  the  applicatic^n  of  the 
privilege  extended  by  this  Act,  arriving  in  a  port  of  entry 
may  mak(>  preliminary  entry  of  the  vessel  by  making  oath 
or  allirmation  to  the  ti'uth  of  the  statements  contained  in 
his  manifest  and  delivering  said  manifest  to  the  customs 
officer,  who  shall  board  said  \-essel,  whereupon  the  uidad- 
ing  of  such  vessel  may  ])roc(M'd  upon  arrixal  at  the  wharf, 
under  such  regulations  as  the  Secretary  of  the  'Pi'easury 
shall  pivscribe,  but  nothing  in  this  Act  shall  relieve  the 
master  of  any  vessel  from  subsecjuent  compliance  with  the 
provisions  of  existing  laws  regarding  the  report  and  entry 
of  vessels  at  thl^  custom  house,  (.'ustoms  olHcei's  acting  as 
boarding  ollicers,  and  any  customs  officer  who  may  be  desig- 
nated for  that  purpose  by  tlu>  collector  of  th(>  ])<)rt.  aie 
hereby  authorized  to  administer  tlu^  oath  or  aliii'mation 
h(M"eiii  ])r()vided  for. 
K'^tensioii    ii.      'Pheprox  isionsof  the  Act  of  dune  lifth,  eighteen  humlred 

uawnii.  aud  iiinety-four,  entitled  "An  Act  to  facilitate  Ihe  entry  of 

f^/'.s7«/./x''w.')  steamshij)s,'"'  are  hereby  (>xtended  to  steamships  engaged  in 

trading  between  ports  of  Poi'to  Kico  and  the  'i'erritory  of 

Hawaii  and  those  of  the  Tnited  States. 

niiK'ii  miia.i-      If  after  the  arrival  of  any  vessel  laden  with  merchandise 

"\s.,:'s,;7.       and  bound  (o  the  United   States,  within  the  limits  of  any 
colleilion-district,  or  within  four  leagues  of  the  coast,  any 


BUREAU   OF   NAVIGATION  283 

part  of  tho  carg-o  of  Mich  vessel  shall  l)o  iiiilacloii,  for  an}" 
purpose  whate\er,  hcfore  such  vessel  has  conic  to  the 
})ropcr  place  for  the  discharge  of  her  cargo,  or  sonic  part 
thereof,  and  has  been  there  duly  authorized  b}- the  proper 
officer  of  the  customs  to  unlade  the  same,  the  master  of 
sucliA'essel  and  the  mate,  or  other  person  next  in  command,  p^naitv  for  ii- 
shall  respectively  be  liabh»  to  a  penalty  of  one  thousand  ii^^K'>i'"i'fafii"K- 
dolhirs  for  each  such  otlense.  and  tlic  merchandise  so  un- 
laden shall  be  forfeited,  except  in  case  of  some  unavoid-  ^  . 
al)le  accident,  necessity,  or  distress  of  "weather.  In  case 
of  such  unavoidable  accident,  necessity,  or  distress,  the 
master  of  such  vessel  shall  give  notice  to,  and,  tooetlier 
with  two  or  more  of  the  officers  or  marines  on  board  such 
vessel,  of  whom  the  mate  or  other  person  next  in  command 
shall  be  one,  shall  make  pi-oof  upon  oath  before  the  col- 
lector, or  other  chief  officer  of  the  customs  of  tiie  district, 
within  the  limits  of  which  such  accident,  necessity,  or  dis- 
tress happened,  or  l)efore  the  collectoi",  or  other  chief 
officer  of  the  collection-district,  within  the  limits  of  which 
such  vessel  shall  first  aft(M-wai'd  arrive,  if  the  accident, 
necessity,  or  distress  happened  not  within  the  limits  of 
;iiny  district,  but  within  four  leagues  of  the  coast  of  the 
United  States.  The  collector,  or  other  chief  officer,  is 
hereby  authorized  and  required  to  administer  such  oath. 

If  any  merchandise",  so  unladen  from  on  board  aiiv  ^^^'i^  ceivh?g%oaii^^' 
vessel,  shall  be  put  or  received  into  any  other  vessel,  except  -^'-  •''■.  ~*'s. 
in  the  case  of  such  accident,  necessitv,  or  distress,  to  be 
•so  notified  and  proved,  th(^  master  of  any  such  vessel  into 
which  the  merchandise  shall  be  so  put  and  received,  and 
ever}'  other  person  aiding  and  assisting  therein,  shall  be 
lial^le  to  a  penalt\'  of  treble  the  value  of  the  merchandise, 
and  the  vessel  in  which  the}-  shall  be  so  put  shall  be 
forfeited. 

Except  as  authorized  by  the  preceding  section,  no  mer-  fjj/^"''^'^'"*^  ^^ 
chandise  l)rought  in  any  vessel  from  any  foreign  port  shall  a-.  s.,2S7'^. 
be  unladen  or  didivcred  from  such  vessel  within  the  United 
States  l)ut  in  open  day — that  is  to  say,  between  the  rising 
and  the  setting  of  the  sun — except  by  special  license  from 
the  collector  of  the  port,  and  naval  officer  of  the  same, 
where  there  is  one,  for  that  purpose,  nor  at  any  time  with- 
out a  permit  from  the  collector,  and  naval  officer,  if  any, 
for  such  unlading  or  delivery. 

^Vhcn  the  license  to  unload  between  the  setting  and ^^ j™'^*^'"^    ''>' 
risino-  of  the  sun  is  granted  to  a  sailing  vessel  under  this    .nm,  x.issi,. 

,.*'  -•  1  ^x-  1  II  4--  {  J.!  Slat.,  59.) 

section,  a  nxed,  uniform,  and  reasonable  compensation  .sv,. -5. 
may  be  allowed  to  the  inspector  or  inspectors  for  service 
between  the  setting  and  rising  of  the  sun,  under  such 
regulations  as  the  Secretary  of  .the  Treasury  may  pre- 
scribe, to  be  received  by  the  collector  from  the  master, 
owner,  or  consignee  of  the  vessel,  and  to  be  paid  by  him 
to  the  inspector  or  inspectors. 

If  any  merchandise  shall  be  unladen  or  delivered  from  ,J^F^jJ'',|yJ;]y,'j^; 
anv  vessel  contrary  to  the  pi'cceding  section,  the  master  of    J?.  >.,  2S7s. 
such  vessel,  and  every  other  person  who  shall  kuowiugly 


284  BUEEAU    OF    NAVIGATION 

be  concerned,  or  aiding  therein,  or  in  removing,  storing,  or 
otherwise  securing  such  merchandise,  shall  each  be  liable 
to  a  penalty  of  four  hundred  dollars  for  each  ojffense,  and 
shall  be  disabled  from  holding  an}^  office  of  trust  or  profit 
under  the  United  States,  for  a  term  not  exceeding  seven 
years;  and  the  collector  of  the  district  shall  advertise  the 
name  of  such  person  in  a  newspaper  printed  in  the  State  " 
in  which  he  resides,  within  twenty  days  after  each  respec- 
tive conviction. 

Forfeiture.  w\  merchandise,  so  unladen  or  delivered  contrary  to  the 

provisions  of  section  twenty -eight  hundred  and  seventj^- 
two,  shall  become  forfeited,  and  may  be  seized  by  any  of  the 
officers  of  the  customs;  and  where  the  value  thereof,  accord- 
ing to  the  highest  market  price  of  the  same,  at  the  port  or 
district  where  landed,  shall  amount  to  four  hundred  dollars, 
the  vessel,  tackle,  apparel,  and  furniture  shall  be  subject 
to  like  forfeiture  and  seizure. 

Inspectors' du-      No  inspector  shall  perform  any  other  duties  or  service 

ji.s.,h7s.  on  Ijoard  any  vessel,  the  superintendence  of  which  is  com- 
mitted to  him,  for  any  person  whatever,  other  than  what 
is  required  by  this  Title  [R.  S.,  2517-3129],  under  the 
penalty  of  being  disabled  from  acting  any  longer  as  an 
inspector  of  the  customs;  the  wages  or  compensation  of 
such  inspector  as  may  proceed  from  one  district  to  another, 
shall  l)e  defrayed  b^^the  master  of  the  vessel  committed  to 
his  care;  every  inspector  or  other  officer  of  the  revenue, 
while  performing  any  duty  on  board  any  vessel,  not  in  a 
port  of  the  United  States,  discharging  her  cargo,  shall  l)e 
entitled  to  receive  from  the  master  of  such  vessel  such 
provisions  and  accommodations  as  are  usually  supplied  to 
passengers,  or  as  the  state  and  condition  of  such  vessel 
will  admit,  on  receiving  therefor  fifty  cents  a  day;  and 
any  master  of  any  vessel  who  shall  refuse  such  provisions 
and  reasonable  accommodations  shall  be  liable  to  a  penalty 
of  one  hundred  dollars. 
(\wu^r>eclm?^^     If,  by  reason  of  the  delivery  of  the  cargo  in  several  dis- 

A'.  .s,  .w!/.  ■  tricts,  more  than  the  term  allowed  by  law  shall  in  the 
whole  be  spent  therein,  the  wages  or  compensation  of  the 
inspector  who  may  be  employed  on  board  of  any  vessel,  in 
respect  to  which  such  term  may  be  so  exceeded,  shall,  for 
every  day  of  such  excess,  be  paid  by  the  master  or  owner; 
and  the  inspector  shall,  previously  to  the  clearance  of  the 
vessel,  render  an  exact  account  to  the  collector  of  all  such 
compensation  as  has  been  paid,  or  is  due  and  payal^le  by 
the  master  or  owner. 

Tiispeetor  to     The  iuspcctor  who  may  l)c  put  on  board  of  any  vessel 

lock  liatches.etf.    in  i_>j.  /•  i  •  '•  4-^ 

U.S., 3070.  shall  secure,  after  sunset  in  each  evening,  or  previous  to 
his  quitting  the  vessel,  the  hatches  and  other  communica- 
tions with  the  hold  of  such  vessel,  or  any  other  part  thereof 
he  may  judge  necessary,  with  locks  or  other  proper  fasten- 
ings, which  locks  or  other  fastenings  shall  not  be  opened, 
broken,  or  removed  until  the  morning  following,  or  after 
the  rising  of  the  sun,  and  in  the  presence  of  the  inspector 
by  whom  the  same  were  affixed,  except  by  special  license 


BUREAU    OF   NAVIGATION  285 

from  the  collootor  of  tho  port,  and  the  naval  officer,  if  any, 
first  ol)tained.  If  the  locks  or  other  fastenings,  or  any  of 
tiieni,  are  broken  or  removed  contrary  to  this  section,  or  if 
any  merchandise  or  packaovs  are  clandestinely  landed, 
notire  tliereof  sliall  be  innnediately  given  ])y  the  inspector 
to  the  coUector  and  naval  officer,  if  any,  of  the  port  where 
the  vessel  may  be;  and  the  master  of  such  vessel  shall,  for 
each  or  every  such  otfcnse,  be  liable  to  a  penalty  of  five 
hundred  doUars. 

Whenever  any  merchandise  shall  be  imported  into  any    Limit  of  time 
port  of  the  United  States  from  any  foreign  port,  in  an}'  ves-  ^°5?"S'*^^s"(f' 
sel,  at  the  expiration  of  ten  working  days  if  the  vessel  is    Maykisok 
less  than  five  hundred  tons  register,  and  Avithin  fifteen  work-  '" ''  ^^^ 

ing  days  if  it  is  of  five  hundred  tons  register  and  less  than 
one  thousand,  and  within  twenty  working  days  if  it  is  of 
one  thousand  tons  register  and  less  than  fifteen  hundred, 
and  within  twenty-five  working  days  if  it  is  of  fifteen  hun- 
dred tons  register  and  upward,  not  including  legal  holi- 
days and  days  when  the  condition  of  the  weather  prevents 
the  unlading  of  the  vessel  with  safet}'  to  its  cargo,  after 
the  time  within  which  the  report  of  the  master  of  any  ves- 
sel is  required  to  be  made  to  the  collector  of  the  district, 
if  there  is  found  any  merchandise  other  than  has  been 
reported  for  some  other  district  or  some  foreign  port,  the 
collector  shall  take  possession  thereof;  but  with  the  con- 
sent of  the  owner  or  consignee  of  any  merchandise,  or  with 
the  consent  of  the  owner  or  master  of  the  vessel  in  which 
the  same  may  l>e  imported,  the  merchandise  may  be  taken 
possession  of  by  the  collector  after  one  day's  notice  to  the 
collector  of  the  district.  All  merchandise  so  taken  shall 
be  delivered  pursuant  to  the  order  of  the  collector  of  the 
district,  for  which  a  certificate  or  receipt  shall  l)e  granted. 

The  limitation  of  time  for  luilading,  prescribed  by  the    Extension  of 
preceding  section,  shall  not  extend  to  vessels  laden  exclu-time- 

1 ,  ^^  7  ^      *  .  /?  iS     2SS1 

sively  with  coal,  salt,  sugar,  hides,  d^ewoods,  wool,  or  jute  jimes. isn. 
l)utts,  consigned  to  one  consignee,  arriving  at  a  port  for  £c.'f."'''*^'^ 
orders;  but  if  the  master  of  any  such  vessel  requires  a 
longer  time  to  discharge  her  cargo,  the  wages  or  compen- 
sation of  the  inspector,  for  every  day's  attendance  exceed- 
ing the  number  of  days  allowed  by  law,  shall  be  paid  by 
the  master  or  owner;  and  thereupon  the  collector  is  hereby 
authorized  and  recjuired  to  allow  such  longer  time,  not 
exceeding  fifteen  days. 

All  merchandise  of  which  the  collector  shall  take  pos-    r.s.,s969. 
session  under  the  provisions  relating  to  the  time  for  the 
discharge  of  a  vessel's  cargo  shall  be  kept  with  due  and 
reasonable  care  at  the  charge  and  risk  of  the  owner. 

Every  permit  for  the  unlading  of  spirits,  wines,  or  any    unlading  of 
part  thereof,  shall,  previous  to  such  landing  or  unlading ^t's"^^  ''"^  *'''''^' 
thereof,  be  produced  to  the  officer  of  inspection,  who  shall    ^-  •*'■•  ~^^^- 
record  or  register  in  proper  books  the  contents  thereof, 
and  shall  indorse  thereupon  the  word  "Inspected,"  the 
time  when,  and  his  own  name;  after  which  he  shall  return 
the  permit  to  the  person  by  whom  it  was  produced,  and 


286  BUEEAU    OF    NAVIGATION 

then,  and  not  otherwise,  it  shall  bo  lawful  to  land  the 
spirits,  or  wines,  therein  specified;  and  if  spirits  or  wines 
shall  be  landed  without  such  indorsement  upon  the  permit 
granted  for  that  purpose,  the  master  of  the  vessel  from 
which  the  same  shall  have  been  so  landed  shall  for  every 
such  offense  be  liable  to  a  penalty  of  five  hundred  dollars, 
and  the  spirits  or  wines  so  huided  shall  be  forfeited. 
Penalty  and  If  au}"  packago  whatcvcr  which  has  been  so  reported  is 
^'^R.l\!'2ss7.  wanting,  and  not  found  on  board  such  vessel,  or  if  the  mer- 
chandise on  board  such  vessel  does  not  otherwise  agree 
with  the  report  or  manifest  delivered  by  the  master  of  any 
such  vessel,  in  every  such  case  the  master  shall  be  liable  to 
a  penalty  of  five  hundred  dollars;  except  that  if  it  is  made 
to  appear  to  the  satisfaction  of  the  collector,  naval  officer, 
and  surveyor,  or  to  the  major  part  of  them  where  those 
officers  are  established  at  any  port,  or  to  the  satisfaction 
of  the  collector  alone  where  neither  of  the  others  is  estab- 
lished, or  in  case  of  trial  for  the  penaltv,  to  the  satisfac- 
tion of  the  court,  that  no  part  whatever  of  merchandise  of 
such  vessel  has  been  unshipped,  landed,  or  unladen  since 
it  was  taken  on  board,  except  as  specified  in  the  report  or 
manifest,  and  pursuant  to  permits,  or  that  the  disagree- 
ment is  by  accident  or  mistake,  in  such  case  the  penalty 
shall  not  be  inflicted.  But  in  all  such  cases  the  master  of 
any  vessel  shall  be  required  and  shall  make  a  post  entry  or 
addition  to  the  report  or  manifest  by  him  delivered  of  any 
and  all  merchandise  omitted  to  be  included  and  reported 
in  such  manifest;  and  it  shall  not  be  lawful  to  grant  a  per- 
mit to  unlade  any  such  merchandise  so  omitted  l)efore  such 
post  entry  or  addition  to  such  report  or  manifest  has  been 
made. 
Vessels  in  dis-  H  au}^  vosscl  f  rom  au}'  foreign  port,  compelled  by  dis- 
^^i^'s.,  2S91.  tress  of  weather,  or  other  necessit}-,  shall  put  into  any  port 
of  the  United  States,  not  being  destined  for  the  same,  the 
master,  together  with  the  mate  or  person  next  in  command, 
may,  within  twenty-four  hours  after  her  arrival,  make 
protest  in  the  usual  form  upon  oath,  Ijefore  a  notary  pub- 
lic or  other  person  duly  authorized,  or  before  the  collector 
of  the  district  where  tlie  vessel  arrives,  setting  forth  the 
cause  or  circumstances  of  such  distress  or  necessit3\  Such 
protest,  if  not  made  before  the  collector,  shall  ))e  produced 
to  him  and  to  the  naval  officer,  if  any,  and  a  copy  thereof 
lodged  with  him  or  them.  The  master  shall  also,  within 
forty-eight  hours  after  such  arrival,  make  report  in  writing 
to  the  collector,  of  the  vessel  and  her  cargo,  as  is  directed 
hereby  to  be  done  in  other  cases.  And  if  it  appear  to  the 
collector,  by  the  certificate  of  the  wardens  of  the  port,  or 
other  oflicers  usually  charged  wth,  and  accustomed  to 
ascertam  the  condition  of  vessels  arriving  in  distress,  if 
any,  oi  by  the  certificate  of  two  reputable  merchants,  to 
be  named  for  that  purpose  by  the  collector,  if  there  are  no 
such  wardens,  or  other  officers  duly  qualified,  that  there 
is  a  necessity  for  unlading  the  vessel,  the  collector  and 
naval  officer,  if  any,  shall  grant  a  permit  for  that  purpose. 


BUREAU    OF    NAVIOATIUN  287 

and  shall  appoint  an  inspector  to  ovcvsoc  such  uiiliulinti-, 
who  shall  keep  an  account  of  the  same,  to  bo  compared  with 
the  rci)ort  nia(U>  l>v  tiu^  master  of  the  vessel. 

All  merchandise*  so  unladen  from  any  vessel  arrivino-  in  carKo  of  vessel 
distress  sliall  he  stored  under  the  ilirection  of  the  collector, ''' ^^^^'^^i^., 
who,  upon  re(piest  of  the  master  of  such  vessel,  or  of  the 
owner  thereof,  shall,  to^-ether  with  the  naval  officer,  where 
there  is  one,  and  alone  where  there  is  none,  grant  permis- 
sion to  dispose  of  such  i)art  of  the  car^-o  as  may  be  of  a 
perishable  nature,  if  any  there  be,  or  as  may  be  necessary 
to  d(d'ray  the  expenses  attending-  .such  vessel  and  her  cargo. 
Hut  entiy  shall  be  made  therefor,  and  the  duties  paid. 

In  case  the  delivery  of  the  cargo  does  not  agree  with  the  a-,  .s.,  ctss. 
rei)ort  thereof,  made  ])v  the  master  of  such  vessel  so  arriv- 
ing in  distress,  and  if  the  ditl'erenco  or  disagreement  is  not 
satisfactorily  accounted  for  in  manner  prescribed  by  this 
Titlfe  |R.  S.,'  251T-3129],  the  master  of  such  yessel  shall  be 
liable  to  such  penalties  as  in  other  like  cases  are  prescribed. 

The  merchandise,  or  the  remainder  thereof,  which  shall  ^''-  •'^- ~'''«-i- 
not  l)e  disposed  of,  may  be  reladen  on  board  the  vessel  so 
arriving  in  distress,  under  the  inspection  of  the  officer  who 
superintended  the  landing  thereof,  or  other  proper  person; 
and  the  vessel  may  proceed  with  the  same  to  the  place  of 
her  destination,  free  from  any  other  charge  than  for  the 
storing  and  safe-keeping  of  the  merchandise,  and  fees  to 
the  officers  of  the  customs  as  in  other  cases. 

^Mienever  any  Spanish  vessel  shall  arrive  in  distress,  in  .  Spanish  vessel 
any  port  of  the  United  States,  ha\ing  l)oen  damaged  on  the  "V^^llss. 
coasts  or  within  the  limits  of  the  United  States,  and  her 
cargo  shall  have  ])een  unladen,  in  conformity  with  the  pro- 
visions of  the  four  preceding  sections,  the  cargo,  or  any 
part  thereof,  may,  if  the  vessel  should  be  condemned  as  not 
seaworthy,  or  be  deemed  incapable  of  performing  her 
original  voyage,  afterward  be  reladen  on  board  any  other 
vessel  luider  the  inspection  of  the  officer  Avho  superintended 
the  landing  thereof,  or  other  proper  person.  No  duties, 
charges,  or  fees  whatever,  shall  be  paid  on  such  part  of 
the  cargo  as  may  be  reladen  and  carried  away,  either  in 
the  vessel  in  which  it  was  originally  imported,  or  in  any 
other. 

AVhen  a  yessel  is  prevented  b}^  ice  from  getting  to  the  .o'^'^tructionby 
port  or  place  at  which  her  cargo  is  intended  to  be  delivered,  b.  s.,  zsog. 
the  collector  of  the  district  in  W' hich  such  yessel  may  be 
obstructed  may  receive  the  report  and  entry  of  such  yes- 
sel, and,  with  the  consent  of  the  naval  officer,  where  there 
is  one,  grant  ]MM'mits  for  unlading  or  landing  the  merchan- 
dise imported  in  such  vessel,  at  any  place  within  his  dis- 
trict, most  convenient  and  proper.  The  report  and  entry 
of  such  vessel,  and  her  cargo,  or  an}-  part  thereof,  and  all 
persons  concerned  therein,  shall  be  sul)ject  to  the  same 
regulations  and  penalties  as  if  the  vessel  had  arrived  at  the 
port  of  her  destination,  and  had  there  proceeded  to  the 
delivery  of  her  cargo. 


B.S., 


{22  Stat.,  1S6.) 


288  BUKEAU   OF.  NAVIGATION 

movaiT/bonded  ^"^  persoii  maliclouslj^  opening,  breaking,  or  entering 
merchandise,  by  any  means  whatever,  any  car,  vessel,  vehicle,  warehouse, 
or  package  containing  any  such  merchandise  so  deli  vered  for 
transportation,  or  removing,  injuring,  breaking,  ordefacing 
any  lock  or  seal  placed  upon  such  car,  vessel,  vehicle,  ware- 
bouse,  or  package,  or  aiding,  abetting,  or  encouraging  any 
other  person  or  persons  so  to  remove,  break,  injure,  or  deface 
such  locks  or  seals,  or  to  open,  break,  or  enter  such  car, 
vessel,  or  vehicle,  with  intent  to  remove  or  cause  to  be 
removed  unlawf  uU}'  an}"  merchandise  therein,  or  in  an}'  man- 
ner to  injure  or  defraud  the  United  States;  and  any  person 
receiving  any  merchandise  unlawfully  removed  from  any 
such  car,  vessel,  or  vehicle,  knowing  it  to  have  been  so 
unlawfully  removed,  shall  be  guilty  of  felony,  and  in  addi- 
tion to  any  penalties  heretofore  prescribed  shall  be  punish- 
able by  imprisonment  for  not  less  than  six  months  nor  more 
than  two  years. 

PASSENGERS 

tiOTs*'"™™'"'"  ^^  shall  not  be  lawful  for  the  master  of  a  steamship  or 
Aug.  2, 18S2.  otlicr  vcsscl  whcrcou  emig-rant  passengers,  or  i)asseno-ers 
other  than  cabin  passengers,  have  been  taken  at  any  port 
or  place  in  a  foreign  country  or  dominion  (ports  and  places 
in  foreign  territory  contiguous  to  the  United  States  ex- 
cepted) to  bring  such  vessel  and  passengers  to  any  port  or 
place  in  the  United  States  unless  the  compartments,  spaces, 
and  accommodations  hereinafter  mentioned  have  been 
provided,  allotted,  maintained,  and  used  for  and  by  such 
passengers  during  the  entire  voyage;  that  is  to  say,  in  a 
steamship,  the  compartments  or  spaces,  unobstructed  by 
cargo,  stores,  or  goods,  shall  be  of  sufficient  dimensions  to 
allow  for  each  and  every  passenger  carried  or  brought 
therein  one  hundred  cubic  feet,  if  the  compartment  or  space 
is  located  on  the  main  deck  or  on  the  lirst  deck  next  below 
the  main  deck  of  the  vessel,  and  one  hundred  and  twenty 
cubic  feet  for  each  passenger  carried  or  brought  therein  if 
the  compartment  or  space  is  located  on  the  second  deck 
below  the  main  deck  of  the  vessel;  and  it  shall  not  be  law- 
ful to  carry  or  bring  passengers  on  any  deck  other  than  the 
decks  above  mentioned.  And  in  sailing-vessels  such  pas- 
sengers shall  l)e  carried  or  brought  only  on  the  deck  (not 
being  an  orlop  deck)  that  is  next  below  the  main  deck  of  the 
vessel,  or  in  a  poop  or  deck-house  constructed  on  the  main 
deck;  and  the  compartment  or  space,  unobstructed  by  cargo, 
stores,  or  goods,  shall  be  of  sufficient  dimensions  to  allow 
one  hundred  and  ten  cubic  feet  for  each  and  every  passenger 
brought  therein.  And  such  passengers  shall  not  be  carried 
or  brought  in  any  between-decks,  nor  in  any  compartment, 
space,  poop,  or  deck-house,  the  height  of  which  from  deck  to 
deck  is  less  than  six  feet.  I  n  computing  the  number  of  such 
passengers  carried  or  brought  iu  any  vessel,  children  under 


BUREAU    (»K    NAVIGATION  289 

OIK'  vctir  oi  ago  sluill  not  be  included,  luid  two  children 
betAveen  one  and  eight  years  of  age  shall  be  counted  as  one 
passenger;  and  any  i)erson  ])rought  in  such  vessel  who 
shall  have  been,  during  the  voyage,  taken  from  any  other 
vessel  wrecked  or  in  distress  on  the  high  seas,  or  have  l)een 
picked  up  at  sea  from  any  boat,  raft,  or  otherwise,  shall  not 
be  included  in  such  computation.  The  master  of  a  vessel 
coming  to  a  port  or  place  in  the  United  States  in  violation 
of  either  of  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misd(>meanor;  and  if  the  number  of  passengers 
other  than  cabin  passengers  carried  or  brought  in  the  vessel, 
or  in  any  compartment,  sjjace,  poop,  or  deck-house  thereof, 
is  greater  than  the  number  allowed  to  l)e  carried  or  brought 
therein,  respectively,  as  hereinbefore  prescribed,  the  said 
master  shall  be  lined  tifty  dollars  for  each  and  everv  passen- 
ger in  excess  of  the  i)roper  numl^er,  and  ma}"  also  be 
imprisoned  not  exceeding  six  months. 

In  every  such  steamship  or  other  vessei  tnere  shall  be  a  '^^J^^'^- 
sutticient  number  of  berths  for  the  proper  accommodation 
as  hereinafter  provided,  of  all  such  passengers.  There 
shall  not  be  on  any  deck  nor  in  an}'  compartment  or  space 
occupied  by  such  passengers  more  than  two  tiers  of  berths. 
The  berths  shall  be  properly  constructed,  and  be  separated 
from  each  other  l)v  partitions,  as  lierths  ordinaril}-  are  sep- 
arated, and  each  berth  shall  be  at  least  two  feet  in  width 
and  six  feet  in  length:  and  the  interval  l)etween  the  floor 
or  lowest  part  of  the  lower  tier  of  })erths  and  the  deck 
beneath  them  shall  not  be  less  than  six  inches,  nor  the 
interval  l)etween  each  tier  of  berths,  and  the  interval 
between  the  uppermost  tier  and  the  deck  above  it,  less  than 
two  feet  six  inches;  and  each  berth  shall  be  occupied  by 
not  more  than  one  passenger  over  eight  years  of  age;  but 
double  berths  of  twice  the  a))ove-mentioned  width  may  be 
provided,  each  double  berth  to  i)e  occupied  by  no  more 
and  Ijy  none  other  than  two  women,  or  by  one  woman  and 
two  children  under  the  age  of  eight  years,  or  by  husband 
and  wife,  or  by  a  man  and  two  of  his  own  children  under 
the  age  of  eight  rears,  or  by  two  men  personally  acquainted 
with  each  other.  All  the  male  passengers  upwards  of  four- 
teen years  of  age  who  do  not  occupy  berths  w^ith  their  wives 
shall  be  berthed  in  the  fore  part  of  the  vessel,  in  a  com- 
partment divided  ofi'  from  the  space  or  spaces  appropriated 
to  the  other  i)assengers  by  a  substantial  and  well-secured 
bulkhead;  andiunnarried  female  passengers  shall  be  berthed 
in  a  compartment  separated  from  the  s[)aces  occupied  by 
other  passengers  by  a  substantial  and  well-constructed 
bulkhead,  the  opening  or  conununication  from  which  to  an 
adjoining  passenger  space  shall  be  so  constructed  that  it  can 
be  closed  and  secured.  Families,  however,  shall  not  be 
sepai-ated  except  with  their  consent.  Each  bei'th  shall  be 
numbered  sei'ially,  on  the  outside  ])erth-board,  according 
to  the  number  of  passengers  that  may  lawfulh' occupy  the 
l)erth;  and  the  ])erths  occupied  by  such  passengers  shall 
not  be  removed  or  taken  down  mitil    the  expiration  of 

27628—04 19 


290  BUREAU    OF    NAVIGATION 

twelve  hours  from  the  time  of  entiy,  unless  previously 
inspected  within  a  shorter  period.  For  any  violation  of 
either  of  the  provisions  of  this  section  the  master  of  the 
vessel  shall  be  liable  to  a  fine  of  live  dollars  for  each  pas- 
senger carried  or  brought  on  the  vessel. 
Light  and  air.  Evcry  sucli  steamship  or  other  vessel  shall  have  ade- 
scc.s.  fjuate  provisions  for  affording  light  and  air  to  the  passen- 

ger-decks and  to  the  compartments  and  spaces  occui^ied  by 
such  passengers,  and  with  adequate  means  and  appliances 
for  ventilating  the  said  compartments  and  spaces.  To 
compartments  having  sufficient  space  for  lifty  or  more  of 
such  passengers  at  least  two  A'entilators,  each  not  less  than 
twelve  inches  in  diameter,  shall  be  provided,  one  of  which 
ventilators  shall  be  inserted  in  the  forward  pai't  of  the  com- 
partment, and  tlie  other  in  the  after  part  thereof,  and  shall 
be  so  constructed  as  to  ventilate  the  compartment;  and 
additional  ventilators  shall  be  provided  for  each  compart- 
ment in  the  proportion  of  two  ventilators  for  each  addi- 
tional fifty  of  such  passengers  carried  or  brought  in  the 
compartment.  All  ventilators  shall  ])e  carried  at  least  six 
feet  above  the  uppermost  deck  of  the  vessel,  and  shall  l)e 
of  the  most  approved  form  and  construction.  In  any  steam- 
ship the  \entilating  apparatus  provided,  or  any  method  of 
ventilation  adopted  thereon,  which  has  been  approved  by 
the  proper  emigration  officers  at  the  port  or  place  from 
which  said  vessel  was  cleared,  shall  be  deemed  a  compli- 
ance with  the  foregoing  provisions;  and  in  all  vessels 
carrying  or  Ijringing  such  passengers  there  shall  be  prop- 
erly-constructed hatchways  over  the  compartments  or 
spaces  occupied  by  such  passengers,  which  hatchway  shall 
be  properly  covered  with  houses  or  boo))}'  hatches,  and  the 
combings  or  sills  of  which  shall  rise  at  least  six  inches 
above  the  deck;  and  there  shall  be  proper  companion-ways 
or  ladders  from  each  hatchwa}^  leading  to  the  compart- 
ments or  spaces  occupied  by  such  passengers;  and  the  said 
companion-ways  or  ladders  shall  be  securely  constructed, 
and  be  provided  with  hand-i'ails  or  strong  rope,  and,  when 
the  weather  will  permit,  such  passengeriB  shall  have  the 
use  of  each  hatchway  situated  over  the  compartnuMits  or 
spaces  apj)ropriated  to  their  use;  and  every  vessel  carrying 
or  bringing  such  passengers  shall  have  a  properly  located 
and  constructed  caboose  and  cooking-range,  or  other  cook- 
ing apparatus,  the  dimensions  and  capacity  of  which  shril 
be  sufficient  to  provide  for  properly  cooking  and  preparing 
the  food  of  all  such  passengers.  In  every  vessel  carrying 
or  bringing  such  passengers  there  shall  be  at  least  two 
Closets.  water-closets  or  privies,  and  an  additional  water-closet  or 

privy  for  every  one  hundred  male  passengers  on  board,  for 
the  exclusive  use  of  such  male  passengers,  and  an  addi- 
tional water-closet  or  privy  for  e\erv  fifty  female  passen- 
gers on  board,  for  the  exclusive  use  of  the  female  passen- 
gers and  young  children  on  board.  The  aforesaid  water- 
closets  and  privies  shall  ])e  properly  enclosed  and  located 
on  each  side  of  the  vessel,  and  shall  be  separated  from 


BUREAU    OF    NAVIGATION  291 

nasson^crs'  spaces  l)y  suhstaiitiiil  iiiid  propc'rly-coiistnu'ted 
]iai"titi()iis  or  hulklieiuls;  and  the  water-closets  and  i)rivies 
shall  he  kept  and  iiiaiiitaiiied  in  a  servicable  and  cli>anly 
condition  throughout  the  voya^-e.  For  any  violation  of 
cither  of  the  provisions  of  this  section,  or  for  any  neolect 
to  conform  to  the  re(|uirenients  thereof,  the  master  of  the 
vessel  shall  he  liahle  to  a  penalty  not  exceeding*  two  hun- 
dred and  fifty  dollars. 

An  allowance  of  oood,  wh()lesom(\  and  proper  food,  with  ^^^,- 
a  ri'ast)nal)le  quantity  of  fnvsh  i)r()visions,  which  food  shall 
he  eciual  in  value  to  one  and  a  half  navy  rations  of  the 
United  States,  and  of  fresh  water,  not  less  than  four  quarts 
j)er  day,  shall  ))e  furnished  each  of  such  passeng-ers.  Three 
meals  shall  be  served  daily,  at  regular  and  stated  hours, 
of  which  hours  sufficient  notice  shall  be  given.  If  any 
such  passengers  shall  at  any  time  during  the  vo3"age  be 
put  on  short  allowance  for  food  and  w-ater,  the  master  of 
the  vessel  shall  pay  to  each  passenger  three  dollars  for 
each  and  every  day  the  passenger  may  have  been  put  on 
short  allowance,  except  in  case  of  accidents,  where  the 
captain  is  ol)liged  to  put  the  passengers  on  short  allow- 
ance. Mothers  with  infants  and  young  children  shall  be 
furnished  the  necessary  quantity  of  wholesome  milk  or 
condensed  milk  for  the  sustenance  of  the  latter.  Tables 
and  seats  shall  be  provided  for  the  use  of  passengers  at 
regular  meals.  And  for  every  willful  violation  of  any  of 
the  provisions  of  this  section  the  master  of  the  vessel  shall 
he  deemed  guilty  of  a  misdemeanor  and  shall  be  fined  not 
more  than  five  hundred  dollars,  and  be  imprisoned  for  a 
term  not  exceeding  six  months.  The  enforcement  of  this 
j)enalty,  however,  shall  not  affect  the  civil  responsibility 
of  the  master  and  owners  of  the  vessel  to  such  pass(>ngers 
as  may  have  sufi'ered  from  any  neglig"ence,  breach  of  con- 
tract, or  default  on  the  pai"t  of  such  master  and  owners. 

In  every  such  steamship  or  other  vessel  there  shall  be  Medical  at- 
properly  built  and  secured,  or  divided  oti'  from  other  spaces,  "^^Isec*"?*^' 
two  compartments  or  spaces  to  bo  used  exclusively  as 
hospitals  for  such  passengers,  one  for  men  and  the  other 
for  women.  The  hospitals  shall  bo  located  in  a  space  not 
below  the  deck  next  below  the  main  deck  of  the  vessel. 
The  hospital  spaces  shall  in  no  case  be  less  than  in  the  pro- 
portion of  eighteen  clear  superficial  feet  for  every  fifty  such 
])assengcrs  who  are  carried  or  brought  on  the  vessel,  and 
such  hospitals  shall  ))(>  supplied  with  proper  beds,  bedding", 
and  utensils,  and  be  kept  so  supplied  throughout  the  voy- 
age. And  every  steamship  or  other  vessel  carrying  or 
bringing  emigrant  passengers,  or  passengers  other  than 
cabin  passengers,  exceeding  fifty  in  luunber,  shall  carry  a 
duly  qualified  and  competent  surg-eon  or  medical  practi- 
tioner, who  shall  b(^  rated  as  such  in  the  ship's  articles,  and 
who  shall  be  provided  w  ith  surgical  instruments,  medical 
comforts,  and  medicines  proper  and  iKH-essary  foi-  (lis(>ases 
and  accidents  incident  to  sea-voyages,  and  for  the  proper 


292  BUREAU    OF    NAVIGATION 

medical  treatment  of  such  passengers  durino-  the  v^oya.i?e, 
and  with  such  articles  of  food  and  nourishment  as  may  be 
proper  and  necessary  for  preserving  the  health  of  infants 
and  young-  children;  and  the  services  of  such  surgeon  or 
medical  practitioner  shall  be  promptly  given,  in  any  case 
of  sickness  or  disease,  to  any  of  the  passengers,  or  to  any 
infant  or  young  child  of  any  such  passengers,  who  ma}^ 
need  his  services.  For  a  violation  of  either  of  the  provi- 
sions of  this  section  the  master  of  the  vessel  shall  be  lialtle 
to  a  penalty  not  exceeding  two  hundred  and  tifty  dollars. 

Discipline  and  The  master  of  every  such  steamship  or  other  vessel  is 
^^'iiug^^l^^ss.     authorized  to  maintain  good  discipline  and  such  habits  of 

{n  Stat,  188.)  cleanliness  among  such  passengers  as  will  tend  to  the 
preservation  and  promotion  of  health,  and  to  that  end  he 
shall  cause  such  regulations  as  he  may  adopt  for  such  pur- 
pose to  be  posted  up  on  board  the  vessel,  in  a  place  or 
places  accessible  to  such  passengers,  and  shall  keep  the 
same  so  posted  up  during  the  vo3'age.  The  said  master 
shall  cause  the  compartments  and  spaces  provided  for,  or 
occupied  by,  such  passengers  to  be  kept  at  all  times  in  a 
clean  and  healthy  condition,  and  to  be,  as  often  as  may  Ije 
necessary,  disinfected  with  chloride  of  lime,  or  by  some 
other  equally  efficient  disinfectant.  Whenever  the  state  of 
the  weather  will  permit,  such  passengers  and  their  bedding 
shall  be  nuistered  on  deck,  and  a  clear  and  sufficient  space 
on  the  main  or  any  upper  deck  of  the  vessel  shall  be  set 
apart,  and  so  kept,  for  the  use  and  exercise  of  such  passen- 
gers during  the  voyage.  For  each  neglect  or  violation  of 
any  of  the  provisions  of  this  section  the  master  of  the  vessel 
shall  be  liable  to  a  penalty  not  exceeding  two  hundred  and 
fifty  dollars. 

Privacy  of  pas-     Neither  the  officers,  seamen,  nor  other  persons  employed 

Sec.  7'.  on  any  such  steamship  or  other  vessel  shall  visit  or  fre- 

quent any  part  of  the  vessel  provided  or  assigned  to  the 
use  of  such  passengers,  except  by  the  direction  or  permis- 
sion of  the  master  of  such  vessel  first  made  or  given  for 
such  purpose;  and  every  officer,  seaman,  or  other  person 
employed  on  board  of  such  vessel  who  shall  violate  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  may  be  fined  not  exceeding  one  hundred 
dollars,  and  be  imprisoned  not  exceeding  twenty  days,  for 
each  violation;  and  the  master  of  such  vessel  who  directs 
^or  permits  any  officer,  seaman,  or  other  person  employed 
on  board  the  vessel  to  visit  or  frequent  anv  part  of  the 
vessel  provided  for  or  assigned  to  the  use  of  such  passen- 
gers, or  the  compartments  or  spaces  occupied  by  such 
passengers,  except  for  the  purpose  of  doing  or  performing 
some  necessary  act  or  duty  as  an  officer,  seaman,  or  other 
person  employ (^d  on  ])oai'd  of  the  vessel,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  may  be  fined  not  more  than 
one  hundred  dollars  for  each  time  he  directs  or  permits 
the  provisions  of  this  section  to  be  violated.  A  copy  of 
this  section,  written  or  printed  in  the  language  or  princi- 


BTTREATT    OF   NAVIGATION  293 

I»k1  l:m*:u;iu(\s  of  tlio  ])ass(Mio-ors  on  l)oard,  sluill,  by  or 
iiiulcr  the  diroction  of  tlu>  iii!isl«'r  of  thr  vessel,  bo  [)ostod 
ill  a  ("onspic'uou.s  place  on  the  forecastle  and  in  the  several 
parts  of  the  vessel  i)rovided  and  assio-ned  for  the  use  of 
such  ])asseniiers,  and  in  each  compartment  or  space  occu- 
pied 1)V  such  passengers,  and  the  same  shall  he  kept  so 
posted  durinii'  the  vovacv;  and  if  the  said  master  iieulects 
so  to  do,  he  shall  he  di^emed  j^-uilty  of  a  misdemeanor,  and 
shall  he  fined  not  more  than  one  hundriMl  dollars. 

It  siiall  not  he  lawful  to  take,  carry,  or  have  on  hoardof^g^'^jf^P'""'^' «'■'': 
any  such  steamship  or  other  vessel  any  nitro-glycerine,  .svc.'s. 
dynamite,  or  any  other  explosi\ c  article  or  compound,  nor 
any  vitriol  or  like  acids,  nor  gunpowder,  except  for  the 
ship's  use,  nor  any  article  or  number  of  articles,  whether 
as  a  cargo  or  ballast,  which,  by  reason  of  the  nature  or 
(juantity  or  mode  of  storage  thereof,  shall,  either  singly  or 
collectively,  l)e  likely  to  endanger  the  health  or  lives  of 
the  passengers  or  the  safetv  of  the  vessel,  and  horses, 
cattle,  or  other  animals  taken  on  })oard  of  or  brought  in 
any  such  ves.-^el  shall  not  l)e  carried  on  any  deck  below  the 
deck  on  which  passengers  are  berthed,  nor  in  any  com- 
partment in  which  passengers  are  berthed,  nor  in  an}" 
adjoining  compartment  except  in  a  vessel  built  of  iron, 
and  of  which  the  compartments  are  divided  off  b}-  water- 
tight ])ulkheads  extending  to  the  upper  deck.  For  every 
violation  of  any  of  the  provisions  of  this  section  the  mas- 
ter of  the  vessel  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall  be  fined  not  exceeding  one  thousand  dollars,  and 
be  imprisoned  for  a  period  not  exceeding  one  year. 

It  shall  not  be  lawful  for  the  master  of  any  such  steam- ^^^^^^^^'^^^ ^ex- 
ship  or  other  vessel,  not  in  distress,  after  the  arrival  of  the  shipboard. 
vessel  within  any  collection  district  of  the  Cnited  States,    *''"^' 
to  allow  an}^  person  or  persons,  except  a  pilot,  officer  of  the 
customs,  or  health  ofhcer,  agents  of  the  vessel,  and  consuls, 
to  come  on  board  of  the  vessel,  oV  to  leave  the  vessel,  until 
the  vessel  has  been  taken  in  charge  by  an  officer  of  the 
customs,  nor,  after  charge  so  taken,  without  leave  of  such 
officer,  until  all  the  passengers,  with  their  baggage,  have 
V)een  duly  landed  from  the  vessel;  and  on  the  arrival  of 
any  such  steamship  or  other  vessel  within  any  collection 
district  of  the  United   States,  the   master  thereof  shall 
deliver  to  the  officer  of  customs  who  first  comes  on  board 
the  vessel  and  makes  demand  therefor  a  correct  list,  signed    Passenger  list. 
by  the  master,  of  all  the  passengers  taken  on  board  the 
vessel  at  any  foreign  port  or  place,  specifying  separately 
the  names  of  the  cabin  passengers,  their  age,  sex,  calling, 
and  the  country  of -which  they  are  citizens,  and  the  num- 
ber of  pieces  of  baggage  belonging  to  each  passenger,  and 
also  the  name,  age,  sex,  calling,  and  native  country  of  each    ^"'\}%^'^%g 
emigrant  passenger,  or  passengers  other  than  cabin  pas-    scc.'ie." 
sengers,  and  their  intended  destination  or  location,  and  the 
nunil)er  of  pieces  of  ])aggage  belonging  to  each  passenger, 
and  also  the  location  of  the  compartment  or  space  occupied 


294  BUREAU    OF   NAVIGATION 

by  each  of  .such  passengers  dnrino-  the  voyage;  and  if  any 
of  such  passengers  died  on  the  Aoyage,  the  said  list  shall 
specify  the  name,  age,  and  cause  of  death  of  each  deceased 
passenger;  and  a  duplicate  of  the  aforesaid  list  of  passen- 
gers, verified  l)y  the  oath  of  the  master,  shall,  with  the 
manifest  of  the  cargo,  l)e  delivered  by  the  master  to  the 
collector  of  customs  on  the  entry  of  the  vessel.  For  a  vio- 
lation of  either  of  the  provisions  of  this  section,  or  for  per- 
mitting or  neglecting  to  prevent  a  violation  thereof,  the 
master  of  the  vessel  shall  be  liable  to  a  fine  not  exceeding 
one  thousand  dollars, 
pa^seifgirr*^  "^  Each  and  every  collector  of  customs  to  whom  shall  be 
May  7. 187U.  delivered  the  manifests  or  lists  of  passengers  prescribed 
Feb'^Tl'ioos.  by  the  twelfth  section  of  the  act  aforesaid,  approved  March 
slc'^io''*^^'^  third,  eighteen  hundred  and  fifty-live,  shall  make  returns 
from  such  manifests  or  lists  of  passengers  to  the  Secretary 
of  Commerce  and  Labor  of  the  United  States,  in  such 
manner  as  shall  ])e  prescribed  by  that  officer,  under  whose 
direction  statements  of  the  same  shall  be  prepared  and 
published. 
Death  of  pas-  j^  case  there  shall  have  occurred  on  board  any  such 
Aug.'^s,  1SS2.  steamship  or  other  vessel  any  death  among  such  passengers 
^ec^if."  ^' ' '^  during  the  voyage,  the  master  or  consignees  of  the  vessel 
shall,  within  forty-eight  hours  after  the  arrival  of  the  ves- 
sel within  a  collection  district  of  the  United  States,  or 
within  twenty-four  hours  after  the  entr}^  of  the  vessel, 
pay  to  the  collector  of  customs  of  such  district  the  sum  of 
ten  dollars  for  each  and  every  such  passenger  above  the 
age  of  eight  years  who  shall  have  died  on  the  voyage  by 
natural  disease;  and  the  master  or  consignees  of  any  ves- 
sel who  neglect  or  refuse  to  pay  such  collector,  within  the 
times  hereinbefore  prescribed,  the  sums  of  money  afore- 
said, shall  be  liable  to  a  penalty  of  fifty  dollars  in  addition 
to  the  sum  required  to  be  paid  as  aforesrid  for  each  pas- 
senger whose  death  occurred  on  the  vo3^age.  All  sums  of 
money  paid  to  any  coUector  under  the  provisions  of  this 
section  shall  ])e  ])y  him  paid  into  the  Treasury  of  the  United 
States  in  such  manner  and  under  such  reguhitions  as  shall 
l)e  prescribed  l)y  the  Secretary  of  the  Treasury. 
Inspection.  The  collector  of  customs  of  the  collection  district  within 

which,  or  the  surveyor  of  the  port  at  which,  any  such  steam- 
ship or  other  vessel  arrives,  shall  direct  an  inspector  or 
other  officer  of  the  customs  to  make  an  examination  of  the 
vessel,  and  to  admeasure  the  compartments  or  spaces  occu- 
pied by  the  emigrant  passengers,  or  passengers  other  than 
ca])in  passengers,  during  the  voyage;  and  such  measure- 
ment shall  be  made  in  the  manner  provided  by  law  for 
admeasuring  vessels  for  tonnage;  and  to  compare  the  num- 
ber of  such  passengers  found  on  board  with  the  list  of  such 
passengers  furnished  by  the  master  to  the  customs  officer; 
and  the  said  inspector  or  other  officer  shall  make  a  report 
to  the  aforesaid  collector  or  surveyor,  stating  the  port  of 
departure,  the  time  of  sailing,  the  length  of  the  voyage,  the 


Sec.  11. 


BITREATT    OF    NAVTCJATION  296 

vontiliition.  the  luinibor  of  siu-h  passont'vrs  on  board  tlie 

vcssi'l,  and  their  nativo  country,   respect ividy;  tlie  eubic 

([uantity  of  each  c()in})artnient  or  space,  aiul  the  number  of 

berths  and  passeno-ers  in  each  space,  the  kind  and  ([uality 

of  (he  food  furnished  to  such  passen^vrs  on  the  vo3ai^c; 

the  nuiul)er  of  deaths,  and  the  age  and  sex  of  those  who 

died  durinj^  the  voyage,  and  of  what  disease;  and  in  case 

tliere  was  any  uiuisual  sickness  or  mortality  during  the 

voA'age,  to  report  whether  the  same  was  caused  by  any 

neglect  or  violation  of  the  provisions  of  this  act,  or  by  the 

want  of  proper  care  against  disease  by  the  master  or  owners    -'•';('•/''"  ^^"f- 

of  the  vessel;  and  the  said  reports  shall  be  forwarded  to    ,sa\'io."'^''' 

the  Secretai'v  of  Commerce  and  Labor  at  such  times  and 

in  such  manner  as  he  shall  direct. 

The  provisions  of  this  act  shall  aij])lv  to  (>verv  steamshiio    Vessois leaving 

d*  1       1  ■  i.  ■  i)i)rts   of    Uiiitwi 

ler  vessel  whereon  emigrant  passengers,  or  passengers  states. 

other  than  cal)in  passengers,  are  taken  on  board  at  a  port  fj%f,xf*j!;i; ) 
or  place  in  the  Inited  States  for  conversance  to  any  port  or  ^f^'-  J~- 
place  in  a  foreign  countr}-  except  foreign  territory  contigu- 
ous to  the  United  States,  and  sludl  also  apply  to  any  vessel 
whereon  such  passengers  ai"e  taken  on  board  at  any  port 
or  place  of  the  United  States  on  the  Atlantic  Ocean  or  its 
tributaries  for  conveyance  to  a  port  or  place  on  the  Pacitic 
Ocean  or  its  tril)utaries,  or  vice  versa;  and  whether  the 
voyage  of  said  vessel  is  to  be  continuous  from  port  to  port 
or  such  passengers  are  to  be  conveyed  from  port  to  port  in 
pait  by  the  wa}'  of  any  overland  route  through  ^Mexico  or 
Central  America;  and  the  said  collector  of  customs  ma}" 
direct  an  examination  of  the  vessel  to  be  made  by  an 
inspector  or  other  officer  of  the  customs,  who  shall  make 
the  examination  and  report  Avhether  the  provisions  of  this 
act  have  been  complied  with  in  respect  to  such  vessel,  and 
the  said  collector  is  authorized  to  withhold  the  clearance 
of  such  vessel  until  the  coming  in  of  such  report;  and  if 
the  said  report  shall  show  that  any  of  the  provisions  of 
this  act  have  not  been  complied  with,  the  collector  is 
authorized  and  directed  to  withhold  the  clearance  of  such 
vessel  until  the  said  provisions  are  complied  with;  and  if 
any  such  vess(d  lea^•es  the  afoi'esaid  port  or  place  without 
having  ])een  duly  cleared  by  the  collector  of  customs,  the 
master  shall  be  deemed  guilty  of  a  misdemeanor,  and  may 
be  lined  not  (exceeding  one  thousand  dollars,  and  l)e  impris- 
oned not  exceeding  one  year,  and  the  vessel  shall  be  lialde 
to  seizure  and  forfeiture. 

The  amount  of  the  several  fines  and  penalties  imposed  ^,Jes""^ '' ""  "' 
by  aiiy  section  of  this  act  upon  the  master  of  any  steam-  sk-.  i,-i. 
ship  or  other  vessel  carrying  or  bringing  emigrant  passen- 
gers, or  passengers  other  than  cal)in  passengers,  for  an}' 
violation  of  the  provisions  of  this  act,  shall  be  liens  upon 
such  vessel,  and  such  vessel  may  be  libeled  therefor  in  any 
circuit  or  district  court  of  tlH>  United  States  wheiv  sui;h 
vessel  shall  ai'ri\"e  or  depart. 


296  BUREAU    OF    NAVIGATION 


UKNKRAT.    PILOT    LAWS 

laws"*^'^'^^   ^^^'^^     Until  further  provision  is  made  by  Congress,  all  pilots 

ji.'s.,  42i,j.7.  in  tlic  ba3\s,  inlets,  rivers,  harbors,  and  ports  of  the  United 
States  shall  continue  to  be  reg'ulated  in  conformity  with 
the  existing-  laws  of  the  States  respectively  wherein  such 
j)ilots  may  be,  or  with  such  laws  as  the  States  may  respec- 
tively enact  for  the  purpose. 

n.  s.,  unr,.  The  master  of  any  vessel  coming-  into  or  going-  out  of 

any  port  situate  upon  waters  which  are  the  boundary 
between  two  States,  may  employ  any  pilot  duly  licensed  or 
authorized  b}"  the  laws  of  either  of  the  States  bounded  on 
such  waters,  to  pilot  the  vessel  to  or  from  such  port. 

R.  s.,  A237.  No  regulations  or  provisions  shall  be  adopted  by  any 

State  which  shall  make  an}"  discriminat'on  in  the  rate  of 
pilotage  or  half  pilotage  between  vessels  sailing-  })etween 
the  ports  of  one  State  and  vessels  sailing-  ])etween  the 
ports  of  dili'erent  States,  or  an}"  discrimination  against 
vessels  propelled  in  whole  or  in  part  by  steam,  or  against 
national  vessels  of  the  United  States;  and  all  existing 
regulations  or  provisions  making  any  such  discrimination 
are  annulled  and  abrogated. 

steam  vessels  J^o  State  or  municipal  government  shall  impose  upon 
exempt  from  pilots  of  steam-vcsscls  anv  obligation  to  procure  a  State 
lotTle"''"''^'    ^'' «!'  other  license  in  addition  to  that  issued  by  the  United 

R.s.,w.h.  States,  or  any  other  regulation  which  will  impede  such 
pilots  in  the  performance  of  the  duties  required  bv  this 
Title  [R.  S.,i390-t500];  nor  shall  any  pilot-charges belevied 
by  any  such  authority  upon  any  steamer  piloted  as  provided 
by  this  Title;  and  in  no  case  shall  the  fees  charged  for 
the  pilotage  of  any  steam-vessel  exceed  the  customary 
or  legally  established  rates  in  the  State  where  the  same  is 
performed.  Nothing  in  this  Title  shall  be  construed  to 
annul  or  affect  any  regulation  established  by  the  laws 
of  any  State,  requiring-  vessels  entering  or  hnxving  a  port 
in  any  such  State,  other  than  coastwise  steam- vessels,  to 
take  a  pilot  duly  licensed  or  authorized  by  the  laws  of 
such  State,  or  of  a  State  situate  upon  the  waters  of  such 
State. 

COMMERCE   WITH   CONTIGUOUS   COUNTRIES 

tradlfvissels'^""  Exccpt  into  the  districts  hereinbefore  described  on  the 
'ji.  s.,k'ooi'  northern,  northwestern,  and  western  boundaries  of  the 
United  States,  adjoining  to  the  Dominion  of  Canada,  or 
into  the  districts  adjacent  to  Mexico,  no  merchandise  of 
foreign  growth  or  manufacture,  subject  to  the  payment  of 
duties,  shall  be  brought  into  the  United  States  from  any 
foreign  port  in  any  other  manner  than  by  sea,  nor  in  any 
vessel  of  less  than  thirty  tons  burden,  agreeably  to  the 
admeasurement  directed  for  ascertaining-  the  tonnage  of 
vessels;  or  landed  or  unladen  at  any  other  port  than  is 
directed  by  this  Title  [R.  S.,  2517-3129],  under  the  penalty 


BUREAU    OF    NAVIGATION  297 

of  soi/uvo  and  i'oriVitur(>  of  all  such  vcssc'ls,  and  of  the 
ni(M(liandis(^  iini)()rtcd  lluMHMn,  landed  or  unladen  in  any 
other  manner. 

All  persons  may  imi)ort  any  merchandise  of  which  the  r.  s.,min. 
importation  shall  not  bo  entirely  i)rohihit(Hl,  into  the  dis- 
tricts which  arc  or  may  be  established  on  the  northern  and 
northwestern  V)oundaries  of  the  United  States,  in  vessels 
or  boats  of  any  burden,  and  in  rafts  or  carriag^es  of  any 
kind  or  nature  Avhatsoever. 

If  anv  miM'chandise  shall, at anv  ])ort  in  the  I'nited  States    Evasion   of 

.1      •  ,1  ii  i  '  ii  i.  J-  ^*  coasting- liiws  on 

on  the  nortliern,  nortlieastcrn,  or  northwestern  rrontiers  me  lakes  iin<i 
thereof,  l)e  laden  upon  any  vessel  Ixdon^'ino-  wliolly  <'i"  i»  ^'^™*,lf'^'^^jjo 
part  to  a  subject  of  a  foreign  country,  and  shidl  be  taken 
thence  to  a  foreign  port  to  l)o  reladen  and  reshipped  to 
any  other  port  in  the  United  States  on  such  frontiers, 
either  by  the  same  or  an}"  other  vessel,  foreign  or  Ameri- 
can, with  intent  to  evade  the  provisions  relating*  to  the 
transportation  of  merchandise  from  one  port  of  the  United 
States  to  anothin-  port  of  the  United  States,  in  a  vessel 
belonging-  wholly  or  in  part  to  a  subject  of  any  foreign 
power,  the  merchandise  shall,  on  its  arrival  at  such  last- 
named  port,  be  seized  and  forfeited  to  the  United  States, 
and  the  vessel  shall  pay  a  tonnage-duty  of  fifty  cents  per 
ton  on  her  admeasurement. 

All  vessels,  boats,  rafts,  and  carriages,  of  what  kind  inward  mnni- 
soever,  arriving-  in  such  districts,  on  the  northern  and  a\>.,  .w.-yr. 
northw'estern  frontiers,  containing-  merchandise  sul)ject 
to  duties,  on  being  imported  into  an}"  port  of  the  United 
States,  shall  be  reported  to  the  collector,  or  other  chief 
officer  of  the  customs  at  the  port  of  entry  in  the  district 
into  which  it  shall  be  so  imported;  and  such  merchandise 
shall  be  accompanied  with  like  manifests,  and  like  entries 
shall  be  made,  by  the  persons  having-  charge  of  any  such 
vessels,  boats,  rafts,  and  carriages,  and  by  the  owners  or 
consignees  of  the  merchandise  I'aden  on  board  the  same; 
and  the  i)owers  and  duties  of  the  officers  of  tlie  customs 
shall  l)e  exercised  and  discharged  in  the  districts  last  men- 
tioned, in  like  manner  as  is  prescril)ed  in  respect  to  mer- 
chandis(>  imported  in  vessels  from  the  sea;  and  generally, 
all  such  importations  shall  l)e  sul)ject  to  like  regulations, 
penalties,  and  forfeitures  as  in  other  districts,  except  as  is 
hereinafter  specially  provided. 

The  master  of  any  vessel,  except  registered  vessels,  and  n.  s.,  .wss. 
every  person  having  charge  of  any  boat,  canoe,  or  raft, 
and  the  conductor  or  driver  of  any  carriage  or  sleigh,  and 
everv  other  person,  coming  from  any  foreign  ten-itory 
adjacent  to  the  Ignited  States  into  the  U^nited  States,  with 
merchandise  subject  to  duty,  shall  deliver,  innncHliately 
on  his  arrival  within  the  Unit(Kl  States,  a  manifest  of  the 
cargo  or  loading  of  such  vessel,  boat.  cano(%  raft,  carriage, 
or  sleigh,  or  of  the  merchandise  so  brought  from  such 
foreign  territory,  at  the  office  of  any  collector  or  deputy 
collector  which  shall  be  nearest  to  the  boundary-line,  or 
nearest  to  the  road  or  waters  bv  which  such  merchandise 


298  BUEEAU    OF    NAVIGATION 

is  brought;  and  evei\y  such  manifest  shall  be  verified  by 
the  oath  of  sueh  person  delivering-  the  same;  which  oath 
shall  be' taken  before  such  collector  or  deputy  collector; 
and  such  oath  shall  state  that  such  manifest  contains  a 
full,  just,  and  true  account  of  the  kinds,  quantities,  and 
values  of  all  the  merchandise  so  brought  from  such  foreign 
territor}. 
Penalty  for     jf  ^\^q  master,  or  other  person  having  charge  of  anv  ves- 

failure  to  fif liver  -  ,         ^^  -.      '^  ^      ,  ■  , 

manifest.  sel,  boat,  cauoe,  or  raft,  or  the  conductor  or  driver  of  any 

ji.  s.,  mm.  carriage  or  sleigh,  or  other  person  bringing  such  merchan- 
dise, shall  neglect  or  refuse  to  deliver  the  manifest  required 
by  the  preceding  section,  or  pass  by  or  avoid  such  office, 
'  the  merchandise  sul)ject  to  duty,  and  so  imported,  shall  be 

forfeited  to  the  United  States,  together  with  the  vessel, 
boat,  canoe,  or  raft,  the  tackle,  apparel,  and  furniture  of 
the  same,  or  the  carriage  or  sleigh,  and  harness  and  cattle 
drawing  the  same,  or  the  horses  with  their  saddles  and 
bridles,  as  the  case  may  be;  and  such  master,  conductor, 
or  other  importer  shall  be  subject  to  a  penalty  of  four 
times  the  value  of  the  merchandise  so  imported. 

Transfer  of  The  master  of  any  foreign  vessel,  laden  or  in  ])allast, 
^"^^^'^s.,  S109.  arriving,  whether  by  sea  or  otherwise,  in  the  waters  of  the 
United  States  from  any  foreign  territory  adjacent  to  the 
northern,  northeastern,  or  northwestern  frontiers  of  the 
United  States,  shall  report  at  the  office  of  any  collector  or 
deputy  collector  of  the  customs,  which  shall  be  nearest  to 
the  point  at  which  such  vessel  may  enter  such  waters;  and 
such  vessel  shall  not  transfer  her  cargo  or  passengers  to 
another  vessel  or  proceed  farther  inland,  either  to  ludade 
or  take  in  cargo,  without  a  special  permit  from  such  col- 
lector or  deputy  collector,  issued  under  and  in  accordance 

Fd).  14, 190S.     wnth  such  general  or  special  regulations  as  the  Secretary  of 

.^I'm' "  '^"''■^  Commerce  and  Labor  may,  in  his  discretion,  from  time  to 
time  presenile.     This  section  shall  also  apply  to  trade  with 

{so'stal,  2f,i)   or  through  Alaska.     For  any  violation  of  this  section  such 

Hec.  u.  vessel  shall  be  seized  and  forfeited. 

Sea  stores  for      Jf  any  vcssel  enrolled  or  licensed  to  engage  in  the  foreign 

Great  Lakes  ves-         ,  -^  , .  .        ,  ,,  ,,  ii  i  i 

seis.  and  coastmg   trade  on    the    northern,  northeastern,  and 

R.  s.,  3111.  northwestern  frontiers  of  the  Ignited  States  shall  touch  at 
any  port  in  the  adjacent  British  provinces,  and  the  master 
of  such  vessel  shall  purchase  any  merchandise  for  the  use 
of  the  vessel,  the  master  of  the  vessel  shall  report  the 
same,  with  cost  and  quantity  thereof,  to  the  collector  or 
other  officer  of  the  customs  at  the  first  port  in  the  ITnited 
States  at  which  he  shall  lu^xt  arrive,  designating  them  as 
"sea-stores;"  and  in  the  oath  to  be  taken  by  such  master 
of  such  vessel,  on  making  such  report,  he  shall  declare 
that  the  articles  so  specified  or  designated  "'sea-stores"  are 
truly  intended  for  the  use  exclusi^'ely  of  the  vessel,  and 
are  not  intended  for  sale,  transfer,  or  private  use.  If  any 
Penalty.  other  or  greater  quantity  of  dutiable  articles  shall  ])e  found 

on  board  such  \essel  tlian  are  specified  in  such  report  or 
entry  of  such  articles,  or  any  part  thereof  shall  be  laiuh^d 
without  a  permit  from   a  collector  or  other  officer  of  the 


BUREAU    OF   NAVIGATION  299 

cnstom^^.  siu'h  articles  to^ctlKM-  with  the  \(>ssi>l,  liciappinvl, 
tackle,  and  furniture,  shall  he  fort'eiled. 

If,  upon  examination  and  inspefticui  hy  (he  collector  or >,/,','.^{;Jr''J'""  "^ 
other  olHcor  of  the  customs,  .such  articles  are  not  deemed    A'.  n.,  .;/;.'. 
excessive  in  ([uantity  for  the  use  of  the  vess(^l,  until  an 
American  port  may  he  reached  ])y  such  vessel,  where  such 
sea-stores  can  Ik»  obtained,  such  articles  shall   he  d(>clared 
frtH^  of  duty;  hut  if  it  shall   he  found  that  the  ([uantity  or 
(|uantities  of  such  articles,  or  any  ])art  (her(H)f  so  reported    ivimity. 
are  excessivt\  it  shall  he  lawful  for  the  colUn'tor  or  other 
otiicer  of  the  customs  to  estimate  the  amount  of  duty  on 
such  excess,  which  shall  h«>  forthwith  i)aid  by  the  master 
of  the  vessel,  on  penalty  of  payinj>-  a  sum  of  not  less  than 
one  hundred  dollars,  nor  moi'ethan  four  times  the  value  of 
such  excess,  or  such  master  shall  he  punishahh^  by  impris- 
onment for  not  less  than  three  months,  and  not  more  than 
two  years. 

Articles  purchasinl  for  the  use  of  or  for  sale  on  board  any  |f'".""^^]*^'"'**'- 
such  vessel,  as  saloon  stores  or  supplies,  shall  ])e  deemed 
merchandise,  and  shall  be  liable,  when  purchased  at  a  for- 
eign ]X)rt,  to  entry  and  the  pavment  of  the  duties  found  to 
be  due  thereon,  at  the  lirst  port  of  arrival  of  such  vessel 
in  the  United  States;  and  for  a  failure  on  the  part  of  the 
saloon-keeper  or  person  purchasing-  or  owning  such  articles 
to  report,  make  entries,  and  pav  duties,  as  hereinbefore 
required,  such  articles,  together  with  the  fixtures  and 
other  merchandise,  found  in  such  saloon  or  on  or  a])Out 
such  vessel  belonging  to  and  owned  by  su(di  saloon-keeper 
or  other  person  interested  in  such  saloon,  shall  be  seized 
and  forfeited,  and  such  saloon-keeper  or  other  person  so 
purchasing  and  owning  shall  ]}o  liable  to  a  penalty  of  not 
less  than  one  hundred  dollars  and  not  more  than  five  hun- 
dred, and  shall  be  punishal)le  ])v  imprisonment  for  not  less 
than  three  months,  and  not  more  than  two  years. 

The  e<(uipments,  or  any  part'  thereof,  including-  boats.  j,.^frs^^*^^  ""  ^'^' 
purchased  for,  or  the  expenses  of  repairs  made  in  a  foreign  -R.  's-,  suu. 
country  upon  a  vessel  enrolled  and  licensed  under  the  laws 
of  the  rnitcd  States  to  engage  in  the  foreign  and  coasting- 
trade  on  the  northern,  northeastern,  and  northwestern 
frontiers  of  the  United  States,  or  a  vessel  intended  to  be 
employed  in  such  trade,  shall,  on  the  tirst  arrival  of  such 
vessel  in  any  port  of  the  Unil:ed  States,  be  liable  to  entry 
and  the  payment  of  an  ad-valoreni  duty  of  fifty  per  cen- 
tum on  the  cost  thereof  in  such  foreign  country;  and  if 
the  owner  or  master  of  such  vesscd  shall  willfully  and 
knowingly  neglect  or  fail  to  report,  make  entry,  and  pay 
duties  as  heriMn  i'e((uircd,  such  vessel,  with  h(M-  tackle, 
api)arel.  and  furniture,  shall  l»e  seiz(>d  and  foi-feited. 

No  license,  or  enrollment  and  license,  nor  renewal  of    Knroijmeut  of 

.,,  1     11    1  ,.  1        .  T  1  ^-1    j^i      repaired  vessel. 

either,  shall  hereafter  be  issued  to  any  vessel  until  the    r.  .s.,  /,sso. 
collector  to  whom  application  is  made  for  the  same  is  satis- 
fied, from  the  oath  of  the  owner  or  master,  that  all  ecpiip- 
ments  and  repairs,  made  in  a  foreign  port  within  the  year 
immediately  preceding  such  application,  have  been  duly 


300  BUREAU    OF   NAVIGATION 

accounted  for,  and  tlic  duties  accruing-  thereon  duly  paid; 
and  if  such  owner  or  master  shall  refuse  to  take  such  oath, 
or  take  it  falsely,  the  yessel  shall  he  seized  and  forfeited. 

U.S., sua.  If  the  owner  or  master  of  such  yessel  shall,  howeyer, 

furnish  good  and  sufficient  eyidence  that  such  vessel,  while 
in  the  reg-ular  course  of  her  yo3'age,  was  compelled,  by 
stress  of  weather  or  other  casualty,  to  put  into  such  foreign 
port  and  purchase  such  equipments,  or  make  such  repairs, 
to  secure  the  safety  of  the  yessel  to  enable  her  to  reach  her 
port  of  destination,  then  it  shall  be  competent  for  the  Secre- 
tary of  the  Treasury  to  remit  or  refund  such  duties,  and 
such  yessel  shall  not  be  liable  to  forfeiture,  and  no  license 
or  enrollment  and  license,  or  renewal  of  either,  shall  here- 
after be  issued  to  any  such  yessel  until  the  collector  to 
whom  application  is  made  for  the  same  shall  be  satisfied, 
from  the  oath  of  the  owner  or  master,  that  all  such  equip- 
ments and  repairs  made  within  the  year  immediately  pre- 
ceding such  application  haye  been  dul}^  accounted  for  under 
the  provisions  of  this  and  the  preceding  sections,  and  the 
duties  accruing  thereon  duly  paid;  and  if  such  owner  or 
master  shall  refuse  to  take  such  oath,  or  take  it  falsely,  the 
vessel  shall  be  seized  and  forfeited. 

Entryfromone  Xhc  master  of  cycry  yessel  enrolled  or  licensed  to  engage 
other.          '      in  the  foreign  and  coasting  trade  on  the  northern,  north- 

ji.,s.,3nfi.  eastern,  and  northwestern  frontiers  of  the  United  States, 
except  canal-boats  employed  in  nayigating  the  canals  with- 
in the  United  States,  shall,  before  the  departure  of  his 
vessel  from  a  port  in  one  collection-district  to  a  port  in 
another  collection-district,  present  to  the  collector  at  the 
port  of  departui'e  duplicate  manifests  of  his  cargo,  or,  if 
he  haye  no  cargo,  duplicate  manifests  setting  forth  that 
fact;  such  manifests  shall  be  subscribed  and  sworn  to  by 
the  master  before  the  collector,  who  shall  indorse  thereon 
his  certificate  of  clearance,  retaining  one  for  the  tiles  of 
his  office;  the  other  he  shall  deliyer  for  the  use  of  the 
master. 

R.  s.,  siir.  jf  any  vessel  so  enrolled  or  licensed  shall  touch  at  any 

intermediate  port  of  the  United  States,  and  there  dis- 
charge cargo  taken  on  board  at  an  American  port,  or  at 
such  intermediate  ports  shall  take  on  board  cargo  destined 
for  an  American  port,  the  master  of  such  yessel  shall  not 
be  required  to  report  such  lading  or  unlading  at  such 
intermediate  ports,  but  shall  enter  the  same  on  his  mani- 
fest obtained  at  the  original  port  of  departure,  which  he 
shall  deliyer  to  the  collector  of  the  port  at  which  the  un- 
lading of  the  cargo  is  completed,  within  twenty-four  hours 
after  arrival,  and  shall  subscribe  and  make  oath  as  to  the 
truth  and  correctness  of  the  same. 

T:.s.,:'iiis.  The  master  of  any  yessel  so  enrolled  or  licensed  shall, 

before  departing  from  a  port  in  one  collection-district  to  a 
place  in  another  collection-district,  where  there  is  no 
custom-house,  tile  his  manifest,  and  obtain  a  clearance  in 
the  same  manner,  and  make  oath  to  the  manifest,  which 
manifest  and  clearance  shall  be  delivered  to  the  proper 


BUREAU   OF   NAVIGATION  301 

ottiror  of  fustonis  at  tlic  port  at  which  the  vessel  next 
arrivi's  after  leavino-  the  place  of  destiiuitioii  specified  in 
the  cl(>arance. 

Nothing"  contained  in  the  tiiree  preceding-  sections  shall    a*. ,S'., »;w. 
exenijjt  masters  of  vessels  from  irpoilino-,  as  now  recpiired 
by  law,  any  merchandise  destined  for  any  foreign  port. 
No  permit  shall  bo  reipiired  for  the  unlading*  of  cargo 
brought  from  an  American  port. 

No  merchandise  tak(>n  f  I'om  any  port  in  the  United  Stales  -B-  s.,  sizo. 
on  the  northern,  northeastern,  or  northwestern  frontiers 
thereof,  toa])()rt  in  another  colloction-districtof  the  United 
States  on  such  frontiers,  in  any  vessel,  shall  l)e  unladen  or 
deli\ered  from  such  vessel  within  the  United  States,  but 
in  open  da}^  that  is  to  say,  between  the  rising  and  sotting 
of  the  sun,  except  by  special  license  from  the  collector  or 
other  principal  officer  of  the  port  for  the  purpose.  The 
owner  of  every  vessel  whose  master  or  manager  shall  neg- 
lect to  comply  with  the  provisions  of  this  section  shall  be 
liable  to  a  penalty  of  not  less  than  one  hundred  dollars  nor 
more  than  live  hundred.  The  Secretary  of  Commerce  and  f;*;4^^  ^"^fy. 
Lal)or  may,  from  time  to  time,  make  such  regulations  as  iiec'io." 
to  him  shall  seem  necessar}"  and  expedient  for  unloading 
at  and  clearance  from  any  port  or  place  on  such  frontiers 
of  ships  or  vessels  at  night.  And  the  Secretary  of  Com- 
merce and  Labor  be,  and  he  is  hereby,  authorized,  in  his 
discretion,  to  make  such  regulations  as  shall  enable  vessels 
engaged  in  the  coasting  trade  between  ports  and  places „i''^J^^^^j^^i^^° 

Ti       -M-    ^  •  1       •       1  iiT  •J^^  •  Coasting  trade. 

U})on  J^ake  JMicIngan  exclusively,  und  l;iden  witli  American 
productions  and  free  merchandise  onh",  to  unlade  their 
cargoes  without  previously  obtaining  a  permit  to  unlade. 

The  master  of  any  vessel  so  enrolled  or  licensed,  destined  -R-  s.,  siss, 
with  a  cargo  from  a  place  in  the  United  States,  at  which 
there  may  be  no  custom-house,  to  a  port  where  there  may 
be  a  custom-house,  shall,  within' twenty-four  hours  after 
arrival  at  the  port  of  destination,  deliver  to  the  proper 
officer  of  the  customs  a  manifest,  subscri])ed  by  him,  set- 
ting forth  the  cargo  laden  at  the  place  of  departure,  or 
laden  or  unladen  at  any  intermediate  port,  or  place,  to  the 
truth  of  which  manifest  he  shall  make  oath  before  such 
officer.  If  the  vessel,  however,  have  no  cargo,  the  master 
shall  not  l)e  required  to  deliver  such  manifest. 

The  master  of  an}^  vessel  with  cargo,  passengers,  or(.„^go^and^pas^ 
baggage  from  any  foreign  port,  shall  obtain  a  permit  ^"d  »"^&'^y'^-^^^^ 
coinpl}"  with  existing  laws,  before  discharging  or  landing 
the  same. 

Steam-tugs  duly  enrolled  and  licensed  to  engage  in  the  y**^S"^j;"f^- 
lorcign  and  coasting  trade  on  the  nortliern,  northeastern, 
and  northwestern  frontiers  of  the  United  States,  when 
exclusively  em})l()yed  in  towing  \essels,  shall  not  be 
re(|uired  to  report  and  clear  at  the  custom-house.  When 
such  steam-tugs,  however,  are  employed  in  towing  rafts  or 
other  vessels  without  sail  or  steam  m()tive-i)ower,  not 
required  to  })e  enrolled  or  licensed  under  existing  laws, 
they  shall  be  required  to  report  and  clear  in  the  same 


302  BUREAU    OF    NAVIGATION 

iiuinner  as  i.s  hereinbefore  provided  in  similar  eases  lor 
other  vessels, 

peliaities^  '^"*^  f'^^^  manifests,  certificates  of  clearance,  and  oaths,  pro- 
^ih'i^'^ms  ^'^^^^*^  *'^*^'  '*3'  *^^^'  ei^ht  precedino-  sections  (R.  S.,  SlKi- 
(sistat,  s-21).)  3128],  shall  l)e  in  such  form,  and  prepared,  filled  iip^  and 
.See.  10.  executed  in  such  manner  as  the  Secretary  of  Commerce 

and  Labor  may  from  time  to  time  prescribe. 
A'.  ,s.,  sn:j.  Yi  the  master  of  any  enrolled  or  licensed  vessel  shall 

neglect  or  fail  to  comply  with  any  of  the  provisions  or 
requirements  of  the  nine  preceding  sections  [R.  fS.,  3116- 
3124:],  such  master  shall  forfeit  and  pay  to  the  United 
States  the  sum  of  twenty  dollars  for  each  and  every  fail- 
ure or  neglect,  and  for  which  sum  the  vessel  shall  be  lia- 
])le,  fuid  may  ])e  sunnnarily  proceeded  against,  b}-  way  of 
libel,  in  any  district  court  of  the  United  States. 

fore/gn'^port^  "'  ^^^J  vcsscl,  ou  being  duly  registered  in  pursuance  of  the 
JR.  a.,  3126.  laws  of  the  United  States,  may  engage  in  trade  between 
one  port  in  the  United  States  and  one  or  more  ports 
within  the  same,  with  the  privilege  of  touching  at  one  or 
more  foreign  ports  during  the  voj^age,  and  land  and  take  in 
thereat  nnu'chandise,  i)assengers  and  their  baggage,  and 
letters,  and  mails.  All  such  vessels  shall  l)e  furnished  by 
the  collectors  of  the  ports  at  which  they  shall  take  in  their 
cargoes  in  the  United  States,  with  certified  manifests, 
setting  forth  the  particulars  of  the  cargoes,  the  marks, 
number  of  packages,  by  whom  shipped,  to  whom  con- 
signed, at  what  port  to  be  delivered;  designating  such 
merchandise  as  is  entitled  to  drawback,  or  to  the  privilege 
of  being  placed  in  warehouse;  and  the  masters  of  all  such 
vessels  shall,  on  their  arrival  at  any  port  of  the  United 
States  from  any  foreign  port  at  which  such  vessel  may 
have  touched,  as  herein  provided,  conform  to  the  laws 
providing  for  the  delivery  of  manifests  of  cargo  and  pas- 
sengers taken  on  board  at  such  foreign  port,  and  all  other 
laws  regulating  the  report  and  entry  of  vessels  from 
foj'eign  ports,  and  be  subject  to  all  the  penalties  therein 
prescribed. 

chami^fe?  coast-      -^"J  foreign  merchandise  taken  in  at  one  port  of  the 

^'S^„  United  States  to  be  conveyed  in  registered  vessels  to  any 

Jt   S    S127  •        •  .  ^  .       * 

other  port  within  the  same,  either  under  the  provisions 
relating  to  warehouses,  or  under  the  laws  regulating  the 
transportation  coastwise  of  merchandise  entitled  to  draw- 
l)ack,  as  w  ell  as  any  n*erchandise  not  entitled  to  drawback, 
but  on  which  the  import  duties  chargeable  by  law  shall 
have  been  duly  paid,  shall  not  become  su))iect  to  any  im- 
port duty  by  reason  of  the  vessel  in  which  they  may  arrive 
having  touched  at  a  foreign  port  during  the  voyage. 
sions^*fOT  B^it'i^sh  When  any  merchandise  shall  be  imported  from  Canada 
North  America,  into  the  Ignited  States,  in  any  steamboat  on  Lake  Cham- 
plain,  and  tli(».  merchandise  shall  have  been  duly  entered, 
the  duties  thereon  paid  at  the  ollice  of  the  collector  of  an}^ 
district  adjoining  Lake  Champlain,  it  shall  be  lawful  to 
land  such  mei'chandise  in  the  same  or  any  other  district 
adjoining  Lake  Champlain. 


BUREAU    OK    NAVIGATION  30" 

Tho  Socivtiii'.v  of  ('oiiiiiUMcc  and  Lain)!',  with  tho  appro-  %if-\l^f,;^^ 
hation  t)t"  tln>  I'rcsidiMit,  provicUnl  tlu>  lattor  shall  ))0  satis-  (sisiat.,'H2'j.) 
fit>(l  that  similar  privileges  arc  cxtiMulcd  to  vcsscds  of  the  *^''- ^°- 
I'liittHl  Stat(>s  ill  the  colonics  horciriat'ter  nuMitioiiod,  is 
hon'l)y  authori/,(Ml,  under  such  rcoulatioiis  as  ho  jSccre- 
tarv  of  the  Tivasurv  |  may  prescribe  to  protect  the  revenue 
from  fraud,  to  permit  \'cssels  hiden  with  the  products  of 
Canada,  Now  Brunswick,  Nova  Scotia,  Newfoundland, 
and  Prince  Edward  Island,  or  either  of  them,  to  hide  or 
unlade  at  any  port  within  any  collection-district  of  the 
I'nited  States  which  he  may  desiuiuito;  and  if  any  such 
vessel  entering  a  port  so  desit;natod,  to  lade  or  unlade, 
shall  noti"loct  or  refuse  to  comply  with  the  re_i»-ulations  so 
prescribed  by  the  Socrotary  of  the  Treasury  |aiid  th(>  Sec- 
retary of  Commerce  and  Labor],  such  vessel,  and  the 
owner  and  master  thereof,  shall  be  subject  to  the  same 
penalties  as  if  no  authority  under  this  section  had  been 
granted  to  lade  or  luilade  in  such  port. 

DOMESTIC    COMMERCE 

The  sea-coast  and  navio'able  rivers  of  the  United  States  d""*;^* f Jff "'*^- 
snail  be  di\ided  into  three  groat  districts:  the  first  to 
include  all  the  collection-districts  on  the  sea-coast  and 
navigable  rivers,  between  the  eastern  limits  of  the  United 
States  and  the  southern  limits  of  Georgia;  the  second  to 
include  all  the  collection-districts  on  the  sea-coast  and 
navigable  rivers  between  the  river  Perdido  and  the  Rio 
Grande;  and  the  third  to  include  all  the  collection-districts 
on  the  sea-coast  and  navigable  rivers  between  the  southern 
limits  of  Georgia  and  the  river  Perdido. 

The  master  of  ever}^  vessel  under  twenty  tons  burden  ^^.j^il^'/^^'Y'reat 
liiensed  for  carrving  on  the  coasting-trade,  destined  froui district, 
a  district  in  one  State  to  a  district  in  the  same  or  an  adjoin- 
ing State,  on  the  sea-coast  or  on  a  navigable  river,  and  of 
every  vessel  of  the  burden  of  twenty  tons  and  upward,  des- 
tined from  a  district  within  one  of  the  great  districts  to 
another  district  within  the  same  great  district,  or  from  a 
State  in  one  groat  district  to  an  adjoining  State  in  another 
groat  district,  having  on  l)oard  either  distilled  spirits  in 
casks  exceeding  five  hundred  gallons,  wines  in  casks  exceed- 
ing two  hundred  and  fifty  gallons,  or  in  bottles  exceeding 
one  hundred  dozens,  sugar  in  casks  or  boxes  exceeding  three 
thousand  pounds,  or  foreign  merchandise  in  packages,  as 
inijmrted,  exceeding  in  value  foui"  hundred  dollars,  or  mer- 
chandise, consisting  of  such  enumerated  or  other  articles 
of  foreign  growth  or  manufacture,  or  of  both,  whose  aggre- 
gate value  exceeds  eiglit  hundred  dollars,  siiall,  previous 
to  the  depai'ture  of  such  vessel  fiom  the  poi't  where  she 
may  then  be,  make  out  and  sul)scribe  duplic-ate  manifests 
of  the  whole  of  such  cargo  on  board  such  vessel,  specifying 


304  BUKEAU    OF    NAVIGATION 

in  such  manifests  the  marks  and  numbers  of  every  cask,  bag, 
box,  chest,  or  package  containing  the  same,  with  the  name 
and  place  of  residence  of  ever\"  shipper  and  consignee,  and 
the  quantity  shipped  b}^  and  to  each.  If  there  be  a  collector 
or  surveyor  residing  at  such  port,  or  within  live  miles 
thereof,  he  shall  deliver  such  manifest  to  the  collector,  if 
there  be  one;  otherwise  to  the  surveyor,  before  whom  he 
shall  swear,  to  the  best  of  his  knowledge  and  Ijelief,  that 
the  goods  therein  contained  were  legally  imported,  and 
the  duties  thereupon  paid  or  secured,  or  if  spirits  distilled 
within  the  United  States  that  the  duties  thereupon  have 
been  paid  or  secured.  Thereupon  the  collector  or  surveyor 
shall  certify  the  same  on  the  manifests,  one  of  which  he 
shall  return  to  the  master,  with  a  permit,  specifying  thereon, 
generally,  the  lading  on  board  such  vessel,  and  authoriz- 
ing him  to  proceed  to  the  port  of  his  destination. 
juif'i^^fsW,  ^^^y  vessel,  being  laden  and  destined,  as  mentioned  in 

(lo'stat.,  9o')  the  preceding  section,  shall  depart  from  the  port  where  she 
may  then  be  without  the  master  having  tirst  made  out  and 
subscribed  duplicate  manifests  of  the  lading  on  V)oard  such 
vessel,  and  in  case  thei'e  be  a  collector  or  surveyor  residing 
at  such  port,  or  within  five  miles  thereof,  Avithout  having 
pi"eviously  delivered  the  same  to  the  collector  or  surveyor, 
and  obtaining  a  permit,  such  master  shall  be  liable  to  a 
penalty  of  one  hundred  dollars. 
resu  mstrict""  "^  '^^^  master  of  every  vessel  licensed  for  carrying  on  the 
R.s.^'lsr,!/^  coasting-trade,  having  on  board  either  distilled  spirits  in 
iiP'daufo.)  casks  exceeding  five  hundred  gallons,  wine  in  casks  exceed- 
ing two  hundred  and  hfty  gallons,  or  in  bottles  exceeding 
one  hundred  dozens,  sugar  in  casks  or  boxes  exceeding 
three  thousand  pounds,  or  foreign  merchandise  in  packages, 
as  imported,  exceeding  in  value  four  hundred  dollars,  or 
goods,  wares,  or  merchandise,  consisting  of  such  enumer- 
ated or  other  articles  of  foreign  growth  or  manufacture,  or 
of  both,  whose  aggregate  value  exceeds  eight  hundred  dol- 
lars, and  arriving  from  a  district  in  one  State,  at  a  district 
in  the  same  or  an  adjoining  State  on  the  sea-coast,  or  on  a 
navigable  river,  or,  if  of  the  burden  of  twenty  tons  or 
upward,  arriving  at  a  district  within  one  of  the  great  dis- 
tricts from  another  district  within  the  same  great  district, 
or  from  a  State  adjoining  such  great  district,  shall,  previ- 
ous to  the  unlading  of  any  part  of  the  cargo  of  such  vessel, 
deliver  to  the  collector,  if  there  be  one,  or  if  not,  to  the 
surveyor  residing  at  the  port  of  her  arrival,  or  if  there  be 
no  collector  or  surve3'or  residing  at  such  port,  then  to  a 
collector  or  surveyor,  if  there  be  any  such  officer  residing 
within  tive  miles  thereof,  the  manifest  of  the  cargo,  certi- 
fied by  the  collector  or  surveyor  of  the  district  from  whence 
she  sailed  if  there  be  such  manifest,  otherwise  the  duplicate 
manifest  thereof,  as  is  hereinl>cfore  directed,  to  the  truth 
of  which,  l)efore  such  officer,  he  shall  swear.  If  there  have 
])een  taken  on  board  such  vessel  an}'  other  or  more  goods 
than  are  contained  in  such  manifest  or  manifests,  since  her 


BUREAU    OF    NAVIGATION  305 

doparturo  from  tlu'  port  from  Avhence  she  first  sailed,  or  if 
anv  iioods  ha\  o  Ixhmi  since  landed,  the  master  shall  make 
known  and  partieidarize  the  same  to  the  eolleetor  or  sur- 
veyor, or  if  no  such  o'oods  have  been  so  taken  on  board  or 
landed,  he  shall  so  declare,  to  the  truth  of  which  he  shall 
swear.  Thennipon  the  collector  or  sui'V(\vor  shall  orant  a 
permit  for  unhiding;  a  part  or  the  Avliole  of  such  cargo,  a>s 
the  master  or  commander  may  request.  If  there  is  no  col- 
lector or  surveyor  residino-  at  or  within  five  miles  of  the 
port  of  her  arrival,  the  mavster  of  such  vessel  may  proceed 
to  discharoe  the  lading-  from  on  board  such  A'cssel,  l)ut  shall 
deliver  to  the  collector  or  surveyor  residino-  at  the  first  port 
where  he  may  next  aft(M'ward  arrive,  and  within  twenty- 
four  hours  of  his  arri\al,  the  manifest  or  manifests,  noting 
thereon  the  times  wluMiand  plac(\s  where  the  goods  therein 
mentioned  have  been  luiladen,  to  the  truth  of  Avhich,  before 
the  last-mentioned  collector  or  surveyor,  he  shall  swear. 

If  the  master  of  any  such  vessel,  being  laden  and  des-    juij/pffg^;,; 
fined  as  mentioned  in  the  preceding  section,  shall  neglect    {19 stai,  m.) 
or  refuse  to  deliver  manifests,  at  the  times  and  in  the  man- 
ner directed,  he  shall  be  liable  to  a  penalty  of  one  hundred 
dollars. 

The  master  of  everv  vessel  under  twentv  tons  of  burden    cicaraiKc   for 

T  ^  £  •       •  ii  i-  i-      "i  1     1      i-        ,  another  pri'iit 

licensed  for  carrying  on  the  coastmg-trade,  and  destined  district, 
from  any  district  of  the  United  States  to  a  district  other  juiii'ijfmi;. 
than  a  district  in  the  same  or  an  adjoining  State,  on  the  sea-  (^^  *'«'-  '^"■^ 
coast,  or  on  a  navigable  river,  and  of  every  vessel  of  the 
})urden  of  twenty  tons  and  upward,  destined  to  a  district 
other  than  a  district  within  the  same  great  district,  or 
within  a  State  adjoining  such  great  district,  shall,  previous 
to  her  departure,  deliver  to  the  collector  residing  at  the 
port  where  such  vessel  may  be,  if  there  is  one,  otherwise 
to  the  collector  of  the  district  comprehending  such  port,  or 
to  a  surveyor  within  the  district^  as  the  one  or  the  other 
may  reside  nearest  to  the  port  at  which  such  vessel  may  be, 
duplicate  manifests  of  the  whole  cargo  on  board  such  ves- 
sel; or  if  there  is  no  cargo  on  board,  he  shall  so  certify; 
and  if  there  are  any  distilled  spirits,  or  merchandise  of 
foreign  growth  or  manufacture  on  board,  other  than  what 
may  by  the  collector  be  deemed  sufficient  for  sea-stores,  he 
shall  specify  in  such  manifests  the  marks  and  numbers  of 
every  cask,  bag.  ])ox,  chest,  or  package  containing  the 
same,  with  the  name,  and  place  of  residence  of  every  ship- 
per and  consignee  of  such  distilled  spirits,  or  merchandise 
of  foreign  growth  or  manufacture,  and  thequantit3'shii)ped 
by  and  to  each.  The  manifests  or  certificates  shall  be 
subscribed  and  sworn  to  by  him;  and  he  shall  also  sw<>ar, 
before  the  collector  or  surveyor,  that  such  merchandise  of 
foreign  growth  or  manufacture  was,  to  the  best  of  his 
knowledge  and  belied",  legally  imi)orted,  and  the  duties 
thereupon  paid  or  scn-ured;  or,  if  spiritsdistilled  within  the 
United  States,  that  the  duties  thereupon  have  been  duly 
paid  or  secured.  Upon  the  performance  of  these  provi- 
sions, and  not  before,  the  collector  or  survevor  shall  certify 

27628—04 20 


306  BUREAU    OF    NAVIGATION 

the  same  ou  the  manifests  or  certiiicates;  one  of  which  lie 
shall  return  to  the  master,  with  a  permit  thereto  annexed, 
authorizing-  him  to  proceed  to  the  port  of  his  destination. 
/.'.  N.,  US5L  If  any  such  vessel,  destined  as  mentioned  in  the  preced- 

\i9%aL,  '90.)  ing-  section,  shall  depart  from  the  port  where  she  may  then 
be,  having  distilled  spirits,  or  goods,  wares,  or  merchan- 
dise of  foreign  growth  or  manufacture  on  board,  without 
complying  with  the  reciuirements  of  the  preceding  section, 
the  master  thereof  shall  l)e  liable  to  a  penalty  of  one  hun- 
dred dollars;  or,  if  the  lading  be  of  goods  the  growth  or 
manufacture  of  the  United  States  only,  or  if  such  vessel 
have  no  cargo,  and  she  depart  without  the  several  things 
required  in  the  preceding  section  l)eing  complied  with,  the 
master  shall  be  liable  to  a  penalty  of  hfty  dollars, 
other'^grert  dis-  "^^^  master  of  evcry  vessel  under  twenty  tons  burden 
trict.  ^^  licensed  to  carry  on  the  coasting  trade,  arriving  at  any 
Jtdy"i2,  me.  district  of  the  United  States  from  any  district  other  than 
{19 Stat,  90.)  a  district  in  the  same  or  an  adjoining  State  on  the  sea- 
coast,  or  on  a  navigable  river,  and  of  every  vessel  of  the 
burden  of  twenty  tons  and  upward  arriving  from  a  district 
other  than  a  district  within  the  same  great  district,  or  from 
a  State  adjoining  such  great  district,  shall  deliver  to  the 
collector  residing  at  the  port  where  she  may  arrive  if  there 
be  one,  otherwise  to  the  collector  or  surveyor  in  the  dis- 
trict comprehending  such  port,  as  the  one  or  the  other  may 
reside  nearest  thereto,  if  the  collector  or  surveyor  reside 
at  a  distance  not  exceeding  live  miles,  within  twenty-four 
hours,  or,  if  at  a  greater  distance,  within  forty-eight  hours 
next  after  his  arrival,  and  previous  to  the  unlading  any  of 
the  goods  brought  in  such  vessel,  the  manifest  of  the  cargo, 
if  there  ])e  any,  certified  by  the  collector  or  surve^^or  of 
the  district  from  whence  she  last  sailed;  and  shall  make 
oath,  before  the  collector  or  surveyor,  that  there  was  not 
when  he  sailed  from  the  district  where  his  manifest  was 
certified,  and  has  not  been  since,  and  is  not  then  any  more 
or  other  merchandise  of  foreign  growth  or  manufacture, 
or  distilled  spirits,  if  there  be  any,  other  than  sea-stores, 
on  board  such  vessel,  than  is  therein  mentioned;  and  if 
there  be  none  such,  he  shall  so  swear;  and  if  there  be  no 
cargo  on  board,  he  shall  produce  the  certificate  of  the  col- 
lector or  surveyor  of  the  district  from  whence  she  last 
sailed  that  such  is  the  case.  Thereupon  such  collector  or 
surveyor  shall  grant  a  permit  for  unlading  the  Avhole  or 
part  of  such  cargo,  if  there  be  any,  within  his  district,  as 
the  master  may  request;  and  where  a  part  only  of  the  mer- 
chandise of  foreign  growth  or  manufacture,  or  of  distilled 
spirits,  brought  in  such  vessel,  is  intended  to  be  landed, 
the  collector  or  surveyor  shall  make  an  indorsement  of  such 
part  on  the  back  of  the  manifest,  specifying  the  articles  to 
be  landed;  and  shall  return  such  manifest  to  the  master, 
indorsing  also  thereon  his  permission  for  such  vessel  to 
proceed  to  the  place  of  her  destination. 
j-f-vff-.  If  the  master  of  such  vessel,  laden  and  destined  as  nien- 

(19'sM.,  90.)    tioned  in  the  preceding  section,  shall  neglect  or  refuse  to 


BUREAT    OF   NAVKJATION"  307 

(Iclivor  tlir  nianitVst,  or.  if  sh(>  lius  no  ciuiio,  tlio  cortiticate, 
witliin  the  tiiuo  ilii('ct(^d  in  tlu^  prccodiiiL;'  section,  he  shall 
bo  liable  to  a  penalty  of  one  hnndnHJ  dollars, and  the  mer- 
chandise of  foreign  t;rowth  or  nianiifaeture,  or  distilled 
spirits,  found  on  hoai'd,  or  landed  fi-oni  sueh  ship  or  ves- 
sel, not  boiny  certified  as  reciuired,  shall  be  forfeited;  and 
if  the  same  shall  amount  to  the  value  of  eioht  hundred 
dollars,  such  ship  or  vessel,  with  her  tackle,  apparel,  and 
furniture,  shall  be  also  forfeited. 

The  provisions  of  sections  forty-three  hundred  and  fort}'-    Kxemption  on 
nine,  forty-three  hundred  and  tifty.  forty-three  hundred InnnrnnX'iTiei!'' 
and  tiftv-one.   fortv-three   hundred  and   tiftv-two,  fortv-    /!''•''/'•;  ^1',''; 
three    iumdred  and  nfty-three,  torty-tliree  hundred  and 
fifty-four,  forty-three  hundred  and  tifty-tive,  and  forty- 
three  hundred  and  tif*:y -sixof  the  Revised  Statutes,  requir- 
ing- the  master  of  ever}'  vessel  licensed  to  carry  on  the 
coastino--trade,  laden  in  part  with  foreign  merchandise  or 
distilled  spirits,  to  procure  a  permit  from  the  customs 
olHcer  of  the  port  at  which  his  vessel  w^as  laden,  authoriz- 
\ng  him  to  proceed  to  his  port  of  destination,  and  also  to 
l)rocure  a  permit  from  the  port  of  destination  for  the  un- 
lading- of  his  cargo,  shall  not  ])e  held  to  include  vessels 
engaged  in  the  navigation  of  the  Mississippi  River  or  trib- 
utaries above  the  port  of  New  Orleans. 

Nothing  in  this  Title  IR.  S.,  4311-4390]  shall  be  so  con- .  vessels    with 

1  !!•  ii  1  I'  ii'i  ji  domestic    ciirgo. 

strued  as  to  oblige  the  master  or  any  vessel  or  less  than  ij.  ,s'.,  issy. 
twent}^  tons  ])urden,  licensed  for  carrying  on  the  coasting 
trade,  bound  from  a  district  in  one  State  to  a  district  in 
the  same  or  an  adjoining  State  on  the  sea-coast,  or  on  a 
navigal)le  river,  or  of  any  vessel  of  the  burden  of  twenty 
tons  or  upward.  l)ound  from  a  district  within  one  of  the 
great  districts  to  a  district  within  the  same  great  district, 
or  Avithin  a  State  adjoining  such  great  district,  having  on 
board  merchandise  of  the  growth,  product,  or  manufacture 
of  the  United  States  only,  except  distilled  spirits,  or  dis- 
tilled spirits  not  more  than  five  hundred  gallons,  wine  in 
casks  not  more  than  two  hundred  and  fifty  gallons,  or  in 
bottles  not  more  than  one  hundred  dozen,  sugar  in  casks 
or  boxes  not  more  than  three  thousand  pounds,  or  foreign 
merchandise  in  packages,  as  imported,  of  not  more  value 
than  four  hundred  dollars,  or  merchandise  consisting  of 
such  enumerated  or  other  articles  of  foreign  growth  or 
manufacture,  or  of  l)oth,  whose  aggregate  value  shall  be 
not  more  than  eight  hundred  dollars,  to  deliver  a  manifest 
thereof,  or  obtain  a  permit,  previous  to  her  departure,  or, 
on  her  ai'rival  within  such  district,  to  make  an}^  report 
thereof;  l)ut  such  master  shall  be  provided  with  a  mani- 
fest, by  him  sultscriljed,  of  the  lading,  of  what  kind  soever, 
which  was  on  Itoard  such  vessel  at  the  time  of  his  departure 
from  tin;  disti-ict  from  which  she  last  sailed,  and  if  the 
same,  or  any  part  of  such  lading,  consist  of  distilled  spirits, 
or  merchandise  of  foreign  growth  or  manufacture,  with  the 
marks  and  luimbers  of  each  cask,  bag,  box,  chest,  or  pack- 
age containing  the  same,  with  the  name  of  the  shipper  and 


308  BUREAU    OF   NAVIGATION 

con>sio-nce  of  each.  Such  manifest  shall  be  by  him  exhib- 
ited, for  the  inspection  of  an}"  officer  of  the  revenue, 
when  required  by  such  oflicer;  and  he  sliall  also  inform 
such  officer  from  whence  such  vessel  last  sailed,  and  how 
long-  she  has  been  in  port,  when  by  him  so  interrogated. 

ji.  x.,  inno.  Whenever  the  master  of  such  vessel,  laden  and  destined 

as  descri))ed  in  the  preceding  section,  is  not  provided,  on 
his  arrival  within  any  such  district,  with  a  manifest,  and 
does  not  exhibit  tlio  same,  as  required  in  the  preceding 
section,  if  the  lading  of  such  vessel  consists  wholly  of 
merchandise  the  produce  or  manufacture  of  the  United 
States,  distilled  spirits  excepted,  he  shall  be  lial^le  to  a 
penalty  of  twenty  dollars,  or  if  there  be  distilled  spirits, 
or  merchandise  of  foreign  growth  or  manufacture,  on 
Ijoard,  excepting  what  may  be  sufficient  for  sea  stores,  he 
shall  be  liable  to  a  penalty  of  forty  dollars;  or  if  he  shall 
refuse  to  answer  the  interrogatories  truly,  as  is  herein 
re(iuired,  he  shall  be  liable  to  a  penalty  of  one  hundred 
dolhirs.  If  any  of  the  merchandise  laden  on  board  such 
vessel  be  of  foreign  growth  or  manufacture,  or  of  spirits 
distilled  within  the  United  States,  so  nuich  of  the  same  as 
ma}^  be  found  on  Ijoard  such  vessel,  and  not  included  in 
the  manifest  exhibited  by  such  master,  shall  be  forfeited. 

E.  s.,  u-T.  Coasting-vessels,  going  from  Long  Island,  in  the  State 

of  New  York,  to  the  State  of  Rhode  Island,  or  from  the 
State  of  Rhode  Island  to  Long  Island,  shall  have  the  same 
privileges  as  are  allowed  to  vessels  under  the  like  circum- 
stances going  from  a  district  in  one  State  to  a  district  in 
the  same  or  an  adjoining  State. 

Registered  ves-     Whenever  anv  vessel  of  the  United  States,  registered 

gels  in  the  coast-  , .         ,      .        "   •  i  t  •  •         ,•  t    ^    •    j. 

ing  trade.  according  to  law,  IS  employed  m  gonig  trom  an}"  one  district 

a.  .->., /.sou  jj^  |.|^g  United  States  to  any  other  district,  such  vessel, 
and  the  master  thereof,  with  the  goods  she  may  have  on 
board  previous  to  her  departure  from  the  district  where 
she  may  be,  and  also  u})on  her  arrival  in  any  other  district, 
shall  be  subject,  except  as  to  the  payment  of  fees,  to  the 
same  regulations,  provisions,  penalties,  and  forfeitures, 
and  the  like  duties  are  imposed  on  like  officers,  as  are  pro- 
vided for  vessels  licensed  for  carrying  on  the  coasting- 
trade.  Nothing  herein  contained  shall  be  construed  to 
extend  to  registered  vessels  of  the  United  States  having  on 
board  merchandise  of  foreign  growth  or  manufacture, 
brought  into  the  United  States,  in  such  vessel,  from  a  for- 
eign port,  and  on  which  the  duties  have  not  been  paid 
according  to  law. 
Roport  by  mas-     The  Diastcr  of  cvei'y  vessel  employed  in  the  transporta- 

^^ K.  s.,  1,366.  tion  of  merchandise  from  district  to  district,  that  shall  put 
into  a  port  other  than  the  one  to  which  she  was  bound, 
shall,  within  twenty-four  hours  of  his  arrival,  if  there  be 
an  officer  residing  at  such  port,  and  she  continue  there  so 
long,  make  report  of  his  arrival  to  such  officer,  with  the 
name  of  the  place  hv  came  from,  and  to  which  he  is  bound, 
with  an  account  of  his  lading;  and  every  master  who  neg- 
lects or  refuses  so  to  do  shall  be  liable  to  a  penalty  of 
twenty  dollars. 


BTTREAU    OF   NAVIGATION  309 

No  niercliandiso  shall  ho  transpoi'tod    hy  wuter  ii"der,,.f'^'^j^^l*;J^Y';''|*,''j'i';; 
pcMiilty  of  forfeiture  thereof  from  one  port  of  the  United  i<>'iftiiiKtnuii-. 

States  to  anoth(>r  port  of  the  I'nited  States,  eitiier  direetly  /w^'l.t  Is.w. 

or  via  a  foreii-n  port,  or  for  any  ])art  of  the  vovaae,  in  any  y'',''','^'/;;?^^ 

other  vessel  tliau  a  vessel  or  the  I  niti'd  States.  Jiut  this  (so stat., isis.) 
section  shall  not  be  eonstrued  to  prohibit  the  sailing  of  any 
foreign  vessel  from  one  to  another  port  of  the  United  States: 
JVorlded,  That  no  merehandise  other  than  that  imported 
in  such  vessel  from  some  foreign  port  Avhieh  shall  not  have 
been  imladen  shall  ])e  carried  from  one  port  or  place  in 
the  United  States  to  another. 

No  foreign  vessel  shall  transport  passeno-ers  between  fi^UaCsu) 

ports  or  places  in  the  United  States,  either  directly  or  by  '^^'j;.  ^g^g 

^vay  of  a  foreign  port,  under  a  penalty  of  two  hundred  {so'stal, ui) 

dollars  for  each  passeno-er  so  transported  and  landed.  ''^'''^' 

Whenever  merchandise  is  imported  into  the  United  States  immLf^iate  ex- 

,  X'         •  T    i.  i.    J.-         X  i-         •  XI  portatioii  to  for- 

bv  sea  for  immediate  exportation  to  a  foreign  port  by  sea,  eign  port    (ap- 
or  by  a  river,  the  right  to  ascend  or  descend  which  for  the  porcupine.^'and 
purposes  of  commerce  is  secured  by  treaty  to  the  citizens '^ti^^^"«^^£i^.ers). 
of  the  United  States  and  the  subjects  of  a  foreign  power,    {so'stai, sis'.) 
the  Secretary  of  Commerce  and  Labor  is  herel)y  author-    '"^^■^' 
ized  to  prescribe  regulations  for  the  transshipment  and    ^^'stai^l^si 
transportation  of  such  merchandise. 

The  master  of  every  foreign  vessel  bound  from  a  district  ^jfo^^^^^^^esseis 
in  the  United  States  to  an}-  other  district  W' ithin  the  same,  ages. 
shall,  in  all  cases,  previous  to  her  departure  from  such  dis-    ^'  '^•''^^^^• 
trict,  deliver  to  the  collector  of   such  district  duplicate 
manifests  of  the  lading  on  board  such  vessel,  if  there  be 
any,  or,  if  there  be  none,  he  shall  declare  that  such  is  the 
case;  and  to  the  truth  of  such  manifest  or  declaration  he 
shall  swear,  and  also  obtain  a  permit  from  the  collector, 
authorizing  him  to  proceed  to  the  place  of  his  destination. 

The  master  of  every  foreign  vessel,  on  his  arrival  within  -R.  s.,  ises. 
any  district  from  an}'  other  district,  shall,  in  all  cases, 
within  forty  eight  hours  after  Ms  arrival,  and  previous  to 
the  unlading  of  any  goods  from  on  board  such  vessel, 
deliver  to  the  collector  of  the  district  where  he  may  have 
arrived,  a  manifest  of  the  goods  laden  on  board  such  ves- 
sel, if  any  there  be;  or  if  in  ballast  only,  he  shall  so 
declare;  he  shall  swear  to  the  truth  of  such  manifest  or 
declaration,  and  shall  also  swear  that  such  manifest  con- 
tains an  account  of  all  the  merchandise  which  was  on  board 
such  vessel  at  the  time,  or  has  been  since  her  departure 
from  the  place  from  whence  she  shall  be  reported  last  to 
have  sailed;  and  he  shall  also  deliver  to  such  collector  the 
permit  which  was  given  him  from  the  collector  of  the  dis- 
trict from  whence  he  sailed. 

Every  master  of  any  foreign  vessel  who  neglects  or  refuses  Ji-  ■'<•.  ^'Srq. 
to  comply  with  an}'  of  the  requirements  of  the  two  preced- 
ing sections,  shall  be  liable  to  a  penalty  of  one  hundred 
<lollars.  Nothing  therein  contained  shall,  however,  be  con- 
strued as  ati'ecting  the  payment  of  tonnage,  or  any  other 
requirements  to  which  such  vessels  are  suljject  by  law. 


310  BUEEAU    OF   NAVIGATION 

boatf '^°  tng-  j^w  ,steani  tug-boats  not  of  the  United  States  found  em- 
li.' s., /..170.  ployed  in  towing  documented  vessels  of  the  United  States 
plying  from  one  port  or  place  in  the  same  to  another,  shall 
be  liable  to  a  penalty  of  fifty  cents  per  ton  on  the  measure- 
ment of  every  such  vessel  so  towed  hy  them  respectively, 
which  sum  may  be  recovered  l)y  wa}^  of  libel  or  suit.  This 
section  shall  not  apply  to  any  case  where  the  towing,  in 
whole  or  in  part,  is  within  or  upon  foreign  waters.  Any 
foreign  railroad  company  or  corporation,  whose  road  en- 
ters the  United  States  by  means  of  a  ferry  or  tug-boat, 
may  own  such  boat,  and  it  shall  be  subject  to  no  other  or 
different  restrictions  or  regulations  in  such  employment 
than  if  owned  by  a  citizen  of  the  United  States. 
Penalties  for  Evcr}^  vesscl  of  twenty  tons  or  upward,  other  than  reg- 
eoastingS'aws. "  istercd  vesscls  fouud  trading  between  district  and  district, 
ii.s.,i,s7i.  QY  ])etween  different  places  in  the  same  district,  or  carr}^- 
ing  on  the  fishery  without  being  enrolled  and  licensed,  or 
if  less  than  twenty  tons  and  not  less  than  five  tons,  with- 
out a  license,  in  the  manner  provided  by  this  Title  [R.  S., 
4311-4390],  if  laden  with  merchandise  the  growth  or  manu- 
facture of  the  United  States  only,  distilled  spirits  excepted, 
or  in  ballast,  shall  pay  the  same  fees  and  tonnage  in  every 
port  of  the  United  States  at  which  she  may  arrive  as  ves- 
sels not  belonging  to  a  citizen  of  the  United  States;  and, 
if  she  have  on  board  any  articles  of  foreign  growth  or 
manufacture,  or  distilled  spirits,  other  than  sea-stores,  she 
shall,  together  with  her  tackle,  apparel,  and  furniture,  and 
the  lading  found  on  board,  be  forfeited. 
"('"% \^' s^)^'  ^v^iy  vessel  of  twenty  tons  or  upwards,  entitled  to  be 
See.'?""'  '  documented  as  a  vessel  of  the  United  States,  other  than 
registered  vessels,  found  trading  between  district  and  dis- 
trict, or  l)etween  different  places  in  the  same  district,  or 
carrying  on  the  ffshery, without  being  enrolled  and  licensed, 
and  every  vessel  of  less  than  twenty  tons  and  not  less  than 
ffve  tons  ])urden  found  trading  or  carrying  on  the  ffshery 
as  aforesaid  without  a  license  obtained  as  provided  by  this 
title  shall  1)e  liable  to  a  tine  of  thirty  dollars  at  every  port 
of  arrival  without  such  enrollment  or  license.  But  if  the 
license  shall  have  expired  while  the  vessel  was  at  sea,  and 
there  shall  have  been  no  opportunity  to  renew  such  license, 
then  said  tine  of  thirty  dollars  shall  not  be  incurred. 

And  so  much  of  section  four  thousand  three  hundred  and 
seventy-one  of  the  Revised  Statut(\s  as  relates  to  vessels 
entitled  to  be  docum(>nted  as  vessels  of  the  United  States 
is  hereby  repealed. 
R  Fi.,  !,S72.  jf  any  vessel  be  at  sea  at  the  expiration  of  the  time  for 

which  the  license  was  given,  and  the  master  of  such  vessel 
shall  swear  that  such  was  the  case,  and  shall  also,  within 
forty-eiglit  hours  after  his  arrival,  deliver  to  the  collector 
of  the  district  in  which  he  shall  first  arrive  the  license 
which  shall  have  expired,  the  forfeiture  prescribed  in  the 
preceding  section  shall  not  ])e  incurred,  nor  shall  the  ves- 
sel be  liable  to  pay  the  fees  and  tonnage  therein  required. 


BUREAU    OF    NAViaATION  311 

«  AA'hoiH'ver  any  liconsod  vessel  is  tr:insferr(>d,  in  Avhole  ^- •'''•.  w??. 
or  ill  part,  (o  any  person  who  is  not  at  tlie  time  of  such 
transfer  a  eiti/en  of  and  resident  witliin  the  United  States, 
or  is  employed  in  any  other  trade  tiian  that  for  whicii  she 
is  lieensed,  or  is  found  with  a  forg-ed  or  altered  lieense,  or 
one  granted  for  an}'  other  vessel,  sueh  vessel  with  her 
taekle,  apparel,  and  furniture,  antl  the  cargo,  found  on 
hoard  Ikm',  shall  he  forfeited.  But  vessids  which  nia\'  be 
lieensed  for  the;  mackerel-tishery  shall  not  incur  such  for- 
feiture hy  engauing  in  catching  cod  or  tish  of  any  other 
(h^scription  whatever. 

Any  merchandise  on  board  any  vessel  which  belongs,  in    Forfeiture    of 
good  faith,  to  any  person  other  than  the  master,  owner,  or  ehandise"^  ""^"^ 
mariners  of  such  vessel,  and  upon  which  the  duties  have    R-^;i>s78. 
l)een  paid,  or  secured  according*  to  law,  shall  be  exempted 
from  any  forfeiture  under  this  Title  [K.  S.,  4311-1:300]. 

J n  every  case  where  a  forfeiture  of  an}' vessel  or  mer-  k.  s., /.firo. 
chandise  shall  accrue,  it  shall  l)e  the  duty  of  the  collector 
or  other  proper  officer,  who  shall  give  notice  of  the  seizure 
of  such  vessel  or  of  such  merchandise,  to  insert  in  the  same 
advertisement  tiie  name  and  the  place  of  residence  of  the 
person  to  whom  any  such  vessel  and  merchandise  belonged 
or  were  consigned,  at  the  time  of  such  seizure,  if  the  same 
be  known  to  him. 

All  penalties  and  forfeitures  which  shall  be  incurred  by  -ff.  s.,  i,3so. 
virtue  of  this  Title  [R.  S., 1311-1390]  may  be  sued  for,  prose- 
cuted, and  recovered  as  penalties  and  forfeitures  incurred 
I  y  virtue  of  the  laws  relating  to  the  collection  of  duties, 
and  shall  be  appropriated  in  like  manner;  except  when 
otherwise  expressly  prescribed. 


TRANSIT   OF   TTIE    ISTHMUS    OF   PANAMA 

For  the  purpose  of  ])etter  guarding  against  frauds  upon    ^-  ■''•.  ^^ss. 
the  revenue  on  foreig-n  merchandise  transported  between 
the  ports  of  the  Atlantic  and  those  of  the  Pacific  overland 
through  any  foreign  territory,  the  Secretary  of  the  Treas- 
ury may  appoint  special  sworn  agents  as  inspectors  of  the 
customs,  to  reside  in  such  foreign  territory  where  such 
nuM'chandise  maybe  lanch'd  or  end)arked,  with  power  to    Feb.  lu,  i9os. 
su|)erintend  tlu^  landing  or  siiipping  of  all  merchandise,    sll.^m'" ^''''^ 
passing  coastwise  between  the  ports  of  the  United  States 
on  the  J'acitic  and  tiie  Atlantic.     It  shall  be  their  duty, 
under  such  regulations  and  instructions  as  the  Secretary 
of  tiie  Treasuiy  luay  prescril)^,  to  guard  against  the  per- 
petration of  frauds  upon  the  revenue.     The  compensation 
paid  to  such  inspectors  shall  not  in  the  aggregate  exceed 
five  thousand  dollars  per  annum. 


312  BUREAU    OF    NAVIGATION. 


WRECKS 

wreck's.'* "^^  "^  Whenever  any  ves.sel  of  the  United  States  has  sustained 
juneh.  1S7I..  or  caused  anv  accident  involvinof  the  loss  of  life,  the  mate- 
tiec.  10.  rial  loss  or  propert}^,  or  any  serious  injury  to  any  person, 

or  has  received  any  material  damage  affecting-  her  seawor- 
thiness or  her  efficiency,  the  managing  owner,  agent,  or 
master  of  such  vessel  shall  within  five  da^'s  after  the  hap- 
pening of  such  accident  or  damage,  or  as  soon  thereafter 
as  possible,  send,  by  letter  to  the  collector  of  customs  of 
the  district  wherein  such  vessel  belongs  or  of  that  within 
which  such  accident  or  daiuiige  occurred,  a  report  thereof, 
signed  by  such  owner,  agent,  or  master,  stating  the  name 
and  official  number  (if  any)  of  the  vessel,  the  port  to  which 
she  belongs,  the  place  where  she  was,  the  nature  and  prol)- 
able  occasion  of  the  casualty,  the  number  and  names  of 
those  lost,  and  the  estimated  amount  of  loss  or  damage  to 
the  vessel  or  cargo;  and  shall  furnish,  upon  the  request  of 
either  of  such  collectors  of  customs,  such  other  informa- 
tion concerning  the  vessel,  her  cargo,  and  the  casualty  as 
may  be  called  for;  and  if  he  neglect  or  refuse  to  comply 
with  the  foregoing  requirements  after  a  reasonable  time, 
he  shall  incur  a  penalty  of  one  hundred  dollars. 
Notification  of     Whenever  the  managing  owner  or  agent  of  anv  vessel  of 

wreck  by  owner.    ,       it    •,      i   q,     ,        ,  »      f'  •         .  ''.  i  -^ 

Sec.  lu  tne  L  nited  btates  has  reason,  owing  to  the  non-appearance 

of  such  vessel,  or  to  any  other  circumstance,  to  apprehend 
that  such  vessel  has  been  lost,  he  shall,  as  soon  as  conven- 
iently may  be,  send  notice,  in  writing,  to  the  collector  of 
customs  of  the  port  to  which  said  vessel  belonged,  of  such 
loss,  and  the  prol)a])le  occasion  thereof  stating  the  name 
and  the  official  numl)er  (if  any)  of  the  vessel,  and  the  names 
of  all  persons  on  board,  so  far  as  the  same  can  be  ascer- 
tained, and  shall  furnish,  upon  request  of  the  collector  of 
such  port,  such  additional  information  as  he  may  be  able; 
and  if  he  neglect  to  comply  with  the  a])Ove  requirements 
within  a  reasonable  time,  he  shall  incur  a  penalty  of  one 
hundred  dollars. 
*«^-  '-•  It  shall  l)e  the  duty  of  the  collectors  of  customs  to  imme- 

diately transmit  to  the  Secretaiy  of  the  Treasury  such 
reports  and  information  as  the}'  ma}"  receive  luider  the  pro- 
visions of  the  two  preceding  sections,  and  they  shall  also 
report  to  the  Secretary  of  the  Treasury  any  neglect  or  re- 
fusal on  the  part  of  the  managing  owner,  agent,  or  master 
of  any  vessel  of  the  United  States  to  comply  with  the 
requirements  thereof. 
Sec.  IS.  The  SecretaiT  of  Commerce  and  Labor  may,  upon  appli- 

ed wa^.,  GS9.)  cation  therefor,  remit  or  mitigate  any  penalty  provided  for 
^Feb  Vi  1903  ^^  ^^^^  Acx.,  or  discontinue  any  prosecution  to  recover  the 
i^2siat.,8i!'j.)  same,  upon  such  terms  as  he,  in  his  discretion,  shall  think 
proper,  and  shall  have  authority  to  ascertain  the  facts  upon 
all  such  applications  in  such  manner  and  under  such  regula- 
tions as  he  may  think  proper.  All  penalties  herein  pro- 
vided may  be  sued  for,  prosecuted,  recovered,  and  disposed 


BUREAU    OK    NAVIGATION  813 

of  in  tlu'inaiiiKM-pivscrihiMl  hy  section  l'orty-tlii(>(Oiun(lro(l 
and  live  of  the  K('\  ised  Statutes. 

Canadian  vossols  and  wivi-kinu-  ai)piirtt'nancc  may   •''"- „rl.,.ks'"'' ' "  " 
dvv  aid  and  assistance  to  Canadian  or  other  vessels  and    Muj/i'j,.  /.s.w. 
proi^M'ty  wrecked,  disabled,  or  in  distress  in  the  Avaters  of    ^~''  ''^"''"  '~"'^ 
the  I'nited  States  eontio-uous  to  the  Dominion  of  Canada: 
/*rnr/'(/,(/.  That  this  act  sliall  not  take  etfcct  until  ])rocla- 
niation    by  the  TresitliMit  of  the    United  States   that  the 
j)ri\ilei»"e  of  aidinu"  American  or  other  vessels  and  property 
A\  recked,  disal>led.  or  in  distress  in  Canadian  waters  con- 
ti^iuous  to  the  United  States  has  ])een  extended   by  the 
Government  of  the  Dominion  of  Canada  to  American  ves- 
sels and  wrecking-  appliances  of  all  descriptions.     This  act    -Vm-. ,?,  is9j}. 
shall  1)0  construed  to  apply  to  the  canal  and  improvement    ^~'  '''''"'•' ''"'''•^•) 
of  the  waters  between  Lake  P^rie  and  Lake  Huron,  and  to 
the  waters  of  the  Saint  Mary's  Kiver  and  canal:  And  jn'o- 
I'tihil  fviih('i\  That  this  act  shall  cease  to  be  in  force  from 
and  after  the  date  of  the  proclamation  of  the  President  of 
the  United  States  to  the  etiect  that  said  reciprocal  privilege 
has  l)een  withdrawn,  revoked,  or  rendered  inoperative  by 
the  said  ( Jovernment  of  the  Dominion  of  Canada. 

Consuls  and  vice-consuls,  in  cases  where  vessels  of  the  wrecks  in  for- 
United  States  are  stranded  on  the  coasts  of  their  consu- '^'^",s!,M5s. 
lates  respectively,  shall,  as  far  as  the  laws  of  the  countiy 
will  permit,  take  proper  measures,  as  well  for  the  purpose 
of  saving  the  vessels,  their  cargoes  and  appurtenances,  as 
for  storing  and  securing  the  effects  and  merchandise  saved, 
and  for  taking  inventories  thereof;  and  the  merchandise 
and  eti'ects  saved,  with  the  inventories  thereof  so  taken, 
shall,  after  deducting  therefrom  the  expenses,  be  delivered 
to  the  owners.  No  consul  or  vice-consul  shall  have  author- 
itv  to  take  possession  of  any  such  merchandise,  or  other 
property,  when  the  master,  owner,  or  consignee  thereof  is 
present  or  capable  of  taking  possession  of  the  same. 

All  proj^ertv,  of  anv  description  whatsoever,  which  shall    wrecks    in 

,        .     1  '        A  '  ■       1       1'  J.1  n  i!  il       Florida  waters. 

be  taken  from  any  wreck,  from  the  sea,  or  from  any  or  the    j,..  ,s.,  ,/,^uc,. 
keys  and  shoals,  within  the  jurisdiction  of  the  L^nited  States, 
on  the  coast  of  Florida,  shall  be  brought  to  some  port  of 
entry  within  the  jurisdiction  of  the  United  States. 

P^very  vessel  which  shall  be  engaged  or  employed  in  n.s.jduo. 
carrying  or  transporting  any  property  whatsoever,  taken 
from  any  wreck,  from  the  sea,  or  from  any  of  the  keys  or 
shoals,  within  the  jurisdiction  of  the  United  States,  on  the 
coast  of  Florida,  to  any  fonMgn  port,  sliall,  together  with 
her  tackle,  apparel,  and  furniture,  be  forf(Mted.  and  all  for- 
feitures incurred  by  virtue  of  this  section  shall  accrue,  one 
moiety  to  the  infoi'mer  and  the  otliei'  to  the  I'nited  States. 

No  vessel,  or  master  thereof,  shall  l)e  regularly  employed  ^-  •"•'•.  '''-«• 
in  the  business  of  wrecking  on  the  coast  of  Florida  without 
th(>  license  of  the  judge  of  the  district  court  for  the  district 
of  Florida;  and,  ])eforc  licensing  any  vessel  or  master,  the 
judge  shall  l)e  satisfied  that  tne  vessel  is  sea- worthy,  and 
proi)erly  and  suthciently  titt<'d  and  (Miuijiped  for  the  ))usi- 
ness  of  saving  property  shipwrecked  and  in  distress;  and 


314  BUKEAU    OF    NAVIGATION 

that  the  master  thereof  is  trustworth}',  and  innocent  of  an y 
fraud  or  misconduct  in  relation  to  any  proi)erty  shipwrecked 
or  sav^ed  on  the  coast. 

KEMISSION    OF   FINES   AND   PENALTIES 

Remission    of     Whenever  any  person  who  shall  have  incurred  any  line, 

fines  and  penal-  ,  e       i    -i.  Ti'i-i.  i-i.i.j 

ties.  penalty,  or  lorteiture,  or  disability,  or  ma}'  l)e  interested 

R.s.,5->y.>.  jj^  ^j^j^^^  vessel  or  merchandise  which  lias  ))ecome  subject  to 
any  seizure,  forfeiture,  or  disability  ])y  authority  of  any 
provisions  of  hiw  for  imposing-  or  collecting-  any  duties  or 
taxes,  or  relating  to  registering,  recording,  enrolling,  or 
licensing  vessels,  and  for  regidating  the  same,  or  provid- 
ing for  the  suppression  of  insurrections  or  unlawful  com- 
binations against  the  United  States,  shall  prefer  his  petition 
to  the  judge  of  the  district  in  which  such  tine,  penalty,  or 
forfeiture,  or  disa])ility  has  accrued,  truly  and  particularly 
setting  forth  the  circumstances  of  his  case,  and  shall  pray 
that  the  same  may  ))c  mitigated  or  remitted,  the  judge 
shall  inquire,  in  a  summaiy  manner,  into  the  circum- 
stances of  the  case;  first  causing  reasonable  notice  to  be 
given  to  the  person  claiming  such  tine,  penalt}',  or  forfei- 
ture, and  to  the  attorney  of  the  United  States  for  such 
district,  that  each  may  have  an  opportunity  of  showing 
cause  against  the  mitigation  or  remission  thereof;  and 
shall  cause  the  facts  api)earing  upon  such  inquiry  to  be 
stated  and  annexed  to  the  petition,  and  direct  their  trans- 
f''!^-JiY^^i',)  ttiiS''^ion  to  the  Secretary  of  the  Treasury  [Secretary  of 
Sec.  10."  "' '  Commerce  and  Lal)or  in  some  cases].  The  Secretary  shall 
thereupon  have  power  to  mitigate  or  remit  such  tine,  for- 
feiture, or  penalt}^  or  remove  such  disability,  or  any  part 
thereof,  if,  in  his  opinion,  the  same  was  incurred  without 
willful  negligence,  or  any  intention  of  fraud  in  the  person 
incurring  the  same;  and  to  direct  the  prosecution,  if  any 
has  been  instituted  for  the  recovery  thereof,  to  cease  and 
be  discontinued,  ui)on  such  terms  or  conditions  as  he  ma}" 
deem  reasona])le  and  just. 
Regulations  to  The  Secretary  of  the  Treasury  [Secretary  of  ComiiKU'ce 
^'j?!T,''fi293!^'  and  Lal)or  in  some  cases]  is  authorized  to  prescribe  such 
m'sfa't^^w)  ^'^^^^^  'int^  modes  of  proceeding  to  ascertain  the  facts  upon 
Sec!  10  "  ~"  which  an  application  for  remission  of  a  fine,  penalty,  or 
forfeiture  is  founded,  as  he  deems  proper,  and,  upon  ascer- 
taining them,  to  remit  the  tine,  penalty,  or  forfeiture,  if 
in  his  opinion  it  was  incurred  without  willful  negligence 
or  fraud,  in  either  of  the  following  cases: 

First.  If  the  tine,  penalty,  or  forfeiture  was  imposed 
under  authority  of  any  revenue  law,  and  the  amount  does 
not  exceed  one  thousand  dollars. 

Second.  Where  the  case  occurred  within  either  of  the 

collection  districts  in  the  States  of  California  or  Oregon. 

Third.  If  the  tine,  penalt\%  or  forfeiture  was  impo.sed 

under  authority  of  any  provisions  of  law  relatii.g  to  the 

importation  of  merchandise  from  foreign  contiguous  ter- 


BUREAU    OF   NAVIGATIO-N' 


815 


ritoiT,  or  rohiting"  to  luiiiiifosts  for  vessels  enrolled  or 
licensed  to  curry  on  the  eotistinn-trudc  on  the  northern, 
northeastern,  and  nortlnvest(>rn  frontiers. 

"  Fifth.  1  f  tlu^  tine,  i)enaltv,  or  forfeiture  was  imposed  by 
authority  of  any  provisions  of  laws  for  levyin*;"  or  eollect- 
in«i"any  duties  or  taxes,  or  relating' to rej»-isterino-,  reeordino-, 
enroUiuii,  or  licensini;"  vessels,  and  the  case  Jirose  within  the 
collection-district  of  Alaska,  or  was  inijiosed  l>v  \iitue  of 
anv  provisions  of  hn\  relating- to  fur-seals  upon  the  islands 
of  Saint  Paul  and  Saint  (leorgv. 

The  Secretary  of  Conuiierce  and  Labor  may,  upon  appli- 
cation therefor,  remit  or  mitio-ate  any  tine,  penalty,  or 
forfeiture  provided  for  in  laws  relating-  to  vessels  or  dis- 
continue any  prosecution  to  recover  penalties  or  relating 
to  forfeit ui'es  denounced  in  such  laws,  excepting  the  pen- 
alty of  iin])iisonnicnt  or  of  removal  from  office,  upon  such 
terms  as  he,  in  his  discretion,  shall  think  proper;  and  all 
rights  granted  to  informers  by  siu*h  laws  shall  be  held 
subject  to  the  Secretary's  powers  of  remission,  excei)t  in 
cases  Avhere  the  claims  of  any  informer  to  the  share  of  any 
penalty'  shall  have  been  determined  by  a  court  of  compe- 
tent jurisdiction  prior  to  the  application  for  the  remission 
of  the  penalty  or  forfeiture;  and  the  Secretary  shall  have 
authority  to  asceilain  the  facts  upon  all  such  applications 
in  such  manner  and  under  such  regulations  as  he  may 
deem  proper. 

Any  officer  or  other  person  entitled  to  or  interested  in 
a  ])art  or  share  of  any  tine,  penalty,  or  forfeiture  incurred 
under  any  law  of  the  United  States,  may  ))e  examined  as 
a  ^vitness  in  anv  of  the  proceedings  for  the  recovery  of 
such  tine,  penalty,  or  forfeiture  by  either  of  the  parties 
thereto,  and  such  examination  shall  not  deprive  such 
witness  of  his  share  or  interest  in  such  tine,  penalty,  or 
forfeiture. 

AVhenever  an}'  tine,  penalty,  forfeiture,  exaction,  or 
charge  arising  Tmder  the  laws  relating-  to  vessels  or  seamen 
has  ])een  paid  to  any  collector  of  customs  or  consular  offi- 
cer, and  application  has  been  made  within  one  year  from 
such  payment  for  the  refunding  or  remission  of  the  same, 
the  Secretary  of  Commerce  and  I^abor  if  on  investigation 
he  finds  that  such  tine,  penalty,  forfeiture,  exaction,  or 
charge  was  illegally,  improperh',  or  excessively  imposed, 
shall  have  the  power,  either  before  or  after  the  same  has 
been  coveri^d  into  the  Treasury,  to  refund  so  much  of  such 
fine,  penalty,  forfeiture,  exaction  or  charge  as  he  may 
thiidv  proper,  from  any  moneys  in  the  Treasury  not  other- 
wise ap})ropriated. 

The  fines  imposed  bv  sections  five  [p.  169],  six  [p.  161], 
seven  [p.  810],  and  eight  [p.  309]  of  this  act  shall  be  sub- 
ject to  remission  or  mitigation  by  the  Secretary  of  the 
Treasury  (Conunei-ce  and  La))Oi')  when  the  offense  was  not 
wilfully  committed,  under  such  regulations  and  methods 
of  ascertaining-  the  facts  as  may  seem  to  him  advisable. 


Procedure. 
A'.  S.,  r>Jy/,. 
Dec.  ir>,  1S9/,. 
msuu.,  syr,.) 
Mar.  2,  ISim. 
(Z9  Stat.,  Si).) 
Feb.  1!,,  W():i. 
(S2  Stat.,  S^'H.) 
See.  10. 


R.  S.,  5295. 


June  26, 1S8/.. 
(23  Stat.,  59.) 
Sec.  26. 


June  19,  1SS6. 
{2/,  Stat.,  SI.) 
Sec.  9. 


"See  Sec.  175,  next  page. 


31C  BUEEAU    OF    NAVIGATION 

TRADE    WITH    ALA8KA 

fsostt^^ilho.)  '^^^  collector  und  deputy  coUcetors  appointed  for  Alaska 
sec.nu.'  Territory,  and  any  person  authorized  in  writing  ))y  either 
of  them,  or  b}-  the  Secretary  of  the  Treasury,  shall  have 
power  to  arrest  persons  and  seize  vessels  and  merchandise 
liable  to  lines,  penalties,  or  forfeitures  under  this  and  the 
other  laws  extended  over  the  Territor}^  and  to  keep  and 
deliver  the  same  to  the  marshal.  [Sec.  10  of  the  Act  of 
Feb.  14,  1903,  bestows  this  power  in  certain  cases  on  the 
Secretary  of  Commerce  and  La])or.] 
^^°s.?m5l.'  ^^  ^^1  cases  of  tine,  penalty,  or  forfeiture,  embraced  in 

Mar.' s,  1899.     the  act  approved  March   three,  seventeen   hundred  and 
Sec' 175'.'  "      ninet3'-seven,  chapter  thirteen  [R.  S.,  5292],  or  mentioned 
in  any  act  in  addition  to  or  amendatory  of  such  act,  that 
have  occurred  or  may  occur  in  the  collection  district  of 
Alaska,  the  Secretar}-  of  the  Treasury  is  authorized,  if  in 
his  opinion  the  tine,  penalty,  or  forfeiture  was  incurred 
without  wilful  negligence  or  intention  of  fraud,  to  ascer- 
tain the  facts  in  such  manner  and  under  such  regulations 
as  he  may  deem  proper  without  regard  to  the  provisions 
of  the  act  a])ove  I'eferred  to,  and  upon  the  facts  so  to  be 
ascertained,  he  may  exercise  all  the  power  of  remission 
conferred  upon  him  by  that  act,  as  fully  as  he  might  have 
done  had  such  facts  been  ascertained  under  and  according 
to  the  provisions  of  that  act.     [Sec.  1<),  act  of  Feb.  14, 
1903,  authorizes  the  Secretary  of  Commerce  and  Labor  to 
remit  in  certain  cases  above.] 
Aiaska^^^^    *"      Hereafter  the  Secretary  of  Commerce  and  Labor  be  au- 
june'ii,  1896.    thorized  to  charge  and  tix  the  rates  of  dockage  and  wharf- 
Feb''.'u,'im.     iige  to  be  paid  l)y  an}"  private  vessel  or  person  allowed  to 
I'iec'lo'"  ^"^'^   use  said  wharf,  the  said  receipts  to  l)e  deposited  with  the 
Treasurer  of  the  United  States  as  a  miscellaneous  receipt 
derived  from  Government  property;  and  the  Secretary  of 
Commerce  and  Labor  shall  direct,  by  regulation  or  other- 
wise, by  whom  said  wharfage  and  dockage  receipts  shall 
be  collected, 

ANCHORAGE    GROUNDS 

NewYorkBay,      ^ho  Secretary  of  Commerce  and  Labor  is  authorized, 

3iay  lb,  1SS8.  .  in-  1  1.  1  iTi  1 

(25  Stat,  151.)  empowered,  and  directed  to  dehne  and  estabhsh  an  anehor- 
fn^' Stat, ^829.)  i^ge  ground  for  vessels  in  the  bay  and  harbor  of  New  York, 
Sec.  10.  and  in  the  Hudson  and  East  Rivers,  to  adopt  suital)le  rules 

and  regulations  in  relation  thereto,  and  to  take  all  neces- 
sary measures  for  the  proper  enforcement  of  such  rules 
and  regulations. 
Mar.  3, 1899.         The  Act  of  May  sixteenth,  eighteen  hundred  and  eighty- 

[30  Stat,  1081.)     .     ,   ,  ,    ,.  ,    '  i  ^     jp  1      •      i.u  i-      i;    M 

eight,  relating  to  anchorage  of  vessels  in  the  port  ot  JNew 
York,  is  hereb}"  extended  to  include  the  waters  of  Kill  von 
Kull,  Newark  Bay,  Arthur  Kill,  and  Raritan  Bay, 
f^^stai  ^ffi)  ^^^  ^^®  event  of  the  violation  of  any  such  rules  or  regu- 
sec.'^.  "  '  lations  b}^  the  owner,  master,  or  person  in  charge  of  any 
vessel,  such  owner,  master,  or  person  in  charge  of  such 
vessel  shall  be  liable  to  a  penalty  of  one  hundred  dollars, 
and  the  said  vessel  may  be  hoklen  for  the  payment  of  such 
penalty,  and  may  be  seized  and  proceeded  against  sum- 


BUREAU    OF    NAV [(NATION  317 

iiiai"il\  l)v  libel  for  tlie  iHH'OVorv  of  the  same  in  any  United 
States  district  eoui't  for  the  district  within  which  such  ves-    f f^,svf,/''s'''^, ) 
sol  may  he,  and  in  thcMianie  of  the  oilicer  desio-nated   by    sn-.w." 
the  Secretary  of  Commerce  and  Laljor. 

The  Secretary  of  Commerce  and  I^al)or  is  authorized  and  bJr''''^^"*''"    ""'^' 
directed  to  (h'tine  and  establish  aiichorao-e  o'rounds  for  ves-    J^<''>- ",  isos. 
sols  in  the  harbors  of  Chicat;'o,  and  waters  of  Lak(^Michio-an    r,h.  n.^m^i'' 
adjacent  thereto,  to  adopt  suitable  rules  and  rc'Liuhitions  in    sd'^io"^"''''^ 
relation  to  the  same,  and  also  to  ado))t  suital)Ie  n.ies  and 
rej^ulations  o-overniny  the  us(>  of  marked  inshore  channels 
in  Lake  ^iichio-an  in  front  of  the  city  of  Chicago,  and  to 
take  all  necessary  measures  for  the  i)roper  enforcement 
of  such  rules  and  regulations. 

In  the  event  of  the  violation  of  anv  such  rules  or  re<!fu-    '''''• "'-  '*'■'• 

...  I        ,1  ,  •  .         1  ,.    ^  (-V  Stat.,  !,Sl.) 

lations  by  the  owner,  master,  or  person  m  charge  of  any  >vc.  z. 
vessel,  such  owner,  master,  or  person  in  charge  of  such 
vessel  shall  be  liable  to  a  penalty  of  one  hundred  dollars, 
and  the  said  vessel  may  be  holden  for  the  payment  of  such 
l)enalty,  and  may  be  seized  and  i)roceoded  against  sum- 
marily by  lilxd  for  the  recovery  of  the  same  in  any  United 
States  district  court  for  the  district  within  which  such 
vessel  may  be,  and  in  the  name  of  the  officer  designated 
by  the  Secretary  of  Commerce  and  Labor. 

The  Secretary  of  Commerce  and  La})or  is  authorized,  ^  Kennebec Riv- 
empowered,  and  directed  to  define  and  esta))lish  an  anchor-    Junrfi,  irm. 
age  ground  for  vessels  in  Kennebec  River  at  or  near  Bath,     pli'^jf/iuai'.'^ 
Maine,  to  adopt  suitable  rules  and  regulations  in  relation    l,:^^'^^'''*-^) 
thereto,  and  to  take  all  necessar}'  measures  for  the  proper 
enforcement  of  such  rules  and  regulations. 

Li  the  event  of  the  violation  of  any  such  rules  or  reou-    Jmunjuoo. 

1     ,•  1         ,1  ,  "^  •  1  J.     "  (31  .Slat.,  6S2.) 

lations  b}"  the  owner,  master,  or  person  in  charge  or  any    see.  2. 
vessel,  such  owner,  master,  or  person  in  charge  of  such 
vessel  shall  ])c  liable  to  a  penalt}'  of  one  hundred  dollars; 
and  the  said  vessel  may  be  holden'  for  the  payment  of  such 
penalty,  and  ma}"  be   seized  and  pro<;eeded  against  sum- 
marily by  libel  for  the  recovery  of  the  same  in  any  United 
States  district  court  for  the  district  within  which  said  ves-    J-^eb.  1/,.  iuo.h. 
sel  may  be,  and  in  the  name  of  the  officer  designated  b}'^    sec^io.'' '^~^'^ 
the  Secretary'  of  Commerce  and  I^abor. 

QUARANTINE 

Whenever,  by  the  health-laws  of  any  State,  or  by  the  k.s.,u7'js. 
regulations  made  pursuant  thereto,  any  vessel  arriving 
within  a  collection-district  of  such  State  is  prohibited  from 
coining  to  the  port  of  entry  or  delivery  by  law  established 
fur  such  district,  and  such  health-laws  require  or  permit 
the  cargo  of  the  vessel  to  ])e  unladen  at  some  other  place 
M'ithin  or  near  to  such  district,  the  collector,  after  due 
report  to  him  of  the  whole  of  such  cargo,  may  grant  his 
warrant  or  permit  for  the  unlading  and  discharge  ther(^of, 
under  the  care  of  tlic  surveyor,  or  of  one  or  more  inspect- 
ors, at  some  other  place  where  such  health-laws  permit, 
and  upon  the  conditions  and  restrictions  which  shall  be 
directed  by  the  Secretary  of  the  Treasury,  or  which  such 


318  BUREAU    OF    NAVIGATION 

collector  iiiaj",  for  the  time,  deem  expedient  for  the  .security 
of  the  pul)lic  revenue. 

n.  ,s'.,  i,79u.  There  shall  be  purchased  or  erected,  under  the  orders  of 

the  President,  suitable  warehouses,  with  wharves  and  inclo- 
sures,  where  merchandise  ma}"  be  unladen  and  deposited, 
from  any  vessel  which  shall  be  subject  to  a  quarantine,  or 
other  restraint,  pursuant  to  the  health-laws  of  any  State, 
at  such  convenient  places  therein  as  the  safety  of  the  pub- 
lic revenue  and  the  observance  of  such  health-laws  may 
require. 

M.  s.,  i.795.  Whenever  the  cargo  of  a  vessel  is  unladen  at  some  other 

place  than  the  port  of  entr}"  or  delivery  under  the  fore- 
going- provisions,  all  the  articles  of  such  cargo  shall  be 
deposited,  at  the  risk  of  the  parties  concerned  therein,  in 
such  public  or  other  warehouses  or  inclosurcs  as  the  col- 
lector shall  designate,  there  to  remain  under  the  joint  cus- 
tody of  such  collector  and  of  the  owner,  or  master,  or  other 
person  having  charge  of  such  vessel,  until  the  same  are 
entirely  unladen  or  discharged,  and  until  the  articles  so 
deposited  may  be  safely  removed  without  contravening 
such  health-laws.  And  when  such  removal  is  allowed,  the 
collector  having  charge  of  such  articles  ma}^  grant  permits 
to  the  respective  owners  or  consignees,  their  factors  or 
agents,  to  receive  all  merchandise  which  has  been  entered, 
and  the  duties  accruing  upon  which  have  been  paid,  upon 
the  payment  by  them  of  a  reasonable  rate  of  storage; 
which  shall  be  iixed  by  the  Secretar^'^  of  the  Treasury  for 
all  public  warehouses  and  inclosures. 

B.  s.,  i796.  'X'he  Secretary  of  the  Treasury  is  authorized,  wdienever  a 

conformity  to  such  quarantines  and  health-laws  requires  it, 
and  in  respect  to  vessels  subject  thereto,  to  prolong  the 
terms  limited  for  the  entry  of  the  same,  and  the  report  or 
entry  of  their  cargoes,  and  to  vary  or  dispense  with  any 
other  regulations  applicable  to  such  reports  or  entries.  No 
part  of  the  cargo  of  any  vessel  shall,  however,  in  any  case, 
be  taken  out  or  unladen  therefrom,  otherwise  than  is 
allowed  by  law,  or  according  to  the  regulations  hereinafter 
established. 

E.  s..  U797.  Whenever,  b}^  the  prevalence  of  any  contagious  or  epi- 

demic disease  in  or  near  the  place  bylaw  established  as  the 
port  of  entry  for  any  collection-district,  it  becomes  danger- 
ous or  inconvenient  for  the  officers  of  the  revenue  emplo^-ed 
therein  to  continue  the  discharge  of  their  respective  offices  at 
such  port,  the  Secretary  of  the  Treasury,  or,  inhisal)sence, 
the  Comptroller,  may  direct  the  removal  of  the  officers  of 
the  revenue  from  such  port  to  any  other  more  convenient 
place,  within,  or  as  near  as  may  be  to,  such  collection-dis- 
trict. And  at  such  place  such  officers  ma}^  exercise  the 
same  powers,  and  shall  be  lialjle  to  the  same  duties,  accord- 
ing to  existing  circumstances,  as  in  the  port  or  disti'ict 
established  by  law.  Public  notice  of  any  such  removal 
shall  be  given  as  soon  as  may  be. 


BUREAU    OF   NAVIGATION  319 

LIAHIMTV   OF  OFFICEUS    FOR   FAILURE    TO  PERFORM    DUTIES 

If  any  roiisul  or  commercial  agent  neglects  or  omits  to  i^- ■'^■<  i'Se. 
ptM'form.  s(>as()iial)ly.  tlie  duties  imposed  upon  him  l)v  the; 
laws  regulating' the  shipment  and  discharge  of  seamen,  and 
the  reclamation  of  desei'ters  on  hoai'd  or  from  vessels  in 
foreign  jjorts,  or  is  guilty  of  any  malversation  or  a])use  of 
])o\ver,  he  shall  l)e  lial)le  to  any  injured  person  for  all 
damag(»  occasioned  thereby;  and  for  all  malversation  and 
corrupt  conduct  in  office,  he  shall  be  punisha])le  by  impris- 
oiunent  for  not  more  than  five  years  and  not  less  than  one, 
and  by  a  tine  of  not  more  than  ten  thousand  dollars  and  not 
less  than  one  thousand. 

Every  otHccr  who  neglects  or  refuses  to  make  any  return  ^-  •'''•'  ^'S". 
or  report  which  he  is  required  to  make  at  stated  times  by 
any  act  of  Congress  or  regulation  of  the  Department  of 
the  Trt^asury  (Coumierce  and  Labor),  other  than  his 
accounts,  within  the  time  prescril)ed  by  such  act  or  regu- 
lation, shall  l)e  fined  not  more  than  one  thousand  dollars 
and  not  less  than  one  hundred. 

ARMAMENT 

Every  person  who,  within  the  limits  of  the  United  States,  .  -K.  s.,  szss. 
tits  out  and  arms,  or  attempts  to  fit  out  and-  arm,  or  pro- 
cures to  l)e  fitted  out  and  armed,  or  knowingly  is  concerned 
in  the  furnishing,  fitting  out,  or  arming,  of  any  vessel,  with 
intent  that  such  vessel  shall  be  employed  in  the  service  of 
any  foreign  prince  or  state,  or  of  any  colon}^  district,  or 
people,  to  cruise  or  commit  hostilities  against  the  subjects, 
citizens,  or  property  of  any  foreign  prince  or  state,  or  of 
an}-  colony,  district,  or  people,  with  whom  the  United  States 
are  at  peace,  or  who  issues  or  delivers  a  commission  within 
the  territor}'  or  jurisdiction  of  tjie  United  States,  for  any 
vessel,  to  the  intent  that  she  ma}^  be  so  employed,  shall  be 
deemed  guilty  of  a  high  misdemeanor,  and  shall  be  fined 
not  more  than  ten  thousand  dollars,  and  imprisoned  not 
more  than  three  years.  And  ever}^  such  vessel,  with  her 
tackle,  apparel,  and  furniture,  together  with  all  materials, 
arms,  amnumition.  and  stores,  which  may  have  been  pro- 
cured for  the  building  and  equipment  thereof,  shall  be 
forfeited:  one-half  to  the  use  of  the  informer,  and  the  other 
half  to  the  use  of  the  United  States. 

The  owners  or  consignees  of  every  armed  vessel  sailing  ^.^^^^^Jf^^*""'^'"™'^'^ 
out  of  th(>  ports  of  the  United  States,  belonging  wholly  or  k.is.,528<j. 
in  part  to  citizens  thereof,  shall,  before  clearing  out  the 
same,  give  bond  to  the  United  States,  with  sufficient  sure- 
ties, in  double  the  amount  of  the  value  of  the  vessel  and 
cargo  on  board,  including  her  armament,  conditioned  that 
the  vessel  shall  not  be  employed  by  such  owners  to  cruise 
or  connnit  hostilities  against  the  subjiH-ts,  citizens,  or  prop- 
erty of  any  foreign  prince  or  state,  or  of  any  colony,  dis- 
trict, or  people,  with  whom  the  United  States  are  at  peace. 


320 


BUREAU    OF   NAVIGATION 


wI'dikTve^eis!^  '^*^c  several  collectors  of  the  customs  shall  detain  any 
ii.s.,52'jo.  vessel  manifestly  built  for  warlike  pur})oses,  and  about  to 
depart  the  Tnited  States,  the  cargo  of  which  principally 
consists  of  arms  and  nuuiitions  of  war,  when  the  numl)er 
of  men  shipped  on  board,  or  other  circumstances,  render 
it  pr()l)a))le  that  such  vessel  is  intended  to  be  employed  by 
the  owners  to  cruise  or  conmiit  hostilities  upon  the  sub- 
jects, citizens,  or  property  of  any  foreign  pi-jnee  or  state, 
or  of  any  colony,  district,  or  people  with  whom  the  rnited 
States  are  at  peace,  until  the  decision  of  the  President  is 
had  thereon,  or  until  the  owner  gives  such  l)ond  and 
security  as  is  reijuired  of  the  owners  of  armed  vessels  by 
the  precedino-  section. 

ntuumiuv'i.uv^°  The  prcnisions  of  this  Title  [R.  S.  5281-5291]  shall  not  be 
A',  s.,  5hi.  '  construed  to  extend  to  any  subject  or  citizen  of  any  foreif]fn 
prince,  state,  colony,  district,  or  people  who  is  transiently 
within  the  United  States,  and  enlists  or  enters  himself  on 
board  of  ajiy  vessel  of  war,  letter  of  marque,  or  privateer, 
which  at  the  time  of  its  arrival  within  the  United  States  w\as 
fitted  and  ecpiipped  as  such,  or  hires  or  retains  another 
subject  or  citizen  of  the  same  foreit>-n  prince,  state,  colon}^ 
district,  or  people,  who  is  transiently  within  the  United 
States,  to  enlist  or  enter  himself  to  serve  such  foreio'n 
prince,  state,  colony,  district,  or  people,  on  hoard  such 
vessel  of  war,  letter  of  marque,  or  privateer,  if  the  United 
States  shall  then  be  at  peace  with  such  foreion  prince, 
state,  colony,  district,  or  people.  Nor  shall  they  be  con- 
strued to  prevent  the  prosecution  or  punishment  of  trea- 
son, or  of  any  piracy  defined  by  the  hiws  of  the  United 
States. 

GUANO   ISLANDS 


Guano  i.sliii 
if.  S.,  5570. 


Discovery. 
li.  S.,  5571. 


Whenever  any  citizen  of  the  United  States  discoA'ers  a 
deposit  of  guano  on  any  island,  rock,  or  kc}\  not  within 
the  lawful  jurisdiction  of  an}-  other  government,  and  not 
occupied  by  the  citizens  of  any  other  government,  and 
takes  pt^aceable  possession  thereof,  and  occupies  the  same, 
such  island,  rock,  or  key  may,  at  the  disci'ction  of  the 
President,  l)e  considered  as  ap]i(M'taining  to  the  Um'ted 
States. 

Th(>  discoverer  shall,  as  soon  as  ])ra(ti(al)le.  give  notice, 
verified  hy  aHidavit,  to  the  l)e[)artment  of  State,  of  such 
discovery,  occupation,  and  possession,  desciihing  tlu^  island, 
rock,  or  key,  and  the  latitude  and  longitude  thereof,  jvs 
lu^ar  as  may  be,  and  showing  that  such  ])ossession  was 
taken  in  the  name  of  the  United  States;  and  shall  fui'nisli 
satisfactory  (evidence  to  the  State  Department  that  sucii 
island,  rock,  or  key  was  not.  at  the  time  of  the  discovery 
th(M"eof,  or  of  the  taking  ])()ss(\ssion  and()ccu})ation  thereof 
by  the  claimants,  in  the  po.-sivssion  or  occupation  of  any 
()th(M'  g()\  (M'nmcnt  or  of  th(>  citizens  or  any  other  govern- 
ment, before  the  sam(>  shall  be  consitlered  as  appertaining 
to  the  United  States. 


BUREAU    OB^   NAVIGATION  821 

If  till'  (liscovoivr  (lies  l)ct'oro  perfoctino- proof  of  discov- .,^'^'^*"^'"'"^''" 

£•11  1     •  •    I       I  .    .  ~  '        ,     ,  1    itrtiK'e. 

cry  oi"  lully  coniplyin*>"  with  the  i)rovision.s  or  the  ])reoecl-  h'.s..o573!. 
ino;  section,  his  widow,  heir,  executor,  or  adniinistrutor, 
shall  be  entitled  to  the  lieneHts  of  such  discovery,  upon 
complying  with  the  provisions  of  this  Title  |R.  S.  5570- 
5578J;  but  nothing;-  herein  shall  be  held  to  impair  any 
rights  of  discovery  or  any  assignment  by  a  discoverer 
heretofore  recognized  l)y  the  United  States, 

The  discoverer,  or  his  assigns,  being  citizens  of  the  ,,^^1^'^'''  "'  '"■'"'■ 
United  States,  may  l)e  allowe(l,  at  the  pleasure  of  Con-  /;.  n., -wr.j. 
gress,  the  exclusive  right  of  occupying  such  island,  rocks, 
or  ke3's,  for  the  purpose  of  obtaining  guano,  and  of  sell- 
ing and  delivering  the  same  to  citizens  of  the  United 
States,  to  be  used  therein,  and  may  be  allowed  to  charge 
and  receive  for  every  ton  thereof  delixered  alongside  a 
vessel,  in  proi)er  tubs,  within  reach  of  ship's  tackle,  a  sum 
not  exceeding  eight  dollars  per  ton  for  the  best  (jualit}', 
or  four  dollars  for  every  ton  taken  while  in  its  native 
place  of  deposit. 

No  guano  shall  l)e  taken  from  ain'  such  island,  I'ock,  or  uso'^^or \'nit"(i 
kii}\  except  for  the  use  of  the  citizens  of  the  United  States  stntos  citizens. 
o'r  of  persons  resident  therein.  The  discoverer,  or  his  ■'■">"■ 
widow,  heir,  executor,  adniinistrator,  or  assigns,  shall  enter 
into  bond,  in  such  penalty  and  with  such  sureties  as  may 
l)e  reipiired  liy  the  President,  to  deliver  the  guano  to  citi- 
zcMis  of  the  United  States,  for  the  purpose  of  being  used 
therein,  and  to  none  others,  and  at  the  price  prescribed, 
and  to  jirovide  all  necessary  facilities  for  that  purpose 
within  a  time  to  be  tixed  in  the  bond;  and  any  breach  of 
the  provisions  thereof  shall  be  deemed  a  forfeiture  of  all 
rights  accruing  under  and  by  virtue  of  this  Title  [R.  S., 
5570-55781.  This  section  shall,  however,  be  suspended  in 
relation  to  all  persons  Avho  have  complied  with  the  provi- 
sions of  this  Title,  for  five  years  from  and  after  the  four- 
teenth day  of  Juh",  eighteen  hundred  and  seventy-two. 

The  introduction  of  guano  from  such  islands,  rocks,  or    ^-  ^■'  •'■''^•''■ 
key^s,  shall  be  regulated  as  in  the  coasting  trade  between 
difterent  psirts  of  the  United  States,  and  the  same  laws 
shall  govern  the  vessels  concerned  therein. 

All  acts  done,  and  offenses  or  crimes  committed,  on  ^»y  isi^i'ia''^''''''""  "' 
such  island,  rock,  or  key,  by  persons  who  may  land  thereon,  k.  s'.,  sry/o. 
or  in  the  waters  adjacent  thereto,  shall  be  deemed  com- 
mitted on  the  high  seas,  on  board  a  merchant-ship  or  ves- 
sel belonging  to  the  United  States;  and  shall  be  punished 
according  to  the  laws  of  the  United  States  relating  to  such 
shi[)s  or  vessels  and  ofl'enses  on  the  high  seas,  which  laws 
for  the  purpose  aforesaid  are  extended  over  such  islands, 
rocks,  and  keys. 

The  President  is  authorized,  at  his  discretion,  to  employ    ^-  ■'''••  ^^'''^■ 
the  land  and  naval  forces  of  the  United  States  to  protect 
the  rights  of  the  discoverer  or  of  his  widow,  heir,  executor, 
administrator,  or  assigns. 
27628—04 21 


322  IJUEEAU    OF    NAVIGATION 

ii.s.,557s.  Nothing-  in  this  Title  [R.  S.,  5570-5578]  contained  shall 

be  construed  as  obliging  the  United  States  to  retain  ])os- 
session  of  the  islands,  rocks,  or  keys,  after  the  guano  shall 
have  been  removed  from  the  same. 

MASTER   OR   CREW    GUILTY   OF    UNLAWFUL   ACTS 

R.  s.,  1,295.  The  commander  and  crew  of  any  merchant-vessel  of  the 

United  States,  owned  wholly,  or  in  part,  by  a  citizen 
thereof,  may  oppose  and  defend  against  any  aggression, 
search,  restraint,  depredation,  or  seizure,  which  shall  be 
attempted  upon  such  vessel,  or  upon  any  other  vessel  so 
owned,  by  the  commander  or  crew  of  any  armed  vessel 
whatsoever,  not  being  a  public  armed  vessel  of  some  nation 
in  amity  with  the  United  States,  and  may  subdue  and  caji- 
ture  the  same;  and  may  also  retake  any  vessel  so  owned 
which  may  have  been  captured  by  the  commander  or  crew 
of  an}^  such  armed  vessel,  and  send  the  same  into  any  port 
of  the  United  States, 
procwfure.    '""^      Whenever  any  vessel,  which  shall  have  been  built,  pur- 

R.  s.,  /.296.  chased,  litted  out  in  whole  or  in  part,  or  held  for  the  pur- 
pose of  being  emplo3"ed  in  the  commission  of  any  piratical 
aggression,  search,  restraint,  depredation,  or  seizure,  or 
in  the  commission  of  any  other  act  of  piracy  as  defined  by 
the  law  of  nations,  or  from  which  any  piratical  aggression, 
search,  restraint,  depredation,  or  seizure  shall  have  been 
first  attempted  or  made,  is  captured  and  brought  into  or 
captured  in  any  port  of  the  United  States,  the  same  shall 
be  adjudged  and  condemned  to  their  use,  and  that  of  the 
captors  after  due  process  and  trial  in  any  court  having 
admiralty  jurisdiction,  and  which  shall  be  holden  for  the 
district  into  which  such  caj^tured  vessel  shall  be  brought; 
and  the  same  court  shall  thereupon  order  a  sale  and  dis- 

ooiiaemnatidii  ^^"^^^^^^^^'^  thereof  accordingly,  and  at  its  discretion. 
of  vessel.  Any  vcsscl  built,  purchased,  fitted  out  in  whole  or  in 

M.  ^.,  itna?.  part,  or  held  for  the  purpose  of  being  employed  in  the 
commission  of  any  piratical  aggression,  search,  restraint, 
depredation,  or  seizure,  or  in  the  comuiission  of  any  other 
act  of  pirac}",  as  defined  b}^  the  law  of  nations,  shall  be 
liable  to  be  captured  and  brought  into  any  port  of  the 
United  States  if  found  upon  the  high  seas,  or  to  ])e  seized 
if  found  in  port  or  place  within  the  United  States,  whether 
the  same  shall  have  actually  sailed  upon  any  piratical 
expedition  or  not,  and  whether  any  act  of  piracy  shall 
have  been  committed  or  attempted  upon  or  from  such 
vessel  or  not;  and  any  such  vessel  may  be  adjudged  and 
condemned,  if  captured  by  a  vessel  authorized  as  herein- 
after mentioned,  to  the  use  of  the  United  States  and  to 
that  of  the  captors,  and  if  seized  l)y  a  collector,  surveyor, 
or  mai'shal,  then  to  the  use  of  the  United  States. 

js. .«?.,  i298.  rpi^^  President  is  authorized  to  instruct  the  commanders 

of  the  public  armed  vessels  of  the  United  States,  and  to 
authorize  the  commanders  of  any  other  armed  vessels  sail- 
ing under  the  authority  of  any  letters  of  marque  and 
reprisal  granted  by  Congress,  or  the  commanders  of  any 


,      BUREAU    OF    NAVIGATION  323 

other  suil;it»l(^  vessels,  to  sulxliu',  seize,  take,  and,  if  on 
the  hiyh  seas,  to  send  into  any  port  of  the  Lhiited  States, 
any  vessel  or  boat  huilt,  purchased,  fitted  out,  or  held  as 
nientioniHJ  in  the  j)recediny  section. 

riie  collectois  of  the  s(>\ei'al  ports  of  entry,  the  survey-  r.s.,u29o. 
oi's  of  the  several  ports  of  delivery,  and  the  nmrshals  of 
the  several  judicial  districts  within  the  United  States, 
sliall  seize  any  vessel  or  boat  l)uilt,  purchased,  fitted  out, 
or  held  as  mentioned  in  section  forty-two  hiuidred  and 
ninety-seven,  which  may  be  found  within  their  respective 
ports  or  districts,  and  to  cause  the  same  to  ])e  proceeded 
against  and  (lisj)osed  of  as  provided  by  that  section. 

Every  cai)taiii.  other  otlicer.  or  mariner,  of  a  vessel  on  ii.s.,5S83. 
the  hiyh  seas,  or  on  any  other  waters  within  the  admiralty 
and  maritime  jurisdiction  of  the  United  States  who  pirat- 
ically or  feloniously  runs  away  with  such  vessel,  or  with 
any  «!,oods  or  merchandise  thereof,  to  the  value  of  tift}' 
dollars,  or  who  yields  up  such  vessel  voluntarily  to  au}^ 
pirate,  shall  ])e  tined  not  more  than  ten  thousand  dollars, 
or  imprisoned  at  hard  labor  not  more  than  ten  vears,  or 
both. 

If  any  person  attempts  or  endeavors  to  corrupt  any  com-  n.  s.,  sssu. 
mander,  master,  othcer,  or  mariner  to  yield  up  or  to  run 
away  with  any  vessel,  or  an}"  goods,  wares,  or  merchan- 
dise, or  to  turn  pirate,  or  to  go  over  to  or  confederate  w^ith 
pirates,  or  in  any  wise  to  trade  with  an}"  pirate,  knowing 
him  to  be  such,  or  furnishes  such  pirate  with  any  ammuni- 
tion, stores,  or  provisions  of  any  kind,  or  tits  oat  any  ves- 
sel knowingly  and  with  a  design  to  trade  with,  supply,  or 
con-espond  with  any  pirate  or  robber  upon  the  seas;  or  if 
any  person  consults,  combines,  confederates,  or  corresponds 
with  any  pirate  or  rol)ber  upon  the  seas,  knowing  him  to  be 
guilty  of  any  piracy  or  robbery;  or  if  any  seaman  conhnes 
the  master  of  any  vessel,  he  shall  >])e  imprisoned  not  more 
than  three  years,  and  fined  not  more  than  one  thousand 
dollars. 


324  BUEEAU    OF   NAVIGATION 


RULES   TO   PREVENT   COLLISIONS 

Dutr  to  stay  jjj  eveiy  case  of  collision  between  two  vessels  it  shall  be 
Sept.  i,  1S90.  tbe  duty  of  the  master  or  person  in  charge  of  each  vessel, 
(26  Stat,  u'Z5.)   jf  jjj^(-|  yQ  f  j^j.  .^y  ]^g  (.j^j^  ^Q  gQ  without  serious  danger  to  his 

own  vessel,  creAv,  and  passengers  (if  any),  to  stav  by  the 
other  vessel  until  he  has  ascertained  that  she  has  no  need 
of  further  assistance,  and  to  render  to  the  other  vessel,  her 
master,  crew,  and  passengers  (if  any),  such  assistance  as 
may  be  practicable  and  as  may  be  necessary  in  order 
to  save  them  from  an}^  danger  caused  by  the  collision,  and 
also  to  give  to  the  master  or  person  in  charge  of  the  other 
vessel  the  name  of  his  own  vessel  and  her  port  of  registry, 
or  the  port  or  place  to  w^hich  she  ])elongs,  and  also  the 
name  of  the  ports  and  places  from  which  and  to  which  she 
is  bound. 

If  he  fails  so  to  do,  and  no  reasonable  cause  for  such  fail- 
ure is  shown,  the  collision  shall,  in  the  absence  of  proof  to 
the  contrar}^,  be  deemed  to  have  been  caused  by  his  wrong- 
ful act,  neglect,  or  default. 

Penalty'  for     Every  master  or  person  in  charge  of  a  United  States  ves- 
a^sisfancef^"^*^' '^sl  who  fails,  without  reasonable  cause,  to  render  such 

-Sec.  2.  assistance  or  give  such  information  as  aforesaid  shall  be 

deemed  guilty  of  a  misdemeanor,  and  shall  be  liable  to  a 
penalty  of  one  thousand  dollars,  or  imprisonment  for  a 
term  not  exceeding  two  years;  and  for  the  above  sum  the 
-  vessel  shall  be  liable  and  may  be  seized  and  proceeded 
against  by  process  in  any  district  court  of  the  United 
States  by  any  person;  one-half  such  sum  to  be  payable  to 
the  informer  and  the  other  half  to  the  United  States. 

International  Rules  of  1897 


p6%tat  ^3^0)  '^^^^  following  regulations  for  preventing  collisions  at 
sea  shall  be  followed  by  all  public  and  private  vessels  of  the 
United  States  upon  the  high  seas  and  in  all  waters  con- 
nected therewith,  navigable  by  sea-going  vessels. 
H/«";''uf';!i""^'^^'  I"  the  following  rules  every  steam  vessel  which  is  under 
sail  and  not  under  steam  is  to  be  considered  a  sailing-vessel, 
and  every  vessel  under  steam,  whether  under  sail  or  not,  is 
to  be  considered  a  steam-vessel. 

The  word  "steam- vessel"  shall  include  any  vessel  pro- 
pelled by  machinery. 

A  vessel  is  "under  way""  within  the  meaning  of  these 
rules  when  she  is  not  at  anchor,  or  made  fast  to  the  shore, 
or  aground. 

II. — Lights  and  so  forth 

The  word  "visible"  in  these  rules  when  applied  to  lights 
shall  mean  visible  on  a  dark  night  with  a  clear  atmosphere. 


BUREAU    OF    NAVIGATION  825 

Article  1.  Tho  rules  (•(Micorninii-  liohts  slmll  l)o  com- 
plied with  in  all  weathers  from  sunset  to  sunrise,  and  dur- 
\\vj;  such  time  no  otluM'  lights  wliieli  may  1)0  mistaken  for 
I  he  prescribed  liii-hts  shall  !)(>  exhihited. 

AuT.  2.  A  steam-vessel  when  under  way  shall  carry — sHs'-Vmi8uiead 
(a)  On  or  in  front  of  the  foremast,  or  if  a  vessel  without  a •'>-'''{■ 
foremast,  then  in  tho  fore  part  of  the  vessel,  at  a  height 
al)ove  the  hull  of  not  loss  than  twenty  feet,  and  if  the 
breadth  of  tho  vessel  exceeds  twenty  feet,  then  at  a  height 
above  the  hull  not  less  than  such  breadth,  so,  however, 
that  the  light  need  not  be  carried  at  a  greater  height  above 
the  hull  than  forty  feet, a  bright  white  light,  so  constructed 
as  to  show  an  unbroken  light  over  an  arc  of  the  horizon  of 
twenty  ])oints  of  the  compass,  so  lixed  as  to  throw  tho  light 
ten  ])oints  on  each  side  of  th(^  vessel,  namely,  from  right 
ahead  to  two  ])oints  abaft  the  l)eam  on  either  side,  and  of 
such  a  character  as  to  l)o  visible  at  a  distance  of  at  least 
five  miles. 

(b)  On  the  starboard  side  a  green  light  so  constructed  seL^std^  li^hte 
as  to  show  an  unbroken  light  over  an  arc  of  the  horizon  of 

ten  points  of  tho  compass,  so  fixed  as  to  throw  the  light 
from  right  ahead  to  two  points  abaft  the  beam  on  the  star- 
board side,  and  of  such  a  character  as  to  bo  visible  at  a 
distance  of  at  least  two  miles. 

(c)  On  the  port  side  a  red  light  so  constructed  as  to  show 
an  unbroken  light  over  an  arc  of  the  horizon  of  ten  points 
of  th(>  compass,  so  tixed  as  to  throw  tho  light  from  right 
ah(^a(l  to  two  points  abaft  the  beam  on  tho  port  side,  and 
of  such  a  character  as  to  be  visible  at  a  distance  of  at  least 
two  miles. 

(d)  The  said  green  and  rod  side-lights  shall  bo  fitted  with 
inboard  screens;  ])rojecting  at  least  three  fe(>t  forward  from 
tho  light,  so  as  to  prevent  those  lights  from  being  seen 
across  the  bow. 

(o)  A  steam- vessel  when  under  way  may  carry  an  addi- ^  (^^i^s-TanVe 
tional  white  light  similar  in  construction  to  the  light  men-  iigius. 
tionod  in  subdivision  (a).  These  two  lights  shall  bo  so 
plac(Hl  in  line  with  the  keel  that  one  shall  l)o  at  least  fifteen 
feet  higher  than  the  other,  and  in  such  a  position  w4th  ref- 
erence to  each  other  that  tho  lower  light  shall  l)e  forward 
of  tho  uppiM-  one.  Tho  vortical  distance  between  these 
lights  shall  bo  loss  than  the  hoi'izontal  distance. 

A  i{T.  o.  A  stoam-v(»ssel  when  towing  another  vessel  shall,    i^^^"™  vessels 

,,..  ,  -ii-i  1-1  !•        1-1         when  towiiiK- 

ui  addition  to  her  side-lights,  carry  two  brigtit  white  lights 
ill  a  vortical  line  one  over  the  other,  not  less  than  six  feet 
apart,  and  when  towing  more  than  one  vessel  shall  carry 
an  additional  bright  Aviiite  light  six  feet  above  or  below 
such  light,  if  tho  length  of  tho  tow  measuring  from  the 
stern  of  the  towing  vessel  to  tho  stern  of  tho  last  vessel 
towed  exceeds  six  hundred  feet.  Kacli  of  those  lights  shall 
l>e  of  the  same  construction  and  character,  and  shall  bo 
carried  in  the  same  position  as  the  white  light  mentioned 


326  BUREAU    OF    NAVIGATION 

in  article  two  (a),  excepting  the  additional  light,  which 
may  be  carried  at  a  height  of  not  loss  tiian  fourteen  feet 
above  the  hull. 

Such  steam-vessel  may  carry  a  small  white  light  abaft 
the  funnel  or  aftermast  for  the  vessel  towed  to  steer  by, 
but  such  light  shall  not  be  visible  forward  of  the  beam. 
Special  lights.  Art.  4.  (a)  A  vcsscl  which  from  any  accident  is  not 
under  command  shall  carry  at  the  same  height  as  a  white 
light  mentioned  in  article  two  (a),  where  they  can  best  be 
seen,  and  if  a  steam-vessel  in  lieu  of  that  light,  two  red 
lights,  in  a  vertical  line  one  over  the  other,  not  less  than 
six  feet  apart,  and  of  such  a  character  as  to  be  visible  all 
around  the  horizon  at  a  distance  of  at  least  two  miles;  and 
shall  l\v  day  carry  in  a  vertical  line  one  over  the  other, 
not  less  than  six  feet  apart,  where  they  can  best  be  seen, 
two  black  balls  or  shapes,  each  two  feet  in  diameter. 

(li)  A  vessel  employed  in  laying  or  in  picking  up  a  tele- 
graph cable  shall  carry  in  the  same  position  as  the  white 
light  mentioned  in  article  two  (a),  and  if  a  steam- vessel  in 
lieu  of  that  light,  three  lights  in  a  vertical  line  one  over 
the  other  not  less  than  six  feet  apart.  The  highest  and 
lowest  of  these  lights  shall  l)e  red,  and  the  middle  light 
shall  ))e  white,  and  they  shall  be  of  such  a  character  as  to 
be  visible  all  around  the  horizon,  at  a  distance  of  at  least 
two  miles.  By  day  she  shall  carry  in  a  vertical  line,  one 
over  the  other,  not  less  than  six  feet  apart,  where  they  can 
best  be  seen,  three  shapes  not  less  than  two  feet  in  diam- 
eter, of  which  the  highest  and  lowest  shall  be  globular  in 
shape  and  red  in  colo]",  and  the  middle  one  diamond  in 
shape  and  white. 

(c)  The  vessels  referred  to  in  this  article,  when  not 
making  way  through  the  water,  shall  not  carry  the  side- 
lights, but  when  making  way  shall  carry  them. 

(d)  The  lights  and  shapes  required  to  be  shown  by  this 
article  are  to  be  taken  by  other  vessels  as  signals  that  the 
vessel  showing  them  is  not  under  command  and  can  not 
therefore  get  out  of  the  way. 

These  signals  are  not  signals  of  vessels  in  distress  and 
requiring  assistance.     Such  signals  are  contained  in  article 
thirty-one. 
in^^^vessei's'^  alid     -^^T.  5.  A  Sailing  vcsscl  uudcr  wa}^  and  any  vcsscl  being 
vesseis'in  tow.    towcd  shall  carrv  the  same  lights  as  are  prescril)ed  by  arti- 
cle two  for  a  steam-vessel  under  way,  with  the  exception 
of  the  white  lights  mentioned  therein,  which  they  shall 
never  carry. 
ve^'slis"'^"'^''"^'^^^     Art.  6.   Whenever,  as  in  the  case  of  small  vessels  under 
way  during  bad  weather,  the  green  and  red  side-lights  can 
not  be  fixed,  these  lights  shall  be  kept  at  hand,  lighted 
and  ready  for  use;  and  shall,  on  the  approach  of  or  to 
other  vessels,  be  exhibited  on  their  respective  sides  insuf- 
ficient time  to  prevent  collision,  in  such  manner  as  to 


BURKAtr    OF    NAVIGATION  827 

make  tluMii  most  visil)l(\  imd  so  that  the  green  light  shall 
not  l)e  soon  on  the  port  sido  nor  tho  rod  light  on  tho  star- 
hoard  side,  t)or,  if  praotioahU',  nioiv  than  two])oints  :ihaft 
tlio  boani  on  thoir  rospootivo  sidos.  To  iniiko  tho  nsc  of 
thoso  i)()i-tal)lo  liglits  nioro  oortiiin  and  easy  tho  hmtorns 
containing  thoni  shall  each  ho  painted  outside  witli  the 
color  of  tho  light  thoy  respectively  contain,  and  shall  be 
provided  with  proper  screens. 
Akt.  7.  Steam-vessels  pf  less  than  forty,  and  vessels    i>if^'i>t^f"r^""i!i 

1  -1         £  1  lu         i.  i.      i.  "  ^  stfiiin     and     s.iil 

nnd(M'  oars  or  sails  or  less  than  twenty  tons  gross  tonnage,  vessels  „i„i  «\„-n 
respectively,  and  rowing  ])oats.  wlu>n  underway,  shall  not '"  j/ai/ -\s',  ww. 
ho  re(|uirod   to  carry  tho  lights  nuMitionod  in  article  two    (-•'>'"■''''«<•. s^.j 
(a),  (b),  and  (c).  l)ut  if  thoy  do  not  carry  them  they  shall 
be  provided  with  the  following  lights: 
First.  Steam-vessels  of  less  than  forty  tons  shall  carry— 

(a)  Jn  tho  fore  part  of  the  vessel  or  on  or  in  front  of 
the  funnel,  where  it  can  best  be  scon,  and  at  a  height  aliove 
the  gunwale  of  not  less  than  nin(>  feet,  a  bright  white  light 
constructed  and  tixed  as  prescri))ed  in  article  two  (a),  and 
of  such  a  character  as  to  be  visible  at  a  distance  of  at  least 
two  miles. 

(b)  Green  and  red  side-lights  constructed  and  iixod  as 
proscribed  in  article  two  (b)  and  (c).  and  of  such  a  charac- 
ter as  to  be  visible  at  a  distance  of  at  least  one  mile,  or  a 
combined  lantern  showing  a  green  light  and  a  red  light 
from  right  ahead  to  two  points  abaft  the  beam  on  their 
respective  sides.  Such  lanterns  shall  be  carried  not  less 
than  three  feet  below  the  w  hite  light. 

Second.  Small  steamboats,  such  as  are  carried  bv  seago- 
ing vessels,  may  carry  the  white  light  at  a  less  height  than 
nine  feet  a))ove  the  gunwale,  but  it  shall  bo  carried  above 
the  coml)ined  lantern  mentioned  in  suljdivision  one  (b). 

Third.  Vessels  under  oars  or  sails  of  less  than  twent}'^ 
tons  shall  have  ready  at  hand  a  lantern  with  a  green  glass 
on  one  side  and  a  red  glass  on  ^the  other,  which,  on  the 
approach  of  or  to  other  vessels,  shall  be  exhibited  in  suffi- 
cient time  to  prevent  collision,  so  that  the  green  light  shall 
not  be  seen  on  the  port  side  nor  the  red  light  on  the  star- 
board side. 

Fourth.  Rowing  boats,  whether  under  oars  or  sail,  shall 
have  ready  at  hand  a  lantern  show  ing  a  w  hite  light  which 
shall  bo  temporarily  exhibited  in  suflicient  time  to  prevent 
collision. 

The  vessels  referred  to  in  this  article  shall  not  be  ol)ligcd 
to  carr}'  the  lights  prescribed  by  article  four  (a)  and  article 
eleven,  last  paragraph, 

AiiT.  8.  Pilot- vessels  when  engaged  on  their  station  on  ^.J^r^^'}^^'^ ^"'"  t'''''' 
pilotage  duty  shall  not  show  tho  lights  recpiired  for  other    aihi.'w,  isuo. 
vessels,  but  shall  carry  a  white  1  ight  at  the  masthead,  visible    *~''  '^'"'"  '^"''■^ 
all   around  the  horizon,  and  shall  also  exhibit  a  flare-up 
light  or  flare-up  lights  at  short  intervals,  which  shall  never 
exceed  fifteen  minutes. 


328     ,  BUREAU    OF    NAVIGATION 

On  the  near  approach  of  or  to  other  vessels  they  shall 
have  their  side-lights  lighted,  ready  for  use,  and  shall  flash 
or  show  them  at  short  interv^als,  to  indicate  the  direction  in 
which  they  are  heading,  but  the  green  light  shall  not  be 
shown  on  the  port  side,  nor  the  red  light  on  the  starboard 
side. 

A  pilot- vessel  of  such  a  class  as  to  be  obliged  to  go 
alongside  of  a  vessel  to  put  a  pilot  on  board  may  show  the 
white  light  instead  of  carr3'ing  it  at  the  masthead,  and  ma}^, 
instead  of  the  colored  lights  aliove  mentioned,  have  at  hand, 
ready  for  use,  a  lantern  with  green  glass  on  the  one  side 
and  red  glass  on  the  other,  to  be  used  as  prescribed  above. 
(si'dai  ^30^)  Pilot-vessels  when  not  engaged  on  their  station  on  pilot- 
secl  1,  'i.  age  duty  shall  carry  lights  similar  to  those  of  other  vessels 
of  their  tonnage. 

A  steam-pilot  vessel,  when  engaged  on  her  station  on 
pilotage  duty  and  in  waters  of  the  United  States,  and  not  at 
anchor,  shall,  in  addition  to  the  lights  required  for  all  pilot 
boats,  carry  at  a  distance  of  eight  feet  below  her  white  mast- 
head light  a  red  light,  visible  all  around  the  horizon  and  of 
such  a  character  as  to  be  visible  on  a  dark  night  with  a  clear 
atmosphere  at  a  distance  of  at  least  two  miles,  and  also  the 
colored  side  lights  required  to  be  carried  by  vessels  when 
under  way. 

When-  engaged  on  her  station  on  pilotage  duty  and  in 
waters  of  the  United  States,  and  at  anchor,  she  shall  carry 
in  addition  to  the  lights  required  for  all  pilot  boats  the  red 
light  above  mentioned,  but  not  the  colored  side  lights. 

When  not  engaged  on  her  station  on  pilotage  duty,  she 

shall  carry  the  same  lights  as  other  steam  vessels. 

Lights,  etc.,  of     Art.  9.  [Article  nine,  act  of  August  19,  1S90,  was  re- 

^^a^.s^mf.'    pealed  by  act  of  May  28,  1894,  and  article  10,  act  of  March 

AmX'mV  3.  1885,  was  reenacted  in  part  by  act  of  August  18,  1894, 

(•26  Stat,  S2s)  and  is  reproduced  here  in  part  as  ai'ticle  9.     It  will  be  the 

{28^sf.at.!lf.)    object  of  further  consideration  ])y  the  maritime  powers.] 

iisktat.jfsi.)       Fishing-vessels  of  less  than  twenty  tons  net  registered 

.tonnage,  when  under  way  and  when  not  having  their  nets, 

trawls,  dredges,  or  lines  in  the  water,  shall  not  be  obliged 

to  carry  the  colored  side  lights;  but  every  such  vessel  shall 

in  lieu  thereof  have  ready  at  hand  a  lantern  with  a  green 

glass  on  the  one  side  and  a  red  glass  on  the  other  side,  and 

on  approaching  to  or  being  approached  by  another  vessel 

such  lantern  shall  be  exhibited  in  sufiicient  time  to  prevent 

collision,  so  that  the  green  light  shall  not  be  seen  on  the 

port  side  nor  the  red  light  on  the  starboard  side. 

Lights  for  fish-     The  following  portion  of  this  article  applies  only  to 

Eifropearfcoasts.  tishing-vcssels  and  boats  when  in  the  sea  off  the  coast  of 

Europe  lying  north  of  Cape  Fini.sterre: 

(a)  All  Ashing- vessels  and  fishing- boats  of  twenty  tons 
net  registered  tonnage  or  upward,  when  under  way  and 
when  not  having  their  nets,  trawls,  dredges,  or  lines  in  the 


BUREAU    OF   NAVIGATION  329 

wutor,  slijill  etirry  iind  show  the  same  lights  as  othei'  ves- 
sels under  way. 

(I))  All  vessels  when  enoaged  in  tishing-  with  drift-nets 
shall  exhibit  two  white  ligTits  from  any  part  of  the  vessel 
where  they  can  he  best  seen.  8ueh  lights  shall  be  placed 
so  that  the  vertical  distance  between  them  shall  be  not  less 
than  six  feet  and  not  more  than  ten  feet,  and  so  that  the 
horizontal  distance  between  them,  measured  in  aline  with 
the  keel  of  the  vessel,  shall  be  not  less  than  five  feet  and 
not  more  than  ten  feet.  The  lower  of  these  two  lights  shall 
be  the  more  forward,  and  t)oth  of  them  shall  be  of  such  a 
character  and  contained  in  lanterns  of  such  construction  as 
to  show  all  round  the  horizon,  on  a  dark  night,  with  a  clear 
atmosphere,  for  a  distance  of  not  less  than  three  miles. 

(c)  All  vessels  when  trawling,  dredging,  or  fishing  with 
any  kitid  of  drag  nets  shall  exhibit,  from  some  part  of  the 
vessel  where  they  can  be  best  seen,  two  lights.  One  of 
these  lights  shall  l)e  red  and  the  other  shall  be  white.  The 
red  light  shall  l)e  above  the  white  light,  and  shall  be  at  a 
vertical  distance  from  it  of  not  less  than  six  feet  and  not 
more  than  twelve  feet;  and  the  horizontal  distance  between 
tluMu.  if  any.  shall  not  l)e  more  than  ten  feet.  These  two 
lights  shall  be  of  such  a  character  and  contained  in  lan- 
terns of  such  construction  as  to  be  visible  all  round  the 
horizon,  on  a  dark  night,  with  a  clear  atmosphere,  the 
white  light  to  a  distance  of  not  less  than  three  miles,  and 
the  red  light  of  not  less  than  two  miles. 

(d)  A  vessel  employed  in  line-fishing,  with  her  lines  out, 
shall  carry  the  same  lights  as  a  vessel  when  engaged  in 
fishing  with  drift-nets. 

(o)  If  a  vessel,  when  fishing  with  a  trawl,  dredge,  or  anv 
kind  of  drag-net,  becomes  stationary  in  consequence  of 
her  gear  getting  fast  to  a  rock  or  other  obstruction,  she 
shall  show  the  light  and  make  the  fog-signal  for  a  vessel 
at  anchor. 

(f)  Fishing-vessels  may  at  any  time  use  a  flare-up  in 
addition  to  the  lights  which  they  are  by  this  article  required 
to  carry  and  show.  All  fiareup-lights  exhibited  by  a  ves- 
sel when  trawling,  dredging,  or  fishing  with  an}'  kind  of 
drag-net  shall  be  shown  at  the  after-part  of  the  vessel, 
excepting  that  if  the  vessel  is  hanging  by  the  stern  to  her 
trawl,  dredge,  or  drag-net,  they  shall  be  exhibited  from  the 
bow. 

(g)  Every  fishing-vessel  when  at  anchor  between  sunset 
and  sunrise  shall  exhibit  a  white  light,  visible  all  round 
the  horizon  at  a  distance  of  at  least  one  mile. 

(h)  In  a  fog  a  drift-net  vessel  attached  to  her  nets,  and 
a  vessel  when  trawling,  dredging,  or  fishing  with  any  kind 
of  drag-net.  and  a  vess(d  employed  in  line  fishing  with  her 
lines  out,  shall,  at  intervals  of  not  more  than  two  minutes, 
make  a  blast  with  her  fog-horn  and  ring  her  bell  alter- 
natel}'. 


330  BFREATT    OF    NAVTGATTOIS" 

ovwukenvesser  -^RT.  10.  A  vessel  whicli  is  being  overtaken  ])\  another 
Aug.  19, 1890.  shall  whow  from  her  stern  to  such  last-mentioned  vessel  a 
(26 Stat,  S2!..)  ^j^.j.^  ,jg.j^^  ^^^.  ^  tlare-up  lig-ht. 

The  white  light  re([uiredto  be  shown  })y  this  article  may 
be  fixed  and  carried  in  a  lantern,  but  in  such  case  the  lan- 
tern shall  be  so  constructed,  fitted,  and  screened  that  it 
shall  throw  an  unbroken  light  over  an  arc  of  the  horizon 
of  twelve  points  of  the  compass,  namely,  for  six  points 
from  right  aft  on  each  side  of  the  vessel,  so  as  to  l)e  visi- 
ble at  a  distance  of  at  least  one  mile.  Such  light  shall  be 
carried  as  nearly  as  practicable  on  the  same  level  as  the 
side  lights. 
Anchor  lights.  j^^^  ^  ^  vcssel  undcr  one  hundred  and  fifty  feet  in 
length  when  at  anchor  shall  carry  forward,  where  it  can 
best  be  seen,  but  at  a  height  not  exceeding  twenty  feet 
al)oye  the  hull,  a  white  light,  in  a  lantern  so  constructed 
as  to  show  a  cleai',  uniform,  and  unlu'oken  light  visible  all 
around  the  horizon  at  a  distance  of  at  least  one  mile. 

A  vessel  of  one  hundred  and  fift}^  feet  or  upwards  in 
length,  when  at  anchor,  shall  carry  in  the  forward  part  of 
the  vessel,  at  a  height  of  not  less  than  twenty  and  not 
exceeding  forty  feet  above  the  hull,  one  such  light,  and  at 
or  near  the  stern  of  the  vessel,  and  at  such  a  height  that 
it  shall  ho  not  less  than  fifteen  feet  lower  than  the  forward 
light,  another  such  light. 

The  length  of  a  vessel  shall  be  deemed  to  be  the  length 
appearing  in  her  certificate  of  registry. 

A  vessel  aground  in  or  near  a  fair-way  shall  carry  the 
above  light  or  lights  and  the  two  red  lights  prescriljed  by 
article  four  j(a). 
Special  signals.     Art.  12.    Evcry  vcsscl  may,  if  necessary  in  order  to 
attract  attention,  in  addition  to  the  lights  which  she  is 
by  the.se  rules  required  to  carry,  show  a  flare-up  light  or 
use  any  detonating  signal  that  can  not  l)e  mistaken  for  a 
distrt\ss  signal. 
a..KL,gn?tion     Art.  13.  Nothing  in  these  rules  shall  interfere  with  the 
signals.  Operation  of  any  special  rules  made  by  the  Government  of 

any  nation  with  respect  to  additional  station  and  signal- 
lights  for  two  or  more  ships  of  war  or  for  vessels  sailing 
under  convoy,  or  with  the  exhibition  of  recognition  sig- 
nals adopted  by  ship-owners,  which  have  been  authorized 
])y  their  respective  Governments  and  duly  registered  and 
pul)lished. 
steam  vessel     Art.  14.  A  stcam-vcssel  proceeding  under  sail  only  but 

under   sail    by,        •  i  i-  i  u    n  •        ^         *-•  x-       "^       j 

day.  having  her  funnel  up,  shall  carry  in  day-time,  lorwarci, 

where  it  can  best  be  seen,  one  black  ball  or  shape  two  feet 
in  diameter. 


BUREAU    OF    NAVICJATION  831 

ITT. — SoIND    8l(iNAl.S    IN     I'oc,    KTC. 


riii:i,iMiN.\KV 


Akt.  15.    All  siu-iials  |)r{\siTil)(Ml  by  this  jirticic  for  vcssols    nifiniiiuns  „{ 
mulei- way  shiiU  i)o  oiviMi:    ^^  ^  "'':llu!rio,  i,m. 

First.    By  ''stoain  vessels"  on  tho  whistle  or  sircMi.  (.m stat., i^hl) 

Seeond.  By  '"sailino"  vessels"  and  ''vessels  towed"  on 
the  t"o«i'  horn. 

The  words  " prolono-ed  blast"  used  in  this  article  shall 
mean  a  blast  of  from  four  to  six  seconds  duration. 

A  steam-vessel  shall  be  pi'ovided  with  an  ellicient  whistle 
or  sii'eii.  sounded  by  steam  or  by  some  substitute  for  steam, 
so  placed  that  tiie  sound  may  not  be  intercepted  by  any 
ol)struction,  and  with  an  tdhcient  foi^'  horn,  to  be  sounded 
by  mechanical  means,  and  also  with  an  ethcient  bell.  (In 
ail  cases. where  the  rules  re([uire  a  bell  to  be  used  a  drum 
niav  be  substituted  on  board  Turkish  vessels,  or  a  gong 
where  such  articles  are  used  on  board  small  seagoing  ves- 
sels.) A  sailing  vessel  of  twenty  tons  gross  tonnage  or 
upwards  shall  l)e  provided  with  a  similar  fog  horn  and  bell. 

In  fog,  nnst,  falling  snow,  or  heavy  rainstorms,  whether 
by  day  or  night,  the  signals  described  in  this  article  shall 
be  used  as  follows,  namely: 

(a)  A  steam  vessel  having  way  upon  her  shall  sound,  at    steam  vessel 
intervals  of  not  more  than  two  minutes,  a  prolonged  blast.  ""'^''"'^  "'"^^" 

(b)  A  steam  vessel  under  way,  but  stopped,  and  having 
no  way  upon  her,  shall  sound,  at  intervals  of  not  more 
than  two  miiuites,  two  prolonged  blasts,  with  an  interval 
of  about  one  second  between. 

(c)  A  sailing  vessel  under  way  shall  sound,  at  intervals    fiu  vessel  un- 
of  not  more  than  one  minute,  when  on  the  starboard  tack, 

one  blast;  when  on  the  port  tack,  two  blasts  in  succession, 
and  v>  hen  with  the  wind  abaft  the  beam,  three  blasts  in 
succession. 

(d)  A  vessel  when  at  anchor  shall,  at  invervals  of  "ot^^^y^'^'^j^'i^'^^^'l^'i^^^j'J^ 
more  than  one  minute,  ring  the  bell  rapidly  for  about  five  way. 
seconds. 

(e)  A  vess(d  when  towing,  a  vessel  employed  in  l'\yiiig,„.\,'^;^^^^!li' ^""'"^' 
or  in  picking  up  a  telegraph  cable,  and  a  vesscd  under  way, 

which  is  unal)le  to  get  out  of  the  way  of  an  approaching 
vessel  through  being  not  under  command,  or  unable  to 
maneuver  as  reijuired  I)v  the  rules,  shall,  instead  of  the 
signals  prescribed  in  subdivisions  (a)  and  (c)  of  this  article, 
at  intervals  of  not  more  than  two  minutes,  sound  three 
I 'lasts  in  succession,  namelj':  One  prolonged  blast  followed 
by  two  short  blasts.  A  vessel  towed  may  give  this  signal 
and  she  shall  not  give  any  other. 

Sailing  vessels  and  boats  of  less  than  twent}^  tons  gi"oss^.J^^.^'j,'^,j^*'|^,;|j\"^^' 
tonage  shall  not  be  obliged  to  give  the  al)ove-mentioned 
signal,  but,  if  they  do  not.  they  shall  make  some  other 
efficient  sound  signal  at  intervals  of  not  more  than  one 
minute. 


832  BUREAU    OF    NAVIGATION 

A'i!g!^iy!i8y6.       ^^'^-  ^^'  Evei\y  vessel  shall,  in  a  fog,  mist,  falling- snow, 
(wktat.,  326'.)   or  heavy  rain-storms,  go  at  a  moderate  speed,  having  care- 
ful regard  for  the  existing  circumstances  and  conditions. 

A  steam  vessel  hearing,  apparently  forward  of  her  beam, 
the  fog-signal  of  a  vessel  the  position  of  which  is  not 
ascertained  shall,  so  far  as  the  circumstances  of  the  case 
admit,  stop  her  engines,  and  then  navigate  with  caution 
until  danger  of  collision  is  over. 


IV. — Steering  and  Sailing  Rule* 


PRELIMINARY 

^_imiicatioii  of  JJ,isk  of  collision  can,  when  circumstances  permit,  be 
ascertained  by  carefully  watching  the  compass  bearing  of 
an  approaching  vessel.  If  the  bearing  does  not  appre- 
ciably change,  such  risk  should  be  deemed  to  exist. 
Sailing  vessels.  Art.  17.  When  two  Sailing  vessels  are  approaching  one 
another,  so  as  to  involve  risk  of  collision,  one  of  them 
shall  keep  out  of  the  way  of  the  other,  as  follows,  iiamel}': 

(a)  A  vessel  which  is  running  free  shall  keep  out  of  the 
way  of  a  vessel  which  is  close-hauled. 

(b)  A  vessel  which  is  close-hauled  on  the  port  tack  shall 
keep  out  of  the  way  of  a  vessel  which  is  close-hauled  on 
the  starboard  tack. 

(c)  When  both  are  running  free,  with  the  wind  on  dif- 
ferent sides,  the  vessel  which  has  the  wind  on  the  port 
side  shall  keep  out  of  the  way  of  the  other. 

(d)  When  both  are  running  free,  with  the  wind  on  the 
same  side,  the  vessel  which  is  to  the  windward  shall  keep 
out  of  the  way  of  the  vessel  which  is  to  the  leeward. 

(e)  A  vessel  which  has  the  wind  aft  shall  keep  out  of  the 
way  of  the  other  vessel. 

steam  vessels.  Art.  18.  When  two  steam-vessels  are  meeting  end  on, 
or  nearly  end  on,  so  as  to  involve  risk  of  collision,  each 
shall  alter  her  course  to  starboard,  so  that  each  may  pass 
on  the  port  side  of  the  other. 

This  article  only  applies  to  cases  where  vessels  are  meet- 
ing end  on,  or  nearly  end  on,  in  such  a  manner  as  to  involve 
risk  of  collision,  and  does  not  apply  to  two  vessels  which 
nmst,  if  ))oth  keep  on  their  respective  courses,  pass  clear 
of  each  other. 

The  only  cases  to  which  it  does  apply  are  when  each  of 
the  two  vessels  is  end  on,  or  nearly  end  on,  to  the  other;  in 
other  words,  to  cases  in  which,  by  day,  each  vessel  sees  the 
masts  of  the  other  in  a  line,  or  nearly  in  a  line,  with  her 
own;  and  by  night,  to  cases  in  which  each  vessel  is  in  such 
a  position  as  to  see  ])oth  the  side-lights  of  the  other. 

It  does  not  apply  I)}^  day  to  cases  in  which  a  vessel  sees 
another  ahead  crossing  her  own  course;  or  by  night,  to 
cases  where  the  red  light  of  one  vessel  is  opposed  to  the 
red  light  of  the  other,  or  where  the  green  light  of  one  vessel 


BUREAU    OK    NAVIGATION  333 

is  opposed  to  the  o-roon  lioht  of  the  other,  oi'  wheic  a  red 
liolit  without  a  i^riMMi  liiilit,  or  a  oi'een  lij^lit  without  a  red 
li*;ht,  is  seen  ahead,  or  where  hoth  i;reeii  and  red  lights  are 
seen  anywhere  but  aliead. 

AuT.  li>.   When  two  steam-vessels  are  crossino-,  so  as  ^o ^J^l!^^^^!^^^^^'''^^' 
involve  risk  ot  eoUision,  the  vessel  which  has  the  other  on 
her  own  starboard  side  shall  keep  out  of  the  way  of  the 
other. 

Art.  20.   \Vhen  a  steam-vessel  and  a  sailino--vessel  arc  ,'^tr',""  viss^i 

J.  .  1     T  i.-  .       •  I  •    I    ''i-        II-    •  shall  kt'cp  out  ol 

proeeecluio-  m  such  directions  as  to  involve  risk  of  collision,  tho  way  of  suii- 
the  steam-vessel  shall   keep  out  of  the  way  of  the  sailini;-- '"'^^^''*'^'^'" 
vessel. 

Art.  21.    \Vher(\  by  any  of  these  rules,  one  of  two  vessels  ^p^;^^," '"■'"'   '^"'^ 
is  to  keep  out  of  the  wav  the  other  shall  keei)  her  course    Ma!/2s,  is%. 
and  speed.  ^  iessMt.,s..) 

Note. — When,  in  consequence  of  thick  weather  or  other 
causes,  such  xessel  tinds  herself  so  close  that  collision  can 
not  be  avoided  by  the  action  of  the  giving'- way  vessel  alone, 
she  also  shall  take  such  action  as  will  best  aid  to  avert  col- 
lision.    (See  articles  twent3'-seven  and  twenty-nine.) 

Art.  22.  Every  vessel  which  is  dircM-ted  ))y  these  rules  J^fPy^f^'J}^'^- 
to  keep  out  of  the  way  of  another  vessel  shall,  if  the  cir-    (•^<!Stnt.,h7.) 
cumstances  of  the  case  admit,  avoid  crossing  ahead  of  the 
other. 

xVrt.  23.  Eveiy  steam- vessel  which  is  directed  liy  these  ^h^^^^"^  Jif^^.'J.'e'i'i 
rules  to  keep  out  of  the  way  of  another  vessel  shall,  on  spewi. 
api)roaching  her,  if  necessary,  slacken  her  speed  or  stop 
or  reverse. 

Art.  24.  Notwithstanding  anything- contained  in  these  vesslis.'^*'^'^'"^ 
rules  every  vessel,  overtaking  any  other,  shall  keep  out  of 
the  way  of  the  overtaken  vessel. 

Every  vessel  coming  up  with  another  vessel  from  any 
direction  more  than  two  points  abaft  her  beam,  that  is,  in 
such  a  position,  with  reference  to  the  vessel  which  she  is 
overtaking  that  at  night  she  would  be  unal)le  to  see  either 
of  that  vessel's  side-lights,  shall  be  deemed  to  be  an  over- 
taking vessel;  and  no  subsecpient  alteration  of  the  bearing 
between  the  two  vessels  shall  make  the  overtaking  vessel 
a  crossing  vessel  within  the  meaning  of  these  rules,  or 
relieve  her  of  the  duty  of  keeping  clear  of  the  overtaken 
vessel  until  she  is  finally  past  and  clear. 

As  by  da}^  the  overtaking  vessel  can  not  always  know 
with  certaint}^  whether  she  is  forward  or  al)aft  this  direc- 
tion from  the  other  vessel  she  should,  if  in  doubt,  assume 
that  she  is  an  overtaking  vessel  and  keep  out  of  the  way. 

Art.  25.  In  narrow  channels  every  steam- vessel  shall.    Narrow  cium- 
when  it  is  safe  and  practicable,  keep  to  that  side  of  the 
fair-wav  or  mid-channel  which  lies  on  the  starboard  side 
of  such  vessel. 

Art.  26.  Sailing  vessels  under  way  shall  keep  out  of  the    R'^kM  of  way 

,.         .1.  "      ,  ,         i.     J-    I   •  •l.^  \.  I-  of  fishing  vussfls. 

way  ot  sailing  vessels  or  boats  nshing  with  nets,  or  lines, 
or  trawls.     This  rule  shall  not  give  to  any  vessel  or  boat 


834 


BUREAU    OF    NAVIGATION 


(ii'iiural    pru- 
dential nik'. 


Sound  signals 
for  ]>  a  s  s  i  n  g 
steamers. 


Precaution. 


Distresssipnal 
Mai/  -^s,  isu',. 
{2S  Stat.,  So.) 


engaged  in  tishing  the  right  of  ob.structing  a  fair-way  used 
by  vessels  other  than  lishing  vessels  or  boats. 

Akt.  27.  In  obeying  and  construing  these  ruU's  due 
regard  shall  be  had  to  all  dtmgers  of  navigation  and  col- 
lision, and  to  any  special  circumstances  Avhich  may  render 
a  departui-e  from  the  above  rules  necessary  in  order  to 
avoid  immediate  danger. 

Art.  28.  The  words  ''short  blast""  used  in  this  article 
shall  mean  a  blast  of  about  one  second's  duration. 

When  vessels  are  in  sight  of  one  another,  a  steam-vessel 
under  way,  in  taking  any  course  authorized  or  required 
by  these  rules,  shall  indicate  that  course  by  the  following 
signals  on  her  whistle  or  siren,  namely: 

One  short  blast  to  mean,  ""I  am  directing  my  course  to 
starboard." 

Two  short  blasts  to  mean,  ''I  am  directing  my  course  to 
port." 

Three  short  blasts  to  mean,  "My  engines  are  going  at 
full  speed  astern." 

Art.  29.  Nothing  in  these  rules  shall  exonerate  any  ves- 
sel or  the  owner  or  master  or  crew  thereof,  from  the  con- 
sequences of  any  neglect  to  carry  lights  or  signals,  or  of 
any  neglect  to  keep  a  proper  lookout,  or  of  the  neglect  of 
any  precaution  which  may  be  required  by  the  ordimuy 
practice  of  seamen,  or  by  the  special  circumstances  of  the 
case. 

Art.  30.  Nothing  in  these  rules  shall  interfere  with  the 
operation  of  a  special  rule,  dul}"  made  by  local  authority, 
relative  to  the  navigation  of  any  harbor,  river,  or  inland 
waters. 

Art.  31.  When  a  vessel  is  in  distress  and  requires  assist- 
ance from  other  vessels  or  from  the  shore  the  following 
shall  be  the  signals  to  be  used  or  displayed  by  her,  either 
together  or  separately,  namely: 

In  the  daytime — 

First.  A  gun  or  other  explosive  signal  tired  at  intervals 
of  about  a  minute. 

Second.  The  international  code  signal  of  distress  indi- 
cated l)y  N  C. 

Third.  The  distance  signal,  consisting  of  a  square  flag, 
having  either  al)ove  or  ))elow  it  a  ball  or  an3'thing  resem- 
bling a  ball. 

Fourth.  A  continuous  sounding  with  any  fog-signal 
ap})aratus. 

At  night — 

First.  A  gun  or  other  explosive  signal  tired  at  intervals 
of  about  a  minute. 

Second.  Flames  on  the  vessel  (as  from  a  burning  tar 
barrel,  oil  barrel,  and  so  forth). 

Third.  Rockets  or  shells  throwing  stars  of  an}-  color  or 
description,  lired  one  at  a  time,  at  short  intervals. 

Fourth.  A  continuous  sounding  with  any  fog-signal 
apparatus. 


BUREAU    OK    NAVHSATION  8^5 

Tlio  Secretary  of  State  is  luM-chy  autliori/ed  to  _recon-,/;;'j;f^;;';™!;«" 
V(Mie  the  (1(^leu:it(\s  ot  (lit>  Tiiited  States  to  tlu>  A\'asliinoton    W).  r.,  mr,. 
IiiterMatii)iial  MariiK"  Conference  of  eiiihtccii  liiuulrcMl  and 
cinlitx  -nine,  Avlienc\ cr  in  iiis  judonKMit  it  is  exixnlicnt,  for 
the  furthiM-  consideration  of  ruh's  (o  prc\ent  collisions  at 
->i'a  and  in  tiie  waters  of  the  I'nited  States. 

I.M.ANI)    liri.KS    OK    1S97 

The  following;"  re^-ulations  for  prev(Mitin<i"  collision  shall  Juvr7,is97. 
he  foUowcnl  hy  all  vessels  navioatinu- all  hai'!»oi"s,  rivers,  ^ecA""''^ 
and  inland  waters  of  the  United  States,  except  the  (ireat 
Lakes  and  their -connectino"  and  tributary  waters  as  far 
castas  Montreal  and  the  Red  River  of  the  North  and  rivers 
eniptyinii"  into  the  (rulf  of  Mexico  and  their  tributaries, 
and  are  hercb}"  declared  special  rules  duly  made  by  local 
authority. 

Ever}-  pilot,  engineer,  mate,  or  master  of  any  steam-  .scc.  s. 
vessel,  and  every  master  or  mate  of  any  barge  or  canal- 
boat,  who  neglects  or  refuses  to  observe  the  provisions  of 
this  Act,  or  the  regulations  established  in  pursuance  of  the 
preceding  section  [see  section  2,  page  387],  shall  be  liable 
to  a  penalty  of  fifty  dollars,  and  for  all  damages  sustained 
by  any  passenger  in  his  person  or  baggage  by  such  neglect 
or  refusal:  Provided^  That  nothing  herein  shall  i-elieve  any 
vessel,  owner  or  corporation  from  any  liability  incurred 
l)y  reason  of  such  neglect  or  refusal. 

Every  vessel  that  shall  be  navigated  w'ithout  complying  secu. 
with  the  provisions  of  this  Act :  hall  be  liable  to  a  penalty 
of  two  hundred  dollars,  one-half  to  go  to  the  informer,  for 
which  sum  the  vessel  so  navigated  shall  ])e  liable  and  may 
be  seized  and  proceeded  against  by  action  in  any  district 
court  of  the  United  States  having  jurisdiction  of  the  offense. 

I. — Preliminary 

In  the  following  rules  every  steam  vessel  which  is  under 
sail  and  not  under  steam  is  to  be  considered  a  sailing-ves- 
sel, and  every  vessel  under  steam,  whether  under  sail  or 
not,  is  to  be  considered  a  steam  vessel. 

The  w^ord  "steam-vessel"'  shall  include  any  vessel  pro- 
[xdled  by  machinery. 

A  vessel  is  ''under  wav,''  within  the  meaning  of  these 
rules,  when  she  is  not  at  anchor,  or  made  fast  to  the  shore, 
or  aground. 

II. — Lights  and  so  forth 

The  word  "visible''  in  these  rules,  when  applied  to  lights, 
>hall  mean  visible  on  a  dark  night  with  a  clear  atmosphere. 

Articlk  1.  The  rules  concerning  lights  shall  be  com- 
plied with  in  all  weathci's  from  sunset  to  sunrise,  and  dur- 
ing such  time  no  other  lights  which  may  be  mistaken  for 
the  prescribed  lights  shall  be  exhil)ited. 

Art.  2.   A  steam-vessel  when  undin-  way  shall  carry —    Rteani  yo-- 
(a)  On  or  in  front  of  the  foremast,  or,  if  a  vessel  without  a  uj^htr'""^  "^ " ' 


336  BUREAU    OF    NAVIGATION 

foremast,  then  in  the  forepart  of  the  vessel,  a  brio-ht  white 
light  fso  constructed  as  to  show  an  unbroken  light  over  an 
arc  of  the  horizon  of  twenty  points  of  the  compass,  so  fixed 
as  to  throw  the  light  ten  points  on  each  side  of  the  vessel, 
namely,  from  right  ahead  to  two  points  abaft  the  beam  on 
either  side,  and  of  such  a  character  as  to  be  visible  at  a 
distance  of  at  least  five  miles. 
stefim  yes-  i]))  Q^  ^he  starboard  side  a  green  light  so  constructed  as 
to  show  an  unbroken  light  over  an  arc  of  the  horizon  of 
ten  points  of  the  compass,  so  fixed  as  to  throw  the  light 
from  right  ahead  to  two  points  a1)aft  the  l)eam  on  the  star- 
board side,  and  of  such  a  character  as  to  l)e  visible  at  a 
distance  of  at  least  two  miles.    ' 

(c)  On  the  port  side  a  red  light  so  constructed  as  to  show 
an  unbroken  light  over  anarc  of  the  horizon  of  ten  points 
of  the  compass,  so  fixed  as  to  throw  the  light  from  right 
ahead  to  two  points  abaft  the  beam  on  the  port  side,  and 
of  such  a  character  as  to  be  visible  at  a  distance  of  at  least 
two  miles. 

(d)  The  said  green  and  red  side-lights  shall  l)e  fitted 
with  inboard  screens  projecting  at  least  three  feet  forward 
from  the  light,  so  as  to  prevent  these  lights  from  being- 
seen  across  the  bow. 

se^Ks^— ™aVRe     (^)  ^  sca-going  stcam-vcssel  when  under  waj'  maj''  carry 
lights.  an   additional  white  light  similar  in  construction  to  the 

light  mentioned  in  subdivision  (a).  These  two  lights  shall 
be  so  placed  in  line  with  the  keel  that  one  shall  l)e  at  least 
fifteen  fc^et  higher  than  the  other,  and  in  such  a  position 
with  reference  to  each  other  that  the  lower  light  shall  be 
forward  of  tlie  upper  one.  The  vertical  distance  between 
these  lights  shall  be  less  than  the  horizontal  distance. 

(f)  All  steam-vessels  (except  seagoing  vessels  and  ferry- 
boats), shall  carry  in  additi(m  to  green  and  red  lights  re- 
quired by  article  two  (b),  (c),  and  screens  as  required  by 
article  two  (d),  a  central  range  of  two  white  lights;  the 
after-light  being  carried  at  an  elevation  at  least  fifteen 
feet  above  the  light  at  the  head  of  the  vessel.  The  head- 
light shall  be  so  constructed  as  to  show  an  unbroken  light 
through  twenty  points  of  the  comptiss,  namely,  from  right 
ahead  to  two  points  aljaf  t  the  beam  on  cither  side  of  the 
vessel,  and  the  after-light  so  as  to  show  all  around  the 
horizon. 
,Sit'^^,.„w^^''  Art.  3.  A  steam-Vessel  when  towing  another  vessel  shall, 
in  addition  to  her  side-lights,  carry  two  bright  white  lights 
in  a  vertical  line  one  over  the  other,  not  less  than  three 
feet  apart,  and  when  towjng  more  than  one  vessel  shall 
carry  an  additional  bright  white  light  three  feet  above  or 
below  such  lights,  if  the  length  of  the  tow  measuring  from 
the  stern  of  the  towing  vessel  to  the  stern  of  the  last 
vessel  towed  exceeds  six  hundred  feet.  Each  of  these 
lights  shall  be  of  the  same  construction  and  character,  and 
shall  be  carried  in  the  same  position  as  the  white  light 
mentioned  in  article  two  (a)  or  the  after  range  light  men- 
tioned in  article  two  (f). 


when  towing. 


BITREAU    OF    NAVIGATION  337 

Sucn  stoani  vessels  may  curry  a  small  Avhito  liolit  al)aft 
the  funnel  oi"  at'tcMiiiast  for  the  vessel  towed  to  steer  by,  Imt 
>vueh  light  shall  not  be  visil)le  forward  of  the  beam. 

Art.  5.  A  sailing-vessel  under  way  or  ])eing  towed  shall.  Lights  for  saii- 
carry  thesam(>  lights  as  are  prescribed  by  ai'ticle  two  for  a  vcLIs tu  tow.'"* 
steam-vessel  under  way,  with  the  exception  of  the  white 
lights  mentioned  therein,  which  they  shall  never  carry. 

The  supervising   ins))ectors  of  steam-vessels   and   the    i-isiits    for 

.-,  •    •  I  '     J  Ji  1       1      11  1.    1  1  •    u  1  I        f  f  r  r  V  -  boil  ts, 

!^ul)ervlslng  InspcH'tor-Cieneral  sliall  estal)lisn  such  rules  b  n  ifjes,  nnd 
to  be  observed   by  steam  vessels    in   passing  each  other  ^"^^"'"^''"^^'*  '° 
and  as  to  the  lights  to  ))e  carried  by  t'err3'-boats  and  by    •'''tc.  ~'. 
barges  and  canal-boats  wheu  in  tow  of  steam-vessels,  not 
inconsistent  with  the  provisions  of  this  Act,  as  they  from 
time  to  time  may  deem  necessary  for  safety,  which  rules 
when  approved  by  the  Secretary  of  Commerce  and  Labor, 
are  hereby  declared  special  rules  duly  made  by  local  au- 
thority, as  ]irovided  for  in  article  thirty  of  chapter  eight 
hundredandtwoof  the  laws  of  eighteen  hundred  and  ninety. 
Two  printed  copies  of  such  rules  shall  be  furnished  to  such 
ferry-boats  and  steam-vessels,  which  rules  shall  be  kept 
posted  up  in  conspicuous  places  in  such  vessels. 

Art.  H.  Whenever,  as  in  the  case  of  vessels  of  less  than  Lights forsmaii 
ten  gross  tons  under  way  during  bad  weather,  the  green 
and  red  side-lights  can  not  be  fixed,  these  lights  shall  be 
kept  at  hand,  lighted  and  read}^  for  use;  and  shall,  on  the 
approach  of  or  to  other  vessels,  lie  exhibited  on  their 
respective  sides  in  sufficient  time  to  prevent  collision,  in 
such  manner  as  to  make  them  most  visible,  and  so  that  the 
green  light  shall  not  be  seen  on  the  port  side  nor  the  red 
light  on  the  starboard  side,  nor,  if  practicable,  more  than 
two  points  abaft  the  beam  on  their  respective  sides.  To 
make  the  use  of  these  portable  lights  more  certain  and 
easy  the  lanterns  containing  them  shall  each  be  painted 
outside  with  the  color  of  the  light  thc}^  respectively  con- 
tain, and  shall  be  provided  with  proper  screens. 

Art.  T.  Rowing  boats,  whether  under  oars  or  sail,  shall 
have  ready  at  hand  a  lantern  showing  a  white  light  which 
shall  be  temporarily  exhibited  in  sufficient  time  to  prevent 
collision. 

Art,  8.  Pilot- vessels  when  engaged  on  their  stations  on  ^e^sfls'* ^'"' p''°' 
pilotage  duty  shall  not  show  the  lights  required  for  other 
vessels,  but  shall  carry  a  white  light  at  the  masthead,  vis- 
ible all  around  the  horizon,  and  shall  also  exhibit  a  flare-up 
light  or  ilare-up  lights  at  short  intervals,  which  shall  never 
exeeed  fifteen  miiuites, 

(3n  the  near  approach  of  or  to  other  vessels  they  shall 
have  their  side-lights  lighted,  ready  for  use,  and  shall  flash 
or  show  them  at  short  intervals,  to  indicate  the  direction 
in  which  they  are  heading,  but  the  green  light  shall  not 
be  shown  on  the  port  side  nor  the  red  light  on  the  star- 
board side. 

A  pilot-vessel  of  such  a  class  as  to  be  obliged  to  go 
alongside  of  a  vessel  to  put  a  pilot  on  board  may  show  the 
27628—04 22 


338  BUREAU    OF    NAVIGATION 

white  light  instead  of  cariTing  it  at  the  iiuisthead,  and 
may,  instead  of  the  colored  lights  above  mentioned,  have 
at  hand,  ready  for  use,  a  lantern  with  a  green  glass  on  the 
one  side  and  a  red  glass  on  the  other,  to  be  used  as  pre- 
scribed above. 

Pilot- vessels,  when  not  engaged  on  their  station  on  pilot- 
age duty,  shall  carry  lights  similar  to  those  of  other  ves- 
sels of  their  tonnage. 

Feb.  If),  1900.        A  steam  pilot  vessel,  when  engaged  on  her  station  on 

^cfT'l^^'^  pilotage  duty  and  in  waters  of  the  United  States,  and  not 
at  anchor,  shall,  in  addition  to  the  lights  required  for  all 
pilot  boats,  carr}"  at  a  distance  of  eight  feet  below  her  white 
masthead  light  a  red  light,  visible  all  around  the  horizon 
and  of  such  a  character  as  to  be  visil)le  on  a  dark  night  with 
a  clear  atmosphere  at  a  distance  of  at  least  two  miles,  and 
also  the  colored  side  lights  required  to  be  carried  by  vessels 
when  under  way. 

When  engaged  on  her  station  on  pilotage  duty  and  in 
waters  of  the  United  States,  and  at  anchor,  she  shall  carry 
in  addition  to  the  lights  required  for  all  pilot  Ijoats  the  red 
light  above  mentioned,  but  not  the  colored  side  lights. 

When  not  engaged  on  her  station  on  pilotage  duty,  she 
shall  carry  the  same  lights  as  other  steam  vessels. 

Lights,  etc.,  of     Art.  9.  (a)  Fishing-vessels  of  less  than  ten  g-ross  tons, 
^^!7Mnl^?Tw.'    when  under  wa3^  and  when  not  having  their  nets,  trawls, 

(SO  Stat.,  ys.)  tlredges,  or  lines  in  the  water,  shall  not  be  obliged  to  carry 
the  colored  side-lig'hts;  but  every  such  vessel  shall,  in  lieu 
thereof,  have  ready  at  hand  a  lantern  with  a  green  glass  on 
one  side  and  a  red  glass  on  the  other  side,  and  on  approach- 
ing to  or  being-  approached  by  another  vessel  such  lantern 
shall  be  exhibited  in  sufficient  time  to  prevent  collision,  so 
that  the  green  light  shall  not  be  seen  on  the  port  side  nor 
the  red  light  on  the  starboard  side. 

(b)  All  tishing- vessels  and  tishing-boats  of  ten  gross  tons 
or  upward,  when  under  way  and  when  not  having  their 
nets,  trawls,  dredges,  or  lines  in  the  water,  shall  carry  and 
show  the  same  lights  as  other  vessels  under  way. 

(c)  All  vessels,  when  trawling,  dredging,  or  fishing  with 
any  kind  of  drag-nets  or  lines,  shall  exhibit,  from  some 
part  of  the  vessel  where  they  can  be  best  seen,  two  lights. 
One  of  these  lights  shall  l)e  red  and  the  other  shall  be 
white.  The  red  light  shall  l)e  above  the  white  light,  and 
shall  be  at  a  vertical  distance  from  it  of  not  less  than  six 
feet  and  not  more  than  twelve  feet;  and  the  horizontal 
distance  between  them,  if  any,  shall  not  ))e  more  than  ten 
feet.  These  two  lights  shall  be  of  such  a  character  and 
contained  in  lanterns  of  such  construction  as  to  be  visible 
all  round  the  horizon,  the  white  light  a  distance  of  not 
less  than  three  miles  and  the  red  light  of  not  less  than  two 
miles. 

Lights  for  rafts,      (d)  Rafts,  or  othcr  water  craft  not  herein  provided  for, 

providedfon"°' navigating  b}^  hand  power,  horse  i)ower,  or  by  tlie  current 

of  the  river,  shall  carry  one  or  more  good  white  lights, 


BUREAU    OF    NAVIGATION  339 

wliicli  shall  lie  placed  in  such  inauncr  as  shall  l)o  ])roscrilu'cl 
by  tho  Hoard  of  Sii]MM-visiMi>-  Inspectors  of  JSteani  Vessels. 

AuT.  10.  A  vessel  which  is  heino-  ovortakon  V 'i"<^^t]ier,  ,,^|:j.'j/,'^^,,/^.'^^^;^',[' 
except  a  steani-vossel  with  an  aftt^'  rani>e-lio-lit  showinj^ 
all  around  the.  horizon,  shall  throw  from  her  stern  to  such 
last-mentioned  vessel  a  white  liy"ht  or  a  tlare-up  lijiht. 

Akt.  11.  A  vessel  under  one  hundred  and  fifty  feet  in  Anchor  liKius. 
length,  when  at  anchor,  shall  cairv  forward,  Avhere  it  can 
best  be  seen,  but  at  a  height  not  exceeding*-  twenty  feet 
al)ove  th(>  hull,  a  white  liyht  in  a  lantern  so  constructed 
as  to  show  a  clear,  uniform,  and  uid)roken  lioht  visible  all 
around  the  horizon  at  a  distance  of  at  least  one  mile. 

A  vessel  of  one  hundred  and  fifty  feet  or  upwards  in 
len^'th  when  at  anchor  shall  carry  in  the  forward  part  of 
tho  vessel,  at  a  hei^'ht  of  not  less  than  twenty  and  not 
exceedinii'  forty  feet  al)ove  the  hull,  one  such  lig'ht,  and  at 
or  near  th(>  stern  of  the  vessel,  and  at  such  a  height  that 
it  shall  be  not  less  than  fifteen  feet  lower  than  the  forward 
li^ht,  another  such  liy-ht. 

T\w  leno-th  of  a  vessel  shall  ))e  deemed  to  be  the  leng-th 
appearini;-  in  her  certificate  of  reg-istry. 

Akt.  12.   Every  vessel  mav,  if  necessary,  in  order  to  special  signals. 
attract  attention,  in  addition  to  the  lights  which  she  is  by 
these  rules  reipiired  to  carry,  show  a  tlare-up  light  or  use 
any  detonating  signal  that  cannot  be  mistaken  for  a  distress 
signal. 

Art.  13.  Nothing  in  these  rules  shall  interfere  with  the  axu\^\t'oglfum\ 
operation  of  any  special  rules  made  i)v  the  Clovernment  of '^'s'la's- 
any  ntition  with  respect  to  additional  station  and  signal 
lights  for  two  or  more  ships  of  war  or  for  vessels  sailing 
under  convoy,  or  with  the  exhibition  of  recognition  sig- 
nals adopted  by  shipowners,  which  have  been  authorized 
by  their  respective  Governments,  and  duly  registered  and 
published. 

Akt.  14.  A  steam- vessel  proceeding  under  sail  only,  hut  ^j,^|||^'"jj^j[''^^j*^! 
having  her  funnel  up,  may  carry  in  daytime,  forward,  day. 
where  it  can  best  be  seen,  one  black  ball  or  shape  two  feet 
in  diameter. 

III. — Sound  Signals  in  Fog,  etc. 

PKELIMINAKY 

Art.  15.  All  signals  prescribed  by  this  article  for  vessels 
under  way  shall  be  given: 

1.  By  ""steam-vessels"  on  the  whistle  or  siren. 

2.  By  "  sailing-vessels"  and  "  vessels  towed "  on  the  fog 
horn. 

The  words  "prolonged  blast"  used  in  this  article  shall 
mean  a  l)last  of  fi'om  four  to  six  seconds  duration. 

A  steam-vess(d  shall  be  provided  with  an  elHcient  whistle 
or  siren,  sounded  l»y  steam  or  by  some  sul)stitute  for  steam, 
so  placed  that  the  sound  may  not  l)e  intercepted  l)y  any 


340  BUKEAU    OF    NAVIGATION 

obstruction,  and  with  an  efficient  fog-  horn;  also  with  an 
efficient  bell.  A  sailing-vessel  of  twenty  tons  gross  ton- 
nage or  upward  shall  be  provided  with  a  similar  fog  horn 
and  ])ell. 

In  fog,  mist,  falling  snow,  or  heavy  rainstorms,  whether 
by  da}^  or  night,  the  signals  described  in  this  article  shall 
be  used  as  follows,  namely: 

steam    vessel     (a)  A  stcam-vesscl  underway  should  sound,  atinvervals 
of  not  iliore  than  one  minute,  a  prolonged  blast. 

Sail  vessel  un-  (c)  A  Sailing  vcsscl  uiidcr  way  shall  sound,  at  intervals 
of  not  more  than  one  minute,  when  on  the  starboard  tack, 
one  blast;  when  on  the  port  tack,  two  blasts  in  succession, 
and  when  with  the  wind  abaft  the  beam,  three  blasts  in 
succession. 
choT^m^iwt  un-  (^)  ^  vcsscl  whcu  at  auchor  shall,  at  intervals,  of  not 
der  way.  more  than  one  minute,  ring  the  bell  rapidly  for  about  live 

seconds. 

Vessels  towing     (e)  A  steam-vesscl  when  towing,  shall,  instead  of  the  sig- 
or  towed.  j^^j^  prescribed  in  subdivision  (a)  of  this  article,  at  intervals 

of  not  more  than  one  minute,  sound  three  blasts  in  succes- 
sion, namely,  one  prolonged  blast  followed  by  two  short 
blasts.  A  vessel  towed  may  give  this  signal  and  she  shall 
not  give  an}'  other. 

Rafts,  or  other     (f )  All  rafts  Or  othcr  water  craft,  not  herein  provided 

craft  not  provia-  ,.        '  •        , .         ■       t  i  i  i       j_i 

ed  for.  tor,  navigatiug  by  liand  power,  horse  power,  or  by  the  cur- 

rent of  the  river,  shall  sound  a  blast  of  the  fog-horn,  or 
equivalent  signal,  at  intervals  of  not  more  than  one  minute. 
Speed  in  fog.  Art.  16.  Every  vessel  shall,  in  a  fog,  mist,  falling  snow, 
or  heavy  rainstorms,  go  at  a  moderate  speed,  having  care- 
ful regard  to  the  existing  circumstances  and  conditions. 

A  steam-vessel  hearing,  apparently  forward  of  her  beam, 
the  fog-signal  of  a  ^'essel  the  position  of  which  is  not  ascer- 
tained shall,  so  far  as  the  circumstances  of  the  case  admit, 
stop  her  engines,  and  then  navigate  with  caution  until 
danger  of  collision  is  over. 

IV. — Steering  and  Sailing  Rules 

PRELIMINARY 

Risk  of  collision  can,  when  circumstances  permit,  be 
ascertained  by  carefully  watching  the  compass  bearing  of 
an  approaching  vessel.  If  the  bearing  does  not  apprecia- 
bly change,  such  risk  should  be  deemed  to  exist. 
Sailing  vessels.  Art.  17.  When  two  Sailing- vesscls  are  approachiiig  onc 
another,  so  as  to  involve  risk  of  collision,  one  of  them 
shall  keep  out  of  the  wa}^  of  the  other  as  follows,  namely: 

(a)  A  vessel  which  is  running  free  shall  keep  out  of  the 
way  of  a  vessel  which  is  close-hauled. 

(b)  A  vessel  which  is  close-hauled  on  the  port  tack  shall 
keep  out  of  the  wa}'  of  a  vessel  which  is  close-hauled  on 
the  starboard  tack. 


BUREAU    OF    NAVIGATION  341 

((•)  Whoii  ])oth  avo  rnimiiio-  froo,  witli  th<^  wind  on  diffor- 
ent  .sidos,  tlio  vessel  which  has  the  wind  on  the  port  side 
shiill  keep  out  of  the  way  of  the  other. 

(d)  When  both  arc  runnino"  free,  with  the  wind  on  the 
same  side,  the  vessel  which  is  to  the  w'indward  shall  keep 
out  of  the  way  of  the  vessel  which  is  to  the  leeward. 

(e)  A  vess(d  which  has  the  wind  aft  shall  keep  out  of  the 
way  of  the  other  vessel. 

Akt.  IS.  Rii,K  1.  When  steam-vessels  are  approaching  steam  vessels. 
each  other  head  and  head,  that  is,  end  on.  or  nearly  so,  it 
shall  he  the  duty  of  each  to  pass  on  the  port  side  of  the 
other:  and  either  \(>ssid  shall  i>ive,  as  a  si<>"nal  of  her  inten- 
tion, one  shoi-t  and  distinct  blast  of  her  whistle,  which  the 
other  vessel  shall  answ^er  promptl}'  by  a  similar  l)last  of 
her  whistle,  and  thereupon  such  vessels  shall  pass  on  the 
port  side  of  each  other.  But  if  the  courses  of  such  vessels 
are  so  far  on  the  star))()ard  of  each  other  as  not  to  be  con- 
sidered as  meeting-  head  and  head,  either  vessel  shall  im- 
mediately oi\e  two  short  and  distinct  blasts  of  her  whistle, 
which  the  other  vessel  shall  answer  promptly  by  two  simi- 
lar blasts  of  her  whistle,  and  they  shall  pass  on  the  star- 
board side  of  each  other. 

The  foreofoing  only  applies  to  cases  where  vessels  are 
meeting  end  on  or  nearly  end  on,  in  such  a  manner  as  to 
involve  risk  of  collision;  in  other  words,  to  cases  in  which, 
by  day.  each  vessel  sees  the  masts  of  the  other  in  a  line,  or 
nearly  in  a  line,  with  her  own,  and  by  night  to  cases  in 
which  each  vessel  is  in  such  a  position  as  to  see  both  the 
sididights  of  the  other. 

It  does  not  apply  by  day  to  cases  in  which  a  vessel  sees 
another  ahead  crossing  her  own  course,  or  by  night  to  cases 
where  the  red  light  of  one  vessel  is  opposed  to  the  red 
light  of  the  other,  or  where  the  green  light  of  one  vessel  is 
opposed  to  the  green  light  of  the  other,  or  where  a  red 
light  without  a  green  light  or  a  green  light  without  a  red 
light,  is  seen  ahead,  or  where  both  green  and  red  lights  are 
seen  anyw  hiM'e  but  ahead. 

RuLK  111.  If,  when  steam-vessels  are  approaching  each 
othei-.  either  vessel  fails  to  understand  the  course  or  inten- 
tion of  the  other,  from  any  cause,  the  vessel  so  in  doubt 
shall  immediately  signif}-  the  sanie  by  giving  several  short 
and  rapid  blasts,  not  less  than  four,  of  the  steam-whistle. 

Rule  V.  Whenever  a  steam-vessel  is  nearing  a  short 
bend  or  curve  in  the  channel,  where,  from  the  height  of 
the  l)anks  or  other  cause,  a  steam-vessel  approaching  from 
th(>  opposite  direction  can  not  be  seen  for  a  distance  of 
half  a  mile,  such  steam-vessel,  when  she  shall  have  arrived 
within  half  a  mile  of  such  curve  or  bend,  shall  give  a  signal 
by  one  long  blast  of  the  steam-w  histle,  which  signal  shall 
be  answered  ))y  a  similar  blast,  given  by  any  approaching 
steam-vessel  that  may  ])e  within  hearing.  Should  such 
signal  be  so  answered  by  a  steam-vessel  upon  the  farther 


342  BUREAU   OF   NAVIGATION 

side  of  such  bend,  then  the  usual  signals  for  meeting  and 
passing  shall  inmiediately  be  given  and  answered;  hut, 
if  the  iirst  alarm  signal  of  such  vessel  be  not  answered, 
she  is  to  consider  the  channel  clear  and  govern  herself 
accordingly. 

When  steam-vessels  are  moved  from  their  docks  or 
berths,  and  other  boats  are  liable  to  pass  from  any  direc- 
tion toward  them,  they  shall  give  the  same  signal  as  in  the 
case  of  vessels  meeting  at  a  bend,  lint  immediately  after 
clearing  the  l)erths  so  as  to  be  fully  in  sight  they  shall  be 
governed  by  the  steering  and  sailing  rules. 

Rule  VIII.  When  steam-vessels  are  running  in  the  same 
direction,  and  the  vessel  which  is  astern  shall  desire  to 
pass  on  the  right  or  starboard  hand  of  the  vessel  ahead, 
she  shall  give  one  short  l)last  of  the  steam- whistle,  as  a 
signal  of  such  desire,  and  if  the  vessel  ahead  answers  with 
one  blast,  she  shall  put  her  helm  to  port;  or  if  she  shall 
desire  to  pass  on  the  left  or  port  side  of  the  vessel  ahead, 
she  shall  give  two  short  blasts  of  the  steam-whistle  as  a 
signal  of  such  desire,  and  if  the  vessel  ahead  answers  with 
two  blasts,  shall  put  her  helm  to  starboard;  or  if  the  vessel 
ahead  does  not  think  it  safe  for  the  vessel  astern  to  at- 
tempt to  pass  at  that  point,  she  shall  immediately  signify 
the  same  by  giving  several  short  and  rapid  blasts  of  the 
steam-whistle,  not  less  than  four,  and  under  no  circum- 
stances shall  the  vessel  astern  attempt  to  pass  the  vessel 
ahead  until  such  time  as  they  have  reached  a  point  where 
it  can  be  safely  done,  when  said  vessel  ahead  shall  signify 
her  willingness  by  blowing  the  proper  signals.  The  ves- 
sel ahead  shall  in  no  case  attempt  to  cross  the  bow  or 
crowd  upon  the  course  of  the  passing  vessel. 

Rule  IX.  The  whistle  signals  provided  in  the  rules 
under  this  article,  for  steam-vessels  meeting,  passing,  or 
overtaking,  are  never  to  be  used  except  when  steamers  are 
in  sight  of  each  other,  and  the  course  and  position  of  each 
can  be  determined  in  the  daytime  by  a  sight  of  the  vessel 
itself,  or  by  night  by  seeing  its  signal  lights.  In  fog,  nust, 
falling  snow  or  heavy  rainstorms,  w-hen  vessels  can  not  see 
each  other,  fog-signals  only  must  be  given. 
Supplementary  'Phe  Supervising  inspectors  of  steam-vessels  and  the 
'^^iec.^'""*''  Supervising  Inspector-General  shall  establish  such  rules 
to  l)e  observed  by  steam-vessels  in  passing  each  other  and 
as  to  the  lights  to  be  carried  by  ferry-boats  and  l)y  liargcs 
and  canal-l)oats  when  in  tow  of  steam-vessels,  not  incon- 
sistent with  the  provisions  of  this  act,  as  they  from  time 
to  time  mav  deem  necessary  for  safety,  which  rules  when 
approved  l)v  the  Secretary  of  Commerce  and  Labor,  arc 
hereby  declared  special  rules  duly  made  by  local  authority, 
as  provided  for  in  article  thirty  of  chapter  eight  hundred 
and  two  of  the  laws  of  eighteen  hundred  and  ninety.  Two 
printed  copies  of  such  rules  shall  be  furnished  to  such 


BURKAir    OF    NAVIGATION  343 

tViTV-ltoats  and  stoaiii  vossols,  which   ruh\s  shall   ho  k(>pt 
nostod  up  ill  conspicuous  placccs  in  such  \csscls, 

Akt.  lit.    When  two  stcanj  vessels  are  crossino-,  so  as  t()  J^^^.^^il^'^.^^* 
involve  risk  of  collision,  the  vessel  which  has  the  other  on    ■,^y%/,/'']'j; . 
her  own  starboard  side  shall  keep  out  of  the  way  of  the 
other. 

Art.  20.  When  a  stcam-vessol  and  sailing-vessel  are  pro-  shairkwp  om  of 
ceedinj'"  in  such  directiojis  as  to  involve  risk  of  collision,  theP'«  way  of  suii- 

•  ^  .   •  iutr  vessel 

steam-vessel  shall  keep  out  of  the  wav  of  the  sailino-\'essel. 

Akt.  m.   Where,  l>y  any  of  th(>se"rules,  one  of  the  two.p^;!^,'""'''  ""'' 
vessels  is  to  kei^j)  out  of  the  way,  the  other  shall  keep  her 
course  and  speed. 

[See  articles  27  and  2!).] 

Akt.  22.   E\ery  vessel  which  is  directed  by  these  rules  to   (^rossingrahca.!. 
keep  out  of  the  way  of  another  vessel  shall,  if  the  circum- 
stances of  the  case  admit,  avoid  crossing-  ahead  of  the  other. 

Art.  28.  P^very  steam-vessel  which  is  directed  by  these  gj^i^^jim  v^e^ssejs 
rules  to  keep  out  of  the  wa}'  of  another  vessel  shall,  on  .speed  or  stop. 
approaching  her,  if  necessary,  slacken  her  speed  or  stop 
or  reverse. 

Art.  24.  Notwithstanding  anything  contained  in  these    overtaking 
rules  every  vessel,  overtaking  any  other,  shall  keep  out  of 
the  way  of  the  overtaken  vessel. 

Ever}'  vessel  coming  up  with  another  vessel  from  any 
direction  more  than  two  points  abaft  her  beam,  that  is,  in 
such  a  position,  with  reference  to  the  vessel  which  she  is 
overtaking  that  at  night  she  would  be  unable  to  see  eithen 
of  that  vessel's  side-lights,  shall  be  deemed  to  be  an  over- 
taking vessel;  and  no  subsequent  alteration  of  the  bearing 
between  the  two  vessels  shall  make  the  overtaking  vessel 
a  crossing  vessel  within  the  meaning  of  these  rules,  or 
relieve  her  of  the  duty  of  keeping  clear  of  the  overtaken 
vessel  until  she  is  finally  past  and  clear. 

As  by  day  the  overtaking  vessel  can  not  alwa^'s  know 
with  certainty  whether  she  is  forward  of  or  abaft  this 
direction  from  the  other  vessel  she  should,  if  in  doubt, 
assume  that  she  is  an  overtaking  vessel  and  keep  out  of 

the  way.  X-irrox       h 

Art.  2.').  In  narrow  channels  every  steam-vessel  shall,  neis'!^'^"^^ 
when  it  is  safe  and  practicable,  keep  to  that  side  of  the 
fair-way  or  mid-channel  which  lies  on  the  starboard  side 
of  such  vessel. 

Art.  26.  Sailing-vessels  under  way  shall  keep  out  of    Ri|V<'*  ^f  y^y 
the  wav  of  sailing-vessels  or  boats  tishing  with  nets,  or°  "^""^^ esses. 
lines  or  trawls.     This  rule  shall  not  give  to  any  vessel  or 
l;oat  engaged  in  fishing  the  right  of  obstructing  a  fair-w^ay 
used  l)y  vessels  other  than  fishing-vessels  or  boats. 

Art.  27.  In  ol)eving  and  construing  these  rules  due  re-    General  pra- 
gard  shall  be  had  to  all  dangers  of  navigation  and  collision,  ^^^'"^"'*  '■"^^• 
and  to  any  special  circumstances  which  may  render  a  de- 
parture from  the  aljove  rules  necessary  in  order  to  avoid 
immediate  dang-er. 


344  BUKEAU    OF    NAVIGATION 

^^sound^^ signals     j^j^jr  28.  When  vessels  are  in  sight  of  one  another  a 
steamers.  steam-vessel  under  wav  whose  engines  are  going  at  full 

^""  ^  ■  '  speed  astern  shall  indicate  that  fact  bj^  three  short  blasts 
on  the  whistle. 

rreeiuition.  Art.  29.  Nothing  in  these  rules  shall  exonerate  any  ves- 
sel, or  the  owner  or  master  or  crew  thereof,  from  the  con- 
sequences of  any  neglect  to  carry  lights  or  signals,  or  of 
any  neglect  to  keep  a  proper  lookout,  or  of  the  neglect  of 
any  precaution  which  may  be  required  b}"  the  ordinary 
practice  of  seamen,  or  by  the  special  circumstances  of  the 
case. 

Ligh  '^^i^^^'i'i     Art.  30.  The  exhibition  of  any  light  on  board  of  a  vessel 
naval  vessels  and  of  war  of  the  United  States  or  a  revenue  cutter  may  be 
revenue  cutters,  g^^pended  whcncvcr,  in  the  opinion  of  the  Secretary  of  the 
Navy,  the  commander  in  chief  of  a  squadron,  or  the  com- 
mander of  a  vessel  acting  singly,  the  special  character  of 
the  service  may  require  it. 

Distress  sig-  Art.  31.  When  a  vcsscl  is  in  distrcss  and  requires  assist- 
ance from  other  vessels  or  from  the  shore  the  following 
shall  be  the  signals  to  be  used  or  displa3^ed  by  her,  cither 
together  or  separately,  namely: 

In  the  daytime.  A  coutinuous  souudiug  with  any  fog-signal  apparatus,  or 
firing  a  gun. 

Ai  night.  First.  Flames  on  the  vessel  as  from  a  burning  tar  barrel, 

oil  barrel,  and  so  forth. 

Second.  A   continuous   sounding   with   any   fog-signal 
apparatus,  or  firing  a  gun. 

Limits  of  nppii-     The  Secretary  of  Connnerce  and  Labor  is  hereby  author- 
nVt"i'oniii"andized,  empowered  and  directed  from  time  to  time  to  desig- 
^xai  jj^|-g  g^j^(^  define  by  suitable  bearings  or  ranges  with  light 

j'l''>-  ;•''.  i^!J^;     houses,  light  vessels,  Inioys  or  coast  objects,  the  lines  divid- 

k'c.'a""  '"     ing  the  high  seas  from  rivers,  harbors  and  inland  waters. 

fshtaf.%1'.)   The  words  "inland  waters"  used  in  this  Act  shall  not  be 

sec.iu.'  held  to  include  the  Great  Lakes  and  their  connecting  and 
tributary  waters  as  far  east  as  Montreal; 


LINES  ESTABLISHING  HARBORS,  RIVERS,  AND  INLAND  WATERS 
OF  THE  UNITED  STATES,  WITHIN  WHICH  THE  INLAND  RULES 
ARE  TO  APPLY. 

[Bearings  are  magnetic  and  given  ai^proximately.] 

New  York.  ]s^g^  York  Harbor:  From  Navesink  (southerly)  light- 

house NE.  f  E.,  easterly,  to  Scotland  light-vessel;  thence 
NNE.  i  E.  through  Gedney  Channel  Whistling  Buoy  to 
Rockawa}^  Point  Life-Saving  Station. 

Baitimuie.  Baltimore   Har))or  and   Chesapeake  Bay:   From  Cape 

Henry  light-house  NE.  by  E.  f  E.,  easterly,  to  Outer  En- 
trance Whistling  Buoy;  thence  N.  by  E.  f  E.  to  Cape 
Charles  light-house. 

Galveston.  Galvestou  Harbor:  From  Galveston  Bar  AVhistling  Buqy 

N.  by  W.  f  W.  through  the  beacon  marking  the  outer  ex- 


inland 
rules. 


BUREAU    OF    NAVIGATION 


345 


NE.  hy  E.  ^  E.  to 
E.  i  E.  to  Etiistorn 


San  Francisco. 
I'hiladelphia. 

(/'harluston. 


tromity  of  the  N.  jotty,  and  S^^^  l)y  W.  .1  ^^'..  westm-ly. 
through  North  BroaUcr  Bcucoii. 

Huston  Harbor:  From  Point  AUerton  XNE.  i  E.,  east- 
erly, thi-ouyh  Point  AHerton  P>eacon  to  Northeast  Grave 
Whistlinu:  Piioy;    thence   NXE.  i  E.  to  Outer  Breaker 
((Jreat  Pi"-  Pooks)  Pell  Buoy;  thence 
Halfway  Pock  Peacon;  thence  NE.  by 
Point  liLiht-house. 

San  Francisco  Harbor:  From  Point  Ponita  lig-ht-house 
SE,  4^  S.  to  Point  Lo1k)s, 

Phila(lel]ihia  Harbor  and  Delaware  Bay:  From  Cape 
lleidopen  liuht-house  NE.  by  E.  to  South  Shoal  Whistliiiii; 
IWioy;  thence  NNE.  i  E.  to  Cape  May  lioht-house. 

Charleston  Har))or:  From  Charleston  lioht-ves.sel  NW. 
'  "W.  (toward  Sullivans  Island  Panae  Rear  Lio-ht)  to  the 
North  ,Ietty,  and  from  Charleston  lioht-vess(d  SW.  ^  W. 
to  Chai-leston  Whistlinu-  ]iuoy;  thence  SW.  ^  W.  to 
Charleston  Main  Chamicd  P^ntrance  Bell  Buoy;  thence  W. 
to  Folly  Island. 

Savannah  Harl)or  and  Calibowue  Sound:  From  Tybee    savannah, 
Whistlino-  Buoy  NNW.  ]|  W.  throuoh  North  Slue  Chan- 
nel Outer  Buo}'  to  Braddock  Point,  Hilton  Head  Island, 
and  from  Tybee  AVhistlino-  Buo^'  W.  to  Tybee  Island. 

St.  Simon  Sound  (Brunswick  Harl)or)  and  St.  Andrew 
Sound:  From  hotel  on  beach  of  St.  Simon  Island  ||  mile 
NE.  by  E.  i  E.  from  St.  Simon  light-house,  SE.  f  E.  to 
St.  Simon  Sea  Buoy;  thence  S.  i  E.  to  St.  Andrew's 
Sound  Sea  Buoy;  thence  W.  to  the  shore  of  Little  Cum- 
berland Island. 

Pensacola  Harbor:  From  Pensacola  Entrance  Whistling 
Buoy  N.  i^  W.,  a  tangent  to  the  E.  side  of  Fort  Pickens, 
to  the  shore  of  Santa  Rose  Island,  and  from  the  Whistling 
Buoy  NW.  yV  W.  to  Fort  McRee  Range  Front  Light. 

^Mobile  Harbor  and  Bay:  From  Mobile  Bay  Outer  or 
Deep  Sea  Whistling  Buoy  (or  its  watch  buoy  in  summer) 
NE.  by  N.  to  the  shore  of  Mobile  Point,  and  from  the  Whis- 
tling Buoy  NW.  by  W.  to  the  shore  of  Dauphin  Island. 

New  Orleans  Harbor  and  the  Delta  of  the  Mississippi: 
Fiom  South  Pass  East  Jetty  light-house  N.  by  E.  i  E.  to 
Pass  a  Louti-e  light-house;  thence  N.  to  Errol  Island  and 
from  South  Pass  East  Jetty  light-house  W.  f  S.  to  South- 
west Pass  light-house;  thence  N.  to  shore. 

San  Diego  Har))or:  From  Point  Loma  light-house  S.  i  E. 
to  San  Diego  Bay  Outside  Bar  Whistling  Buoy;  thence 
NXE.  ^  E.  to  tower  of  Coronado  Hotel. 

C()luin])ia  River  Entrance:  From  Cape  Disappointment 
light-house  SE.  i  E.  to  Point  Adams  light-house. 

Cutler  (Little  River)  IIar])or,  Me.:  A  line  drawn  from 
Long  Point  SW.  ])y  W.  f  W.  to  Little  River  Head. 

Little  ]Machias  Baj'^,  Machias  Bay,  Englishman  Bay, 
Chandler  Bay,  Moosabec  Reach,  Pleasant  Ba}',  Nari-agua- 
gus  Bav,  and  Pigeon  Hill  Bav,  ]Me. :  A  line  drawn  from 
Little  River  Head  WSW.  }  W.  to  the  outer  side  of  Old 


Brunswick 
(St.  Simon). 


Pensacola. 


Mobile. 


New  Orleans. 


San  Diego. 

Columbia 
River. 

Cutler,  Me. 
Little  Machias. 


346  BUREAU    OF    NAVIGATION 

Man;  thence  WSW.  f  W.  to  the  outer  side  of  Double  Shot 
Islands;  thence  W.  f  S.  to  Li])l)v  Islands  light-house; 
thence  WSW.  i  W.  to  Moose  Peak  lioht-house;  thence 
WSW.  i  W.  to  Little  Pond  Head;  from  Pond  Point,  Great 
Wass  Island,  W.  by  8.  to  outer  side  of  Crumple  Island; 
thence  W.  f  S.  to  Petit  Manan  lig-ht-house. 

New  EngUuKi  ^VU  liarbors  on  the  coasts  of  Maine,  New  Hampshire,  and 
Massachusetts  between  Petit  Manan  light-house.  Me.,  and 
Cape  Ann  light-houses,  Mass.:  Aline  drawn  from  Petit 
Manan  light-house  SW.  t  S.,  26i  miles,  to  Mount  Desert 
light-house;  thence  \V.  f  S.,  33^  miles,  to  Matinicus  Rock 
light-houses;  thence  WNW.  ^  W.,  20  miles,  to  Monhegan 
Island  light-house;  thence  W.,  21  miles,  to  Seguin  Island 
Whistling  Buo}"  thence  W.  f  8.,  1!>  miles,  to  Old  Anthony 
Whistling  Buoy,  off  Cape  Elizabeth;  thence  SW.,  28  miles, 
to  Boon  Island  light-house;  thence  SW.  i  W.,  12  miles,  to 
Anderson  Ledge  Spindle,  off  Isles  of  Shoals  light-house; 
thence  S.  by  W.  i  W.,  19^  miles,  to  Cape  Ann  light-houses, 
Massachusetts.  (Lines  heretofore  established  for  Portland 
Harbor,  and  Kittery  Har))or,  Me.,  Portsmouth  Harl)or, 
New  Hampshire,  Newburyport,  Ipswich  and  Annisquam 
harbors,  Massachusetts,  are  hereby  canceled.) 

Cape  Cod.  jt^\[  harbors  in  Cape  Cod  Bay,  Mass. :  A  line  di-awn  from 

Plymouth  (Gurnet)  light-houses  E.,  IGi  miles,  to  Race 
Point  light-house. 

Nantucket, etc.  Nantucket  Sound,  Vineyard  Sound,  Buzzards  Bay,  Nar- 
ragansett  Bay,  Block  Island  Sound,  and  easterly  entrance 
to  Long  Island  Sound:  A  line  drawn  from  Chatham  light- 
houses, Mass.,  S.  by  E.  f  E.,  about  (!  miles,  to  Northeast 
Slue  Channel  Whistling  Buoy  (Pollock  Rip);  thence  S.  by 
W.  t  W.,  a))out  11  miles,  to  Great  Round  Shoal  light- 
vessel;  thence  SSW.  f  W.,  7^  miles,  to  Sankaty  Head 
light-house;  from  the  westerly  end  of  Tuckernuck  Island 
NW.  by  W.  i  W.,  about  .5i  miles,  to  Wasque  Point,  Chap- 
paquiddick  Island;  from  Gay  Head  light-house  W.  ^  S.,  35 
miles,  to  Block  Island  (SE.)  light-house;  thence  W.  f  S., 
15  miles,  to  Montauk  Point  light-house,  on  the  easterly 
end  of  Long  Island,  New  York. 
^st.johnsRiver,  [^^  Johus  Rivcr,  Florida:  A  straight  line  from  the  outer 
end  of  the  northerly  jetty  to  the  outer  end  of  the  south- 
erly jetty. 


RULES    FOR    THE     GREAT     LAKES     AND    THE    ST.     LAAVRENCE 
RIVER    AS    FAR    EAST   AS   MOMTKEAE 

ffJ'at'J^^^r'r  ^       Tho  foUowlug  rulcs  for  preventing  collisions  shall  be 

(»S  ocat.,  645.)     »,,  ,.         ,^.  .  -ii  ii-  1         •  1 

followed  in  the  navigation  of  all  public  and  private  vessels 
of  the  United  States  upon  the  Great  Lakes  and  their  con- 
necting and  tributary  waters  as  far  east  as  Montreal, 
steam  and  sail  RuLE  1.  Evcry  stcaiii  vcssel  which  is  under  sail  and  not 
under  steam,  shall  be  considered  a  sail  vessel;  and  every 
steam  vessel  which  is  under  steam,  whether  under  sail  or 
not,  shall  be  considered  a  steam  vessel.     The  word  steam 


BUREAU    OF    NAVIGATION  347 

vessel  sluill  includo  nuy  vessi^l  ])r()pi^ll(Hl  hy  niachiiiery. 
A  vessel  is  uikUm-  way  witliiii  the  nu'tinino-  of  these  rules 
wlieu  slie  is  not  at  anchor  or  mkuU^  fast  to  the  shore  or 
ai^rouiul. 

Ki  r-E  2.  The  li^fhts  mentioned  in  the  following*  rules  and    mkiuh. 
no  others  shall  ))e  carried  in  all  weathers  from  sunset  to  sun- 
ris(\     The  word  visil)le  in  tiiese  rul(\s  wIkmi  applied  to  lights 
shall  mean  visible  on  adarU  ni*;ht  with  a  clear  atmosphere. 

Rii.K  ;'..  Kxc(>pt  in  the  casi>s  hereinat'tei"  ex])ressly  i)ro- 
vided  tor,  a  steam  vessel  when  under  way  shall  carry: 

(a)  On  or  in  front  of  the  foremast,  or  if  a  vessel  without 
a  foremast,  then  in  the  foi'epart  of  the  vessel,  at  a  heioht 
above  the  hull  of  not  less  than  twenty  feet,  and  if  the  b(>am 
of  the  vessel  exceeds  twenty  feet,  then  at  a  height  above 
the  hull  not  less  than  such  beam,  so,  however,  that  such 
height  need  not  exceed  forty  feet,  a  bright  white  light  so 
constructed  as  to  show  an  un])i'oken  light  over  an  arc  of 
the  horizon  of  twenty  points  of  the  compass,  so  tixed  as  to 
throw  the  light  ten  i)<)ints  on  each  side  of  the  vessel, 
namely,  from  right  alu^ad  to  two  points  abaft  the  beam  on 
either  side,  and  of  such  character  as  to  ))e  visible  at  a  dis- 
tance of  at  least  five  miles. 

(b)  On  the  starboard  side,  a  green  light,  so  constructed 
as  to  throw  an  unbroken  light  over  an  arc  of  the  horizon 
of  ten  points  of  the  compass,  so  fixed  iis  to  throw  the  light 
from  right  ahead  to  two  points  abaft  the  ))eam  on  the  star- 
boai'd  sitle,  and  of  such  a  character  as  to  bo  visible  at  a 
distance  of  at  least  two  miles. 

(c)  On  the  port  side,  a  red  light,  so  constructed  as  to 
show  an  unbroken  light  over  an  arc  of  the  horizon  of  ten 
points  of  the  compass,  so  tixed  as  to  throw  the  light  from 
right  ahead  to  two  points  al)af  t  the  beam  on  the  port  side, 
and  of  such  a  character  as  to  be  visible  at  a  distance  of  at 
least  two  miles. 

(d)  The  said  green  and  red  lights  shall  be  fitted  with 
inboard  screens  projecting  at  least  three  feet  forward  from 
the  light,  so  as  to  prevent  these  lights  from  being  seen 
across  the  bow. 

(e)  A  steamer  of  over  one  hundred  and  fifty  feet  register 
length  shall  also  carr}^  when  underway  an  additional  bright 
light  similar  in  construction  to  that  mentioned  in  sul)- 
division  (a),  so  fixed  as  to  throw  the  light  all  around  the 
horizon  and  of  such  character  as  to  be  visi))le  at  a  distance 
of  at  least  three  miles.  Such  additional  light  shall  be 
placed  in  line  with  the  keel  at  least  fift(MMi  feet  higher  from 
the  (h'ck  and  more  than  seventy-five  feet  abaft  the  light 
mentioned  in  subdivision  (a). 

Kur.K  4.  A  steam  vesscd  having  a  tow  other  than  a  raft,  v.ssois    tow- 
shall  in  addition  to  the  forward  bright  light  mentioned  in 
subdivision  (a)  of  rule  three  carry  in  a  vertical  line  not 
less  than  six  feet  above  or  below  that  light  a  second  bright 
light  of  the  same  construction  and  character  and  fixed  and 


1111,'. 


348  BUEEAD    OF    NAVIGATION       • 

carried  in  the  same  manner  as  the  forward  bright  light 
mentioned  in  said  subdivision  (a)  of  rule  three.  Such 
steamer  shall  also  carry  a  small  bright  light  abaft  the 
funnel  or  aftermast  for  the  tow  to  steer  by,  but  such  light 
shall  not  be  visible  forward  of  the  beam. 

Rule  5.  A  steam  vessel  having  a  raft  in  tow  shall,  in- 
stead of  the  forward  lights  mentioned  in  rule  four,  carry 
on  or  in  front  of  the  foremast,  or  if  a  vessel  without  a  fore- 
mast then  in  the  fore  part  of  the  vessel,  at  a  height  above 
the  hull  of  not  less  than  twenty  feet,  and  if  the  beam  of 
the  vessel  exceeds  twenty  feet,  then  at  a  height  above  the 
hull  not  less  than  such  beam,  so  however  that  such  height 
need  not  exceed  forty  feet,  two  bright  lights  in  a  horizon- 
tal line  athwartships  and  not  less  than  eight  feet  apart, 
eacli  so  lixed  as  to  throw  the  light  all  around  the  horizon 
and  of  such  character  as  to  be  visible  at  a  distance  of  at 
least  five  miles.  Such  steamer  shall  also  carr}^  the  small 
bi'ight  steering  liglit  aft,  of  the  character  and  fixed  as 
required  in  rule  four. 

Rule  6.  A  sailing  vessel  under  wa}^  and  an}^  vessel 
being  towed  shall  carry  the  side  lights  mentioned  in  rule 
three. 

A  vessel  in  tow  shall  also  carr}-  a  small  bright  light  aft, 
but  such  light  shall  not  be  visible  forward  of  the  beam. 

Rule  T.  The  lights  for  tugs  under  thirty  tons  register 
whose  principal  lousiness  is  harbor  towing,  and  for  boats 
navigating  only  on  the  River  Saint  Lawrence,  also  ferry- 
boats, rafts,  and  canal  boats,  shall  be  regulated  by  rules 
which  have  been  or  may  hereafter  be  prescribed  by  the 
Board  of  Supervising  Inspectors  of  Steam  Vessels. 

Rule  8.  Whenever,  as  in  the  case  of  small  vessels  under 
way  during  l)ad  weather,  the  green  and  red  side  lights  can 
not  be  fixed,  these  lights  shall  be  kept  at  hand  lighted  and 
ready  for  use,  and  shall,  on  the  approach  of  or  to  other 
vessels,  be  exhibited  on  their  respective  sides  in  sufficient 
time  to  prevent  collision,  in  such  manner  as  to  make  them 
most  visible,  and  so  that  the  green  light  shall  not  be  seen 
on  the  port  side,  nor  the  red  light  on  the  starboard  side, 
nor,  if  practicable,  more  than  two  jjoints  abaft  the  lieam 
on  their  respective  sides.  To  make  the  use  of  these  port- 
able lights  more  certain  and  eas}^,  they  shall  each  be  painted 
outside  with  the  color  of  the  light  the}^  respectively  con- 
tain, and  shall  be  provided  with  suita])le  screens. 

Rule  9.  A  vessel  under  one  hundred  and  fifty  feet  reg- 
ister length,  when  at  anchor,  shall  carry  forward,  where  it 
can  best  be  seen,  but  at  a  height  not  exceeding  twenty 
feet  above  the  hull,  a  white  light  in  a  lantern  constructed 
so  as  to  show  a  clear,  uniform,  and  unbroken  light,  visible 
all  around  the  horizon,  at  a  distance  of  at  least  one  mile, 

A  vessel  of  one  hundi'cd  and  fifty  feet  or  upward  in  reg- 
ister length,  when  at  anchor,  shall  carry  in  the  forward 
part  of  the  vessel,  at  a  height  of  not  less  than  twenty  and 


BUREAU    OF    NAVIGATION  849 

not  (>xc('e(lin»j-  forty  I'eet  above  the  hull,  one  .such  li.u'ht, 
and  at  or  near  the  stern  of  the -vessel,  and  at  sueha  heijrht 
that  it  shall  ))e  not  less  than  fifteen  feet  lower  than  the 
forward  iiiiht,  another  such  lioht. 

lIuLK  10,  l*roduce  boats,  canal  boats,  fishino-  ])oats,  rafts, 
or  other  water  craft  navii;atinin-  any  bay,  harbor,  or  riv'er 
by  hand  power,  horse  power,  sail,  or  by  the  current  of  the 
river,  or  which  shall  be  anchoi'cd  or  moored  in  or  near  the 
channel  or  fairway  of  any  bay,  harboi',  or  river,  and  not 
otherwise  provided  for  in  these  rules,  shall  carry  one  or 
more  j^'ood  white  lights,  which  shall  be  placed  in  such  man 
ner  as  shall  l)e  prescribed  b}^  the  Board  of  Supervisinc^ 
Insi)ectors  of  Steam  Vessels. 

Rule  11.  Open  boats  shall  not  be  oblio-ed  to  carry  the 
side  lights  required  for  other  vessels,  ])ut  shall,  if  they  do 
not  carry  such  liohts,  carry  a  lantern  having-  a  green  slide 
on  one  side  and  a  red  slide  on  the  other  side;  and  on  the 
approach  of  or  to  other  vessels^  such  lantern  shall  l)e  exhib- 
ited in  sutiicient  time  to  prevent  collision,  and  in  such  a 
manner  that  the  green  light  shall  not  be  seen  on  the  port 
side,  nor  the  red  light  on  the  starboard  side.  Open  boats, 
when  at  anchor  or  stationary,  shall  exhibit  a  bright  white 
light.  They  shall  not,  however,  be  prevented  from  using 
a  llare-up  in  addition  if  considered  expedient. 

Rule  12.  Sailing  vessels  shall  at  all  times,  on  the  ap- 
proach of  any  steamer  during  tlie  night-time,  show  a  lighted 
torch  upon  that  point  or  cpiarter  to  which  such  steamer 
shall  be  approaching. 

Rule  13.  The  exhibition  of  anj^  light  on  board  of  a  ves- 
sel of  war  or  revenue  cutter  of  the  United  States  may  be 
suspended  whenever,  in  the  opinion  of  the  Secretary  of 
the  Navy,  the  commander  in  chief  of  a  squadron,  or  the 
connnander  of  a  vessel  acting  singly,  the  special  character 
of  the  service  ma}'  require  it. 

Rule  14.  A  steam  vessel  shall  be  provided  with  an  effi-  Fog  signals. 
cient  whistle,  sounded  b}"  steam  or  by  some  substitute  for 
steam,  placed  before  the  funtiel  not  less  than  eight  feet 
from  the  deck,  or  in  such  other  place  as  the  local  inspectors 
of  steam  vessels  .shall  determine,  and  of  such  character  as 
to  be  heard  in  ordinary  weather  at  a  distance  of  at  least 
two  miles,  and  with  an  efficient  bell,  and  it  is  liereby  made 
the  duty  of  the  United  States  local  inspectors  of  steam 
vessels  when  inspecting  the  same  to  require  each  steamer 
to  be  furnished  with  such  whistle  and  bell.  A  .sailing  ves- 
sel shall  be  provided  with  an  efficient  fog  horn  and  with 
an  efficient  bell. 

Whenever  there  is  thick  weather  b}'  reason  of  fog,  mist, 
falling  snow,  heavy  rainstorms,  or  other  causes,  whether 
by  day  or  b}^  night,  fog  signals  shall  be  u.sed  as  follows: 

(a)  A  steam  ves.sel  under  way,  excepting  only  a  steam 
vessel  with  raft  in  tow,  shall  .sound  at  intei'vals  of  not  more 
than  one  minute  three  distinct  blasts  of  her  whistle.  * 


350  BUREAU    OF    NAVIGATION 

(b)  Every  vessel  in  tow  of  anotlier  ve.s.sel  .shall,  fit  inter- 
vals of  one  minute,  soiuul  four  bells  on  a  g'ood  and  efficient 
and  properly  placed  })eU  as  follows:  By  striking-  the  l)ell 
twice  in  quick  succession,  followed  l\y  a  little  lonoer  inter- 
val, and  then  again  striking  twice  in  quick  succession  (in 
the  manner  in  which  four  bells  is  struck  in  indicating  time). 

(c)  A  steamer  with  a  raft  in  tow  shall  sound  at  intervals 
of  not  more  than  one  minute  a  screeching  or  Modoc  whistle 
for  from  three  to  tive  seconds. 

(d)  A  sailing  vessel  under  wa}'  and  not  in  tow  shall 
sound  at  intervals  of  not  more  than  one  minute — 

If  on  the  starboard  tack  with  ^vind  forward  of  abeam, 
one  blast  of  her  fog  horn; 

If  on  the  port  tack  with  wind  forward  of  the  beam,  two 
blasts  of  her  fog  horn; 

If  she  has  the  wind  al)aft  the  beam  on  either  side,  three 
blasts  of  her  fog  horn; 

(e)  Any  vessel  at  anchor  and  an}-  vessel  aground  in  or 
near  a  channel  or  fairway  shall  at  intervals  of  not  more 
than  two  minutes  ring  the  bell  rapidly  for  three  to  live 
seconds. 

(f)  Vessels  of  less  than  ten  tons  registered  tonnage,  not 
l)eing  steam  vessels,  shall  not  be  obliged  to  give  the  above- 
mentioned  sig-nals,  ])ut  if  they  do  not  they  shall  make  some 
other  efficient  sound  signal  at  intervals  of  not  more  than 
one  minute. 

(g)  Produce  boats,  fishing  boats,  rafts,  or  other  water 
craft  navigating-  by  hand  ])ower  or  l)y  the  current  of  the 
river,  or  anchored  or  moored  in  or  near  the  channel  or  fair- 
way and  not  in  any  port,  and  not  otherwise  })rovided  for 
in  these  rules,  shall  sound  a  fog  horn,  or  equivalent  signal, 
at  intervals  of  not  more  than  one  minute. 

Rule  15.  Every  vessel  shall,  in  thick  weather,  ])v  I'cason 
of  fog,  mist,  falling'  snow,  heavy  rain  storms,  or  other 
causes,  go  at  moderate  speed.  A  steam  vessel  hearing, 
apparently'  not  more  than  four  points  from  right  ahead, 
the  fog  signal  of  another  vessel  shall  at  once  reduce  her 
speed  to  bare  steerageway ,  and  navigate  with  caution  until 
the  vessels  shall  have  passed  each  other. 

STEERING    AND    SAILING    RULES 

Sailing  vessels.  RuLE  IT).  When  two  sailing  vcsscls  are  approaching  one 
another  so  as  to  involve  risk  of  collision  one  of  them  shall 
keep  out  of  the  way  of  the  other,  as  follows,  namely: 

(a)  A  vessel  which  is  running  free  shall  keep  out  of  the 
way  of  a  vessel  which  is  closehauled. 

(I))  A  vessel  which  is  closehauled  on  the  port  tack  shall 
keep  out  of  the  way  of  a  vessel  which  is  closehauled  on  the 
starboard  tack. 

(c)  When  both  are  running  free,  with  the  wind  on  ditier- 
ent  sides,  the  vessel  which  has  the  wind  on  the  port  side 
shall  keep  out  of  the  way  of  the  other. 


BUREAU    OK    NAVIGATION  351 

((1)  WIkmi  tliov  arc  I'uiininu-  rrcc,  with  (lie  wind  on  the 
sanu'  side,  the  vessel  wliieli  is  to  windwai'd  shall  keep  out 
of  the  way  of  the  vessel  which  is  to  leeward. 

KuLE  17.   When  two  steam  vessels  arc  ineetinj>-  end  on,    steam  vessels. 
or  nearly  end  on,  so  as  to  involve  risk  of  collision  each  shall 
alter  her  course  to  starboard,  so  that  each  shall  pass  on  the 
port  side  of  the  other. 

Kri>:  IS.  ^^'hen  two  steam  vessels  are  crossing  so  as  to 
invohe  risk  of  collision  tht»  V(>ssel  which  has  the  other  on 
her  own  starboard  side  shall  kcc])  out  of  the  Avay  of  the 
other. 

Rvi.E  11'.  AN'hen  a  steam  vessel  and  a  sailing-  vessel  are 
])i-oceedin<>"  in  such  directions  as  to  involve  risk  of  collision 
the  steam  vessel  shall  keep  out  of  the  way  of  the  sailing 
vessel. 

Kii.E  20.  Where,  l)y  any  of  the  rules  herein  prescribed, 
one  of  two  vessels  shall  keep  out  of  the  way,  the  other 
<liall  keep  her  course  and  sp(>ed. 

KuLK  HI.  Every  steam  vessel  Avhich  is  directed  l)y  these 
rul(\s  to  keep  out  of  the  way  of  another  vessel  shall,  on 
appioaching  her.  if  necessary,  slacken  her  speed  or  stop  or 
reverse. 

Rule  22.  Notwithstanding  anything  contained  in  these 
rules  every  vessel  overtaking  any  other  shall  keep  out  of 
the  way  of  the  overtaken  vessel. 

liuLE  23.  In  all  weathers  every  steam  vessel  under  way 
in  taking  any  c-ourse  authorized  or  required  by  these  rules 
shall  indicate  that  course  by  the  following  signals  on  her 
whistle,  to  l)e  accompanied  whenever  required  by  corre- 
sponding alteration  of  her  helm;  and  every  steam  vessel 
receiving  a  signal  from  another  shall  promptly  respond 
with  the  same  signal  or,  as  provided  in  Rule  Twenty-six: 

One  blast  to  mean,  "  1  am  directing  mj'^  course  to  star- 
board." 

Two  blasts  to  mean,  '•  1  am  directing  my  course  to  port." 
But  the  giving  or  answering  signals  ])y  a  vessel  required  to 
keep  her  course  shall  not  vary  the  duties  and  obligations 
of  the  respective  vessels. 

Rule  21.  That  in  all  narrow  channels  where  there  is  a 
current,  and  in  the  rivers  Saint  Mary,  Saint  Clair,  Detroit, 
Niagara,  and  Saint  Lawrence,  when  two  steamers  are 
meeting,  the  descending  steamer  shall  have  the  right  of 
way,  and  shall,  ])ef()re  the  vessels  shall  hnvv  arrived  within 
the  distance  of  one-half  mile  of  each  other,  give  the  signal 
n(>cessary  to  indicate  Avhich  s/de  she  elects  to  take. 

Rule  25.  In  all  channels  less  than  live  hundred  feet  in 
width,  no  steam  vessel  shall  pass  another  going  in  the 
same  direction  unless  the  steam  vessel  ahead  be  disabled 
or  signify  her  willingness  that  the  steam  vessel  astern  shall 
pass,  when  the  steam  vessel  astern  maj'  pass,  subject,  how- 
ever, to  the  other  rules  jipplicable  to  such  a  situation. 
And  when  steam  vessels  proceeding  in  opposite  directions 


352  BUKEAU    OF    NAVIGATION 

are  about  to  meet  in  such  channels,  both  .such  vessels  shall 
be  slowed  down  to  a  moderate  speed,  according-  to  the 
circumstances. 

Rule  26.  If  the  pilot  of  a  steam  vessel  to  which  a  pass- 
ing' sig-nal  is  sounded  deems  it  unsafe  to  accept  and  assent 
to  said  signal,  he  shall  not  sound  a  cross  sigiial;  but  in 
that  case,  and  in  every  case  where  the  pilot  of  one  steamer 
fails  to  understand  the  couise  or  intention  of  an  approach- 
ing steamer,  whether  from  signals  being  given  or  answered 
erroneously,  or  from  other  causes,  the  pilot  of  such  steamer 
so  receiving  the  tirst  passing  signal,  or  the  pilot  so  in  doubt, 
shall  sound  several  short  and  rapid  blasts  of  the  whistle; 
and  if  the  vessels  shall  have  approached  within  half  a  mile 
of  each  other  both  shall  reduce  their  speed  to  bare  steer- 
age way,  and,  if  necessary,  stop  and  reverse. 

Rule  27.  In  obej^ing  and  construing  these  rules  due 
regard  shall  be  had  to  all  dangers  of  navigation  and  colli- 
sion and  to  any  special  circumstances  w^hich  may  render  a 
departure  from  the  above  rules  necessar}^  in  order  to  a\'oid 
immediate  danger. 

Rule  28.  Nothing  in  these  rules  shall  exonerate  an}^ 
vessel,  or  the  owner  or  master  or  crew  thereof,  from  the 
consequences  of  any  neglect  to  carry  lights  or  signals,  or 
of  any  neglect  to  keep  a  proper  lookout,  or  of  a  neglect  of 
any  precaution  which  may  be  i-equired  by  the  ordinary 
practice  of  seamen,  or  by  the  special  circumstances  of  the 
case. 

^eb.s  w,w.  A  fine,  not  exceeding  two  hundred  dollars,  may  be  im- 

sec.  2"  "  '^ '  posed  for  the  violation  of  any  of  the  provisions  of  this  Act. 
The  vessel  shall  be  liable  for  the  said  penalty,  and  may  be 
seized  and  proceeded  against,  Iw  way  of  libel,  in  the  dis- 
trict court  of  the  United  States  for  any  district  within 
which  such  vessel  may  be  found. 

^^'^-  ^-  The  Secretary  of  Commerce  and  Labor  of  the  United 

States  shall  have  authority  to  establish  all  necessary  regu- 
lations, not  inconsistent  with  the  provisions  of  this  Act, 
required  to  carry  the  same  into  effect.  "* 

The  Board  of  Supervising  Inspectors  of  the  United 
States  shall  have  authority  to  establish  such  regulations 
to  be  observed  by  all  steam  vessels  in  passing  each  other, 
not  inconsistent  with  the  provisions  of  this  Act,  as  thej^ 
shall  from  time  to  time  deem  necessary;  and  all  regulations 
adopted  by  the  said  Board  of  Supervising  Inspectors  under 
the  authoritj^  of  this  Act,  when  approved  by  the  Secretar}^ 
of  Commerce  and  Labor,  shall  have  the  force  of  law.  Two 
printed  copies  of  any  such  regulations  for  passing,  signed 
by  them,  shall  be  furnished  to  each  steam  vessel,  and  shall  at 
all  times  be  kept  posted  up  in  conspicuous  places  on  board. 

*''•  ^-  All  laws  or  parts  of  laws,  so  far  as  applicable  to  the 

navigation  of  the  Great  Lakes  and  their  connecting  and 
tributary  waters  as  far  east  as  Montreal,  inconsistent  with 
the  foregoing  rules  are  hereby  repealed. 


BUKEAU    OF    NAVIGATION  353 


KTLKS  FOR  TIIK  RED  UIVER  OF  THE  NORTH  AND  RIVERS 
EMPTYING  INTO  THE  (iULF  OF  MEXICO,  AND  THEIK 
TRIHUTARIES 

SiTtions  forty-two  hundred  and  thirty-throe,  forty-four  Juner,  isor. 
hundred  und  twelve  (with  the  reij;u  hit  ions  !n:i(U^  in  pursuance  sec'^t'" 
therei)f,  except  the  ruhvs  juul  reii'ulations  for  the  oovern- 
nient  of  i)ih)ts  of  steamers  navi<iatino-  the  Red  River  of  the 
North  and  rivers  eniptyin^-  in  the  (iulf  of  Mexico  and 
their  tributaries,  and  except  the  ruK's  for  the  (IreatLalces 
and  their  connecting"  and  tril)utary  waters  as  far  cast  as 
Montreal),  and  forty-four  hundred  and  thirteen  of  the 
Revised  kStatutes  of  the  United  States,  and  chapter  two 
iuuidred  and  two  of  the  laws  of  eig-hteen  hundred  and 
ninety-three,  and  sections  one  and  three  of  chapter  one  hun- 
died  and  two  of  the  laws  of  eio-hteen  hundred  and  ninet}^- 
tive,  and  sections  tive,  twelve  and  thirteen  of  the  Act 
a[)pr()ved  Mai'ch  third,  eighteen  hundred  and  ninety-seven, 
entitled  "An  Act  to  amend  the  laws  relating'  to  naviga- 
tion," and  all  amendments  thereto,  are  hereby  repealed  so  r.  s.,  i^.ts. 
far  as  the  harbors,  rivers,  and  iidatid  Avate^s  aforesaid 
(except  the  (xreat  Lakes  and  their  connecting  and  tril)utary 
waters  as  far  east  as  Montreal  and  the  Red  River  of  the 
North,  and  rivers  emptying  into  the  Gulf  of  Mexico,  and 
their  tributaries)  are  concerned. 

The  following  rules  for  preventing  collisions  on  the 
water  shall  b(»  followed  in  the  navigation  of  vessels  of 
the  Navv  and  of  the  mercantile  marine  of  the  United 
States: 

Rule  one.   Every  steam-vessel  which  is  under  sail,  and  ^.J^^^'J"^""*^  ^'^'' 
not  under  steam,  shall  be  considered  a  sail-vessel;  and  every 
steam-vessel  which  is  under  steam,  whether  under  sail  or 
not,  shall  be  considered  a  steam-vessel. 

Rule  two.  The  lights  mentioned  in  the  following  rules,    i-'shts. 
and  no  others,  shall  be  carried  in  all  weathers,  l)etween 
sunset  and  sunrise. 

Rule  three.  All  ocean-going  steamers,  and  steamers  car- 
rying sail,  shall,  when  under  way,  carry — 

(A)  At  the  foremast  head,  a  bright  white  light,  of  such 
a  character  as  to  be  visible  on  a  dark  night,  with  a  clear 
atmosphere,  at  a  distance  of  at  least  tive  miles,  and  so 
(•onstructed  as  to  show  a  uniform  and  unbroken  light  over 
an  arc  of  the  horizon  of  twenty  points  of  the  compass,  and 
so  tixed  as  to  throw  the  light  ten  points  on  each  side  of 
the  vessel,  namely,  from  right  ahead  to  two  points  abaft  the 
beam  on  either  side. 

(B)  On  th(>  starboard  side,  a  green  light,  of  such  a  char- 
acter as  to  be  visible  on  a  dark  night,  with  a  clear  atmos- 
phere, at  a  distance  of  at  l(>ast  two  miles,  and  so  constructed 
as  to  show  a  uniform  and  unl)roken  light  over  an  arc  of 
the  horizon  of  ten  points  of  tlu^  compass,  and  so  tixed  as 

27628—04 23 


354  BUREAU    OF    NAVIGATION 


I 


to  throw  the  light  from  right  ahead  to  two  points  a])aft 
the  beam  on  the  starboard  side. 

(C)  On  the  port  side,  a  red  light,  of  such  a  character  as 
to  be  visible  on  a  dark  night,  with  a  clear  atmosphere,  at 
a  distance  of  at  least  two  miles,  and  so  constructed  as  to 
show  a  uniform  and  unbroken  light  over  an  arc  of  the 
horizon  of  ten  points  of  the  compass,  and  so  tixed  as  to 
throw  the  light  from  right  ahead  to  two  points  abaft  the 
beam  on  the  port  side. 

The  green  and  red  lights  shall  be  fitted  with  inboard 
screens,  projecting  at  least  three  feet  forward  from  the 
lights,  so  as  to  prevent  them  from  being  seen  across  the 
bow. 

Rule  four.  Steam-vessels,  when  towing  other  vessels, 
shall  carry  two  bright  white  mast-head  lights  verticall}', 
in  addition  to  their  side  lights,  so  as  to  distinguish  them 
from  other  steam- vessels.  Each  of  these  mast-head  lights 
shall  be  of  the  same  character  and  construction  as  the 
mast-head  lights  prescribed  by  Rule  three. 

Rule  five.  All  steam-vessels,  other  than  ocean-going 
steamers  and  steamers  carrying  sail,  shall,  when  underway, 
carrying  on  the  starboard  and  port  side  lights  of  the  same 
character  and  construction  and  in  the  same  position  as  are 
prescribed  for  side-lights  by  Rule  three,  except  in  the  case 
provided  in  Rule  six. 

Rule  six.  River-steamers  navigating  waters  flowing  into 
the  Gulf  of  Mexico,  and  their  tributaries,  shall  carry  the 
following  lights,  namely:  One  red  light  on  the  outboard 
side  of  the  port  smoke-pipe,  and  one  green  light  on  the  out- 
board side  of  the  starboard  smoke-pipe.  Such  lights  shall 
show  both  forward  and  abeam  on  their  respective  sides. 

Rule  seven.  All  coasting  steam-vessels,  and  steam-vessels 
other  than  ferry-boats  and  vessels  otherwise  expressly 
provided  for,  navigating  the  bays,  lakes,  rivers,  or  other 
inland  waters  of  the  United  States,  except  those  mentioned 
in  Rule  six,  shall  carry  the  red  and  green  lights,  as  pre- 
scribed for  ocean-going  steamers;  and,  in  addition  thereto, 
a  central  range  of  two  white  lights;  the  after-light  being 
carried  at  an  elevation  of  at  least  fifteen  feet  above  the 
light  at  the  head  of  the  vessel.  The  head  light  shall  be  so 
constructed  as  to  show  a  good  light  through  twenty  points 
of  the  compass,  namely:  from  right  ahead  to  two  points 
abaft  the  beam  on  either  side  of  the  vessel;  and  the  after- 
Mar.s.  1S93.  light  SO  as  to  show  all  around  the  horizon.  The  lights  for 
(V  Stat.,  557.)  ferry-boats,  barges  and  canal  boats  when  in  tow  of  steam 
vessels  shall  be  regulated  by  such  rules  as  the  board  of 
supervising  inspectors  of  steam-vessels  shall  prescribe. 
R.  s.,  j,23s.  Rule  eight.   Sail-vessels,  under  way  or  being  towed,  shall 

carry  the  same  lights  as  steam  vessels  under  way,  with  the 
exception  of  the  white  mast-head  lights,  which  they  shall 
never  carry. 

Rule  nine.  Whenever,  as  in  case  of  small  vessels  during 
bad  weather,  the  green  and  red,  lights  cannot  be  fixed, 


BUREAU    OF    NAVIGATION  355 

tli(>s('  liylits  slmll  1)0  kept  on  deck,  on  thoir  rospoctive  sides 
of  tlio  vessel,  iviidy  for  iiisttuit  (>xhil)itioii,  and  shall,  on  the 
approach  of  or  to  other  vessels,  \n'  exhihited  on  their 
resjx'ctive  side.>  in  sufHeient  time  to  prevent  eollision,  in 
such  nraniuM"  as  to  make  them  most  visible,  and  so  that  the 
yre(Mi  liiiht  shall  not  be  seen  on  the  i)ort  side,  nor  the  I'ed 
lioht  on  the  starboard  side.  To  make  the  use  of  these 
portable  liohts  more  certain  and  easv,  they  shall  each  be 
])ainted  outside  with  the  color  of  the  lijjht  they  respec- 
tively contain,  and  shall  be  provided  with  suitable  screens. 

Rule  ten.  All  vessels,  whether  steam-vessels  or  sail- ves- 
sels, whon  at  anchor  in  roadsteads  or  fairways,  shall,  be- 
tween sunset  and  sunrise,  exhibit  where  it  can  best  be  seen, 
l)ut  at  a  height  not  exceedinij'  twenty  feet  al)ove  the  hull, 
a  white  liiiht  in  a  g-lobular  lantern  of  eio-ht  inches  in  diame- 
ter, and  so  constructed  as  to  show  a  clear,  uniform,  and 
.  unbroken  lij^ht,  visible  all  around  the  horizon,  and  at  a 
distance  of  at  least  one  mile. 

Kule  eleven.  Sailing  pilot-vessels  shall  not  carry  the 
lights  required  for  other  sailing-vessels,  but  shall  carry  a 
white  light  at  the  mast-head,  visible  all  around  the  horizon, 
and  shall  also  exhibit  a  flare-up  light  every  fifteen  minutes. 

Steam  pilot  ])oats  shall,  in  addition  to  the  mast-head  light    ^;  •'''•.  ^^ss. 

I  _  ^  ^  ^  Mciv  3   1897 

and  green  and  red  side  lights  required  for  ocean  steam  ves-    {zgstdt.,  esk) 
sels,  carry  a  red  light  hung  verticallv  from  three  to  live  feet    ^^'^^  ^• 
above  the  f  or(>mast  headlight,  for  the  purpose  of  distinguish- 
ing such  steam  pilot  boats  from  other  steam  vessels. 

Rule  twelve.  Coal-boats,  trading-boats,  produce-boats, 
canal-boats,  03'ster-boats,  fishing-boats,  rafts,  or  other 
water-craft,  navigating  any  bay,  harbor,  or  river,  by  hand- 
power,  horse  power,  sail,  or  l)y  the  current  of  the  river,  or 
which  shall  l)e  anchored  or  moored  in  or  near  the  channel 
or  fairway  of  any  bay,  harbor,  or  river,  shall  carry  one 
or  more  good  white  lights,  which  shall  be  placed  in  such 
manner  as  shall  be  prescribed  by  the  board  of  supervising 
inspectors  of  steam- vessels  [but  this  rule  shall  be  so  con-  f;"^^^^^'  ^^f- 
strued  as  not  to  require  row  boats  and  skill's  on  the  river  hec.  le.'' 
St.  Lawrence  to  carry  lights.]  _  S^sta/S.) 

Kule  thirteen.  Open  boats  shall  not  be  required  to  carry  ^-  «•.  4253. 
the  side-lights  required  for  other  vessels,  but  shall,  if  they 
do  not  carr}'  such  lights,  carry  a  lantern  having  a  green 
slide  on  one  side  and  a  red  slide  on  the  other  side;  and,  on 
the  approach  of  or  to  other  vessels,  such  lantern  shall  l)e 
exhibited  in  suflicient  time  to  prevent  collision,  and  in  such 
a  maimer  that  the  green  light  shall  not  be  seen  on  the  port 
sid(>,  nor  the  red  light  on  the  star))oard  side.  Open  boats, 
when  at  anchor  or  stationary,  shall  exhibit  a  lu-ight  white 
light.  They  shall  not,  however,  l)e  pre\ented  from  using 
a  flare-up,  in  addition,  if  consid(>red  ex])e(lient. 

Kule  fourt(>en.  The  exhibition  of  any  light  on  board  of    n.  s.,  1,23.1. 
a  vessel  of  war  of  the  TnitcHl  States  may  be  suspended    ('ig'^sva/./ssa) 
whenever,  in  the  opinion  of  the  Secretary  of  the  Navy,  the    *<'•  ^^-  ' 
conunander  in  chief  of  a  squadron,  or  the  commander  of  a 


356  BUREAU    OF   NAVIGATION 

vessel  acting  singly,  the  special  character  of  the  service 
may  require  it.  The  exhibition  of  any  light  on  board  of 
a  revenue  cutter  of  the  United  States  may  ])e  suspended 
whenever,  in  the  opinion  of  the  commander  of  the  vessel, 
the  special  character  of  the  service  may  require  it. 
Ji'VHfss'  Kule  tifteen.  Whenever  there  is  a  fog,  or  thick  weather, 

Mar'.'s^mr.  whether  l)y  day  or  night,  fog  signals  shall  be  used  as  fol- 
{29^s(aL,  690.)  Iq^^j^.  ^.^^  Steam  vessels  under  way  shall  sound  a  steam 
whistle  placed  before  the  funnel,- not  less  than  eight  feet 
from  the  deck,  at  intervals  of  not  more  than  one  minute. 
Steam  vessels,  when  towing,  shall  sound  three  bhists  of 
quick  succession  repeated  at  inter v'als  of  not  more  than 
one  minute,  (b)  Sail  vessels  under  way  shall  sound  a  fog 
horn  at  intervals  of  not  more  than  one  minute,  (c)  Steam 
vessels  and  sail  vessels,  when  not  under  way,  shall  sound 
a  l)ell  at  intervals  of  not  more  than  two  minutes. 

(•D)  Coal-])oats,  trading-boats,  produce-boats,  canal- 
boats,  oyster-boats,  lishing-boats,  rafts,  or  other  water- 
craft,  navigating  any  bay,  harbor,  or  river,  by  hand- 
power,  horse-power,  sail,  or  b}^  the  current  of  the  river, 
or  anchored  or  moored  in  or  near  the  channel  or  fairway 
of  any  bay,  harbor,  or  river,  and  not  in  any  port,  shall 
sound  a  fog-horn,  or  eciuivalent  signal,  which  shall  make 
a  sound  equal  to  a  steam- whistle,  at  intervals  of  not  more 
than  two  minutes. 

Rule  sixteen.  Risk  of  collision  can,  when  circumstances 
permit,  be  ascertained  by  carefully  watching  the  compass 
bearing  of  an  approaching  vessel.  If  the  bearing  does  not 
appreciably  change  such  risk  should  be  deemed  to  exist. 
Rule  seventeen.  When  two  sailing  vessels  are  approach- 
ing one  another,  so  as  to  involve  risk  of  collision,  one  of 
them  shall  keep  out  of  the  way  of  the  other,  as  follows, 
namely: 

(a)  A  vessel  which  is  riuining  free  shall  keep  out  of  the 
way  of  a  vessel  which  is  close-hauled. 

(b)  A  vessel  which  is  close-hauled  on  the  port  tack  shall 
keep  out  of  the  way  of  a  vessel  which  is  close-hauled  on 
the  starboard  tack. 

(c)  When  both  are  running  free,  with  the  wind  on  difl'er- 
ent  sides,  the  vessel  which  has  the  wind  on  the  port  side 
shall  keep  out  of  the  way  of  the  other. 

(d)  When  both  vessels  are  running  free,  with  the  wind 
on  the  same  side,  the  vessel  which  is  to  the  windward  shall 
keep  out  of  the  wa}'  of  the  vessel  which  is  to  the  leeward. 

(e)  A  vessel  which  has  the  wind  aft  shall  keep  out  of  the 
way  of  the  other  vessel. 

Rule  eighteen.  If  two  vessels  under  steam  are  meeting 
end  on,  or  nearly  end  on,  so  as  to  involve  risk  of  collision, 
the  helms  of  both  shall  be  put  to  port,  so  that  each  niay 
pass  on  the  port  side  of  the  other. 

Rule  nineteen.  If  two  vessels  under  steam  are  crossing 
so  as  to  involve  risk  of  collision,  t\w  vessel  which  has  the 
other  on  her  own  starboard  side  shall  keep  out  of  the  way 
of  the  other. 


steering  a  n  d 
sailing  rules. 
R.  S.,  iSSS. 
Mar.  3,  1897. 
(29  Stat.,  690.) 
Sec.  n. 

R.  s.,  ms. 

Mar.  3.  1897. 
(39  Stat.,  690.) 
Sec.  12. 

BUREAU    OF    NAVIGATION  357 

Kulo  twonty.  It"  two  vossols.  one  of  whioh  is  a  sail-V(>ss(>l 
and  tlio  other  a  st^'aiu-vcsscl.  arc  pre k-(hm lino-  in  siicli  diicc- 
tions  as  lo  involve  risk  of  collision,  the  stcaiii-NCsscl  shall 
keep  out  of  the  way  of  the  sail-vessel. 

Kuie  twenty-one.  Every  steam-vessel,  when  a[)pi'oaehino- 
another  vessel,  so  as  to  involve  risk  of  collision,  shall 
slacken  her  speed,  or,  if  necessary,  stop  and  reverse;  and 
every  steam-vessel  shall,  when  in  ii  fog,  go  at  a  moderate 
speed. 

Kale  twenty-two.  Every  vessel  overtaking  any  other 
vessel  shall  keep  out  of  the  wav  of  the  last-mentioned 
vessel. 

Rule  twenty-three.  Where,  hy  Kulesseventeen.  nineteen, 
twenty,  and  twenty-two,  one  of  two  vessels  shall  keep  out 
of  the  way,  the  other  shall  keep  her  course,  subject  to  the 
qualitications  of  Rule  twenty-four. 

Rule  twenty-four.  In  construing  and  o))eying  these 
rules,  due  regard  must  be  had  to  all  dangers  of  naviga- 
tion, and  to  any  special  circumstances  which  may  exist  in 
any  particular  case  rendering  a  departure  from  them 
nec«>ssary  in  order  to  avoid  innnediat(>  danger. 

Rule  twentv-tive.   A  sail  vessel  which  is  ])eing  overtaken    f.-  '''•'/~;'f-. 

-.  .,  1111  '1  .'/»(/.  ,s,  lS'.h . 

by  anotiier  vessel  durmg  the  lught  shall  show  from  her  stern    {29stat.,  cm.) 
to  such  last-mentioned  vessel  a  torch  or  a  tiare-up  light.        ■'^''<"- ^5- 

Rule  twenty-six.  Nothing  in  these  rules  shall  exonerate 
any  ship,  or  the  owner,  or  master,  or  crew  thereof,  from 
the  consequences  of  any  neglect  to  carry  lights  or  signals, 
or  of  any  neglect  to  keep  a  proper  lookout,  or  of  the  neg- 
lect of  any  precaution  which  may  be  required  by  the  ordi- 
nary practice  of  seamen  or  by  the  special  circumstances  of 
the  case. 

[The  board  of  supervising  in.spectors  shall  establish  such    ^u,f'ii''\%o. 
reofulations  to  be  observed  l)v  all  steam-vessels  in  passing    hs stat..  320.) 

1        i.!  xi  1      II    ^  ■  i-  4-       .-•  1  Feb.S,lS95. 

each  other,  as  they  shall  from  tune  to  tune  deem  necessary    (2s stat..  6/,5.) 
for  safety;  two  printed  copies  of. such  regulations,  signed    '(sostat^.^m.) 
by  them,  shall  be  furnished  to  each  of  such  vessels,  and    see. 5. 
shall  at  all  times  be  kept  posted  up  in  conspicuous  places 
in  such  vessels.] 

[P^very  pilot,  engineer,  mate,  or  master  of  any  steam-    jane7'!'im. 
vessel  who  neglects  or  wilfully  refuses   to  observe   the    {sostdt.,ios.) 
regulations  established  in  pursuance  of  the  preceding  sec- 
tion, shall  be  liable  to  a  i)enalty  of  tifty  dollars,  and  for 
all  damages  sustained  by  any  passenger,  in  his  person  or 
baggage,  b}^  such  neglect  or  refusal.] 

On  any  steamers  navigating  rivers  only,  when,  f I'oui  ^j^JJ^'^'®'"  "a^'g^^- 
darkness,  fog,  or  other  cause,  the  pilot  or  watch  shall  be  k.  s.,  wsr. 
of  opinion  that  the  navigation  is  unsafe,  or,  from  accident 
to  or  derangement  of  the  machinery  of  the  l)oat,  the  chief 
engineer  shall  be  of  the  opinion  that  the  further  naviga- 
tion of  the  vessel  is  unsafe,  the  vessel  shall  be  ])rought  to 
anchor,  or  inoor(Ml  as  soon  as  it  can  ])rud{Mitly  be  done: 
J*r(*v/'dtd,  That  if  the  person  in  connnand  shall,  after  being 
so  admonished  by  either  of  such  officers,  elect  to  pursue 


358  BUEEAU    OF    NAVIGATION 

such  voyage,  he  may  do  the  same;  but  in  such  case  l)oth 
ho  and  the  owners  of  such  steamer  shall  bo  answerable  for 
all  damages  which  shall  arise  to  the  person  of  any  passen- 
ger, or  his  baggage,  from  such  causes  in  so  pursuing  the 
voyage,  and  no  degree  of  care  or  diligence  shall  in  such 
case  be  held  to  justify  or  excuse  the  person  in  command, 
or  the  owners. 
st^Marys^Riven     "^^^  Secretary  of  Commerce  and  Labor  hereby  is  author- 

Mar.  6, 1896.     izod  and  directed  to  adopt  and  prescribe  suitable  rules  and 

(-»•«■■  '■  regulations  governing  the  movements  and  anchorage  of 
vessels  and  rafts  in  Saint  Marys  River,  from  Point  Iro- 
quois, on  Lake  Superior,  to  Point  Detour,  on  Lake  Huron, 
and  for  the  purpose  of  enforcing  the  observance  of  such 
regulations  the  [said]  Secretary  of  the  Treasury  is  hereby 
authorized  to  detail  one  or  more  revenue  cutters  for  duty 
on  said  river. 

Seen.  All   officers  of  the  Revenue-Cutter  Service  who  are 

directed  to  enforce  the  regulations  prescribed  by  the  above 
rules  are  hereby  empowered  and  directed,  in  case  of  neces- 
sity, or  when  a  proper  notice  has  been  disregarded,  to  use 
the  force  at  their  command  to  remove  from  channels  or 
stop  any  vessel  found  violating  the  prescribed  rules. 

^^^■^-  In  the  event  of  the  violation  of  any  such  regulations  or 

rules  of  the  Secretary  of  Commerce  and  Labor  by  the  own- 
ers, master,  or  person  in  charge  of  such  vessel,  such  own- 
ers, master,  or  person  in  charge  shall  be  liable  to  a  penalty 
of  two  hundred  dollars,  and  the  vessel,  its  tackle,  apparel, 
furniture,  and  cargo,  at  any  time  used  or  employed  in  vio- 
lation of  such  regulations,  shall  be  forfeited  to  the  United 
Stat3s:  Provided^  That  the  Secretary  of  Commerce  and 
Labor  may  remit  said  fine  or  release  said  vessel  on  such 
terms  as  he  may  prescribe:  Provided  also ^Th&X  nothing 
in  this  Act  shall  be  construed  to  amend  or  repeal  the  Act 
entitled  "An  Act  to  regulate  navigation  on  the  Great 
Lakes  and  connecting  tributary  waters  as  far  east  as 
Montreal." 
fo?  regatta/"'^''     I"  order  to  provide  for  the  safety  of  passengers  on  excur- 

Mayi9,im.    siou  stoamors,  yachts,  oarsmen  and  all  craft,  whether  as 

•)  observers  or  participants,  taking  part  in  regattas,  amateur 

or  professional,  that  may  hereafter  be  held  on  navigable 

fsl'staL^sli)  waters,  the  Secretary  of  the  Treasury  be,  and  he  is  hereby, 
authorized  and  empowered  in  his  discretion  to  detail  revenue 
cutters  to  enforce  such  rules  and  regulations  as  may  be 
adopted  to  insure  the  safety  of  passengers  on  said  excursion 
steamers,  yachts,  oarsmen  and  all  craft,  whether  as  observ- 
ers or  participants,  taking  part  in  such  regattas. 

shipbuilders'  materials  in  bond 

A\f"sf^im  ^^'  materials  of  foreign  production  which  may  be  neces- 
(28 Stat,  s/,8'.)  sary  for  the  construction  of  vessels  built  in  the  United 
^^'^'  '■  States  for  foreign  account  and  ownership  or  for  the  pur- 

pose of  being  employed  in  the  foreign  trade  including  the 


BUREAU    OF    NAVIGATION  359 

uradc  Ix'twiMMi  tlu>  Atlantic  and  Pacitic  poi't-of  the  United 
States,  and  ail  such  materials  ncccssarv  for  the  huildiny-  of    '''J,')%''',}  '%l\ 
(heir  machinery,  and  all  articles  necc^ssarv  for  their  outfit    ■•<<,■.  u\"~  '' 
and  e(|uij)ment,  after  the  passage  of  this  Act,  may  he  im- 
portecl  in  hond  under  such  re»>-ulations  as  the  Secretary  of 
the  Ireasury  may  prescribe;  and  upon  proof  that  such     {3^siat.,s29.) 
materials  have  been  used  for  sin- h  purposes  no  duties  shall    •''''^- 'o- 
l>e  paid  thereon.     But  vessels  reeeivino*  the  benefit  of  this 
section  shall  not  be  allowed  to  engage  in  the  coastwise 
tiade  of  the  United  States  more  than  two  months  in  any 
one  year  except  upon  the  ])ayment  to  the  United  States  of 
the  duties  of  which  a  rid)ate  is  herein  allowed:   I^i-oi^'uled^ 
That  vessels  built  in  the  United  States  for  fonMon  account 
and  ownership  shall  not  l)e  allowed  to  en<>ao-e  in  the  coast- 
wise trade  of  th(>  United  States. 

consuls'  services  to  vessels 

Consuls  and  vice-consuls  shall  have  the  right,  in  the  ports  j..^^^ "esse'if  ^' 
or  places  to  which  tlu\v  are  severally  appointed,  of  receiv-  k.  s.,  vh. 
ino-  the  protests  or  declarations  which  captains,  masters, 
crews,  passengers,  or  merchants,  Avho  are  citizens  of  the 
United  States,  may  respectively  choose  to  make  there;  and 
also  such  as  any  fonMgner  may  choose  to  make  before  them 
relatives  to  the  personal  interest  of  any  citizen  of  the  United 
States.  Uopies  of  such  acts  duly  authenticated  by  consuls 
or  vice-consuls,  under  the  seal  of  their  consulates,  respec- 
tively, shall  be  received  in  evidence  equally  with  their  orig- 
inals in  all  courts  in  the  United  States. 

Every  consular  officer  shall  keep  a  detailed  list  of  all  sea-  ^^'^^l^]  ^^  ""^^p 
men  and  mariners  shipped  and  discharged  b}-  him,  specify-    k-  ■'i^,'i7os. 
ing  their  names  and  the  names  of  the  vessels  on  which  they 
are  shipped  and  from  which  they  are  discharged,  and  the 
payments,  if  any,  made  on  account  of  each  so  discharged; 
also  of  the  number  of  the  vesselsarrived  and  departed,  the 
amounts  of  their  registered  tonnag'e,  and  the  number  of 
their  seamen  and  mariners,  and  of  those  who  are  protected, 
and  whether  citizens  of  the  United  States  or  not,  and  as 
nearly  as  possible  the  nature  and  value  of  their  cargoes, 
and  where  produced,  and  shall  make  returns  of  the  same, 
with  their  accounts  and  other  returns,  to  the  Secretary  of    ffi'-J^; ^•?,*!- , 
Lonnnerce  and  Labor. 

Whenever  any  master  or  commander  of  a  vessel  of  the  a'.  .'<•..  jr/s. 
United  States  has  occasion  for  any  consular  or  other  offi- 
cial service,  which  any  consular  officer  of  the  United  States 
is  authorized  l)y  law  or  usac^e  officially  to  perform,  and  for 
which  any  fees  are  allowed  l)v  the  rates  or  tarifi's  of  fees, 
he  shall  ai:)plv  to  the  consular  officer  at  the  consulate  or    Rate  of  con- 

.  '  '    •  ,  .  .         .  •        1    *  sill  s  fees. 

commercial  agency  where  such  service  is  required  to  per- 
form such  service,  and  shall  pay  to  such  officer  the  fees 
allowed  for  such  service  by  the  rates  or  tariffs  of  fees. 
And  every  such  master  or  commander  who  omits  so  to  do 
shall  be  liable  to  the  United  States  for  the  amount  of  the 


360  BUREAU    OF    NAVIGATION 

fees  lawfull}'  c"luirgo;il>lo  for  .such  services  when  actually 
performed.     All    consular   officers    are    autlioi-izetl    and 
required  to  retain  in  their  possession  all  the  papers  of  such 
vessels,  which  shall  be  dei)osited  with  tlieni  as  directed  by 
law,  till  payment  shall  be  made  of  all  demands  and  wages 
on  account  of  such  vessels, 
jees,  how  pay-      ^q  fg^g  named  in  the  tariff  of  consular  fees  prescribed 
./Hne'26,issi,.    ])y  order  of  the  President  shall  be  charged  or  collected  by 
se^d^it"^^'^    consular  officers  for  the  official  services  to  American  ves- 
sels and  seamen.     Consular  officers  shall  furnish  the  master 
of  every  such  vessel  with  an  itemized  statement  of  such 
services  performed  on  account  of  said  vessel,  with  the  fees 
so  prescribed  for  each  service  and  make  a  detailed  report 
Feb.  i/„  1903.     to  the  Secretary  of  Commerce  and  Labor  of  such  services 
'sel.^io'." ''^'^'^   'ind  fees,  under  such  regulations  as  the  Secretary  of  State 
may  prescribe;  and  the  Secretary  of  Commerce  and  Labor 
shall  allow  consular  officers  who  are  paid  in  whole  or  in 
part  by  fees  such  compensation  for  said  services  as  they 
would  have  received  prior  to  the  passage  of  this  act:  Pro- 
tridcd.,  That  such  services  in  the  opinion  of  the  Secretary 
of  Commerce  and  Labor  have  been  necessarily  rendered. 
Compensation      jy^  cousular  officcr,  uor  auv  person  under  any  consular 

from  seamen  pro-  ^       ,  •     i  .  i  •         /i  •      r 

hibited.  ^  officcr  shall  make  any  charge  or  receive,  directly  or  incli- 

n.  .s.,  1719.       i-ectly,  any  compensation,  by  way  of  commission  or  other- 
wise, for  receiving  or  disbursing  the  wages  or  extra  wages 
to  which  any  seaman  or  mariner  is  entitled  who  is  dis- 
charged in  any  foreign  country,  or  for  any  money  advanced 
to  any  such  seaman  or  mariner  who  seeks  relief  from  any 
consulate  or  commercial  agency;  nor  shall  any  consular 
officer,  or  any  person  under  any  consular  officer,  ))e  inter- 
ested, directly  or  indirectly,  in  any  protit  derived  from 
clothing,   boarding,   or   otherwise   supplying  or  sending 
home  any  such  seaman  or  mariner.     Such  prohibition  as 
to  protit,  however,  shall  not  be  construed  to  relieve  or  pre- 
vent any  such  officer  who  is  the  owner  of  or  otherwise 
interested  in  any  vessel  of  the  United  States,  from  trans- 
porting in  such  vessel  any  such  seaman  or  mariner,  or  from 
receiving  or  being  interested  in  such  reasonable  allowance 
as  may  be  made  for  such  transportation  by  law. 
Fees  limited.        American    vessels    running    regularlv    by    weeklv    or 
'"'  '~  '       monthly  trips,  or  otherwise,  to  or  between  foreign  ports, 
shall  not  be  required  to  pay  fees  to  consuls  for  more  than 
four  trips  in  a  year. 
Fees  in  British     -pj^g  fgg  f^^.  certifying  invoices  to  be  charged  by  the  con- 
R.  s.,  1721.       sul-general  for  the   British   North  American  Provinces, 
and  his  subordinate  consular  officers  and  agents,  for  goods 
not  exceeding  one  hundred  dollars  in  value,  shall  be  one 
dollar. 
Naval  officer     The  Commanding  officer  of  any  fleet,  squadron,  or  ves- 
^^^"l^jwr''"' '  sel  acting  singly,  when  upon  the  high  seas  or  in  any  for- 
eign port  where  there  is  no  resident  consul  of  the  United 
States,  shall  be  authorized  to  exercise  all  the  powers  of  a 
consul  in  relation  to  mariners  of  the  United  States. 


BUREAU    OF    NAVIGATION 


361 


CUSTOMS  DISTRICTS,  PORTS,  AND  STJBPORTS 


[No  customs  otticers  arc  slationod  at  places  marked  tlius  (*).nnd  ctmsiilar  invoices  and  Iraiisportalinii 
entries  sliould  not  be  forwardi'd  to  sncl)  places.  The  collectors  of  customs  are  stationed  only  at 
the  ports  of  entry.  At  each  one  of  the  sulp|M>rts  of  entry,  except  tliose  starred,  a  deputy  collector  is 
stationed,  with  authority  to  pcrlorm  tlu'  tjencral  dutiis  of  a  collectDr  relatin,!;:  to  navi^'iition;  at  the 
.Jersey  City  suhporl  of  entry  an  assistant  collector  is  statioue<l  with  the  same  power.  .\t  the  i>orts 
i>f  delivery  not  starred  customs  otlieers  other  than  collectors  of  customs  are  st:itionc(l,  but  such 
customs  ohicers  df>  not  have  authority  to  I'litcr  and  clear  vessels,  e.xcei>t  at  the  I'ollowini:  places: 
Camden,  N.  J.,  where  '-'Ml  K.  S.  authorizes  the  a.s.sistaut  collector  to  enter  and  char  vi'ssels  like 
collector  at  Philadelphia,  and  at  Cold  Springs,  Greenport,  and  I'ort  JetTer.son,  New  York,  where  the 
surveyors  are  authorized  by  4345  R.  S.  to  enter  and  clear  vessels  employed  in  whale  fi.sheries.] 


Districts. 


I'orts  of  entrv. 


MAINE. 

Aroostook I  Houlton. 

l'assama(iuoddy Kastport. 

Calais,  subjiort  of  entry 

Maehias Macliias. 

Frenehmans  Bay Kllsworth 

Mount  Desert  Ferry,  subport  of  entry. 

Castiue Castine 


I'orts 


■  delivery. 


bangor '  Bangor 

Vanceboro,  subport  of  entry  .. 
Lowelltovvn,  subport  of  entry. 

Belfast Belfast 


Waldoboro 


Wisca.sset. 


Waldoboro .". , 

Rockland,  subport  of  entry. 


Bath  ;  Bath 


Portland  and  Falmouth 

-aco 

Kennebinik 

York 

NI.W    H.\MPSKinE, 

Portsmouth 


Vermont 


Saco 

Keiinebunk. 
York. 

Portsmouth . 


Burlington. 

St.  Albans,  subport  of  entry. 
Alburfj,  subport  ol  entry 
East  Alburg,  subport  of" entry. 
Swauton,  subport  of  entry 
Higheate,  subport  of  entry. 
Frankhu,  subport  of  entry. 
West  Berkshire,  subport  ot  entry. 
Windmill  Point,  suDport  of  entry. 
Richford,  subport  of  entry. 


*  Pembroke, 

*  Kobbinston. 


I'liioii  River. 


*Bluehill. 
Deer  Island. 
Bucksport. 

♦Frankfort. 
*  Hampden. 


*  Prospect. 
Rockport. 
Vinalhaven. 
North  Haven. 
Camden. 

♦Bristol. 
Damari.scotta. 

*  Warren. 
Thomaston. 

*  Cushing. 
St.  George. 

Boothbay. 
*Alna. 

♦Hallowell. 

♦Pittston. 

♦Georgetown. 

♦Bowdoinham. 

♦Gardiner. 

*  Richmond. 

*  North  Yarmouth. 
♦Brunswick. 

*  Freeport. 
♦Harps  well. 

*  Scarboro. 

♦Wells. 
Kennebunk  Port. 


♦  Newcastle. 
♦Dover. 

♦  Exeter 
♦Kitierv,  Me. 

♦  Berwick. 


362 


BUREAU    OF    NAVIGATION 

Customs  districts,  ports,  and  suhports — Continued 


Districts. 

Ports  of  entry. 

Ports  of  delivery. 

VERMONT — continued. 

Newport. 

North  Troy,  suLiport  of  entry. 
Derbylinei  subport  of  entry! 
Island  Pond,  subport  of  entry. 
Canaan,  subport  of  entry. 
Beecher  Falls,  subpcirt  of  entry. 

Newhnrvport 

M.-^SSACHUSETTS. 

Newliurvport 

Gloucester 

Gloucester  .. 

♦Salisbury. 

♦  Haverhill. 

♦  Newbury. 

♦  Ipswich! 

Salem  and  Beverly 

*  Rockport. 

Marblehead 

Boston  and  Charlestown 

Boston 

♦  Med  ford. 

Plymouth 

I'lvmouth 

♦  Cohasset. 

♦  Hingham. 

♦  Weymouth. 

♦  Cambridge. 

♦  Roxbury! 

♦  Dorchester. 
Worcester. 

♦Scituate. 

Barnstable 

♦  Kingston. 
♦Duxburv. 

♦  Marshfield. 

♦  Sandwich 

Nantucket 

Nantucket. 
Edgartown. 

Falmouth. 

♦Harwich. 

♦Wellfleet. 

Provincetown. 

Chatham. 

♦Dennis. 

Edgartown 

New  Bedford 

♦  Westport. 

♦  Rochester. 

♦  Wareham. 

Fall  River 

Fall  River 

KHODE  ISLAND. 

Newport 

Newport 

♦Somerset. 
♦Freetown. 
♦Berkley. 
♦Taunton. 

♦  North  Kingston 
♦Tiverton. 

♦  Barrington. 

♦  Pawtuxet. 

Bristol  and  Warren 

Providence 

CONNECTICUT. 

Stonington 

♦East  Greenwich. 

New  London  

Hartford 

Hartford 

♦Groton. 
♦  Lyme. 

♦Savbrook. 

♦Enfield. 

♦  Clinton. 
♦Westbrook. 

♦  Old  Saybrook. 

♦  Essex. 

♦  Chester. 

♦  Haddam. 

♦  East  Haddam. 

♦  Mlddletown. 

♦  Chatham. 

BUREAU    OF    NAVIGATI(»N 

Ciistouis  (lisfrlrt.i,  pinis,  and  sitlipuiix — Ccnitimu'il. 


363 


Districts. 


I'ditsuf  ciUrv. 


Champlain 

Oswegatcliie 

Cape  Vincent 

Oswego 

Genesee 

Miagara  

Buffalo  Creek 

Dunkirk 

NEW  JERSEY. 

Newark 

Pertli  Amboy 

Little  Kgg  Harlx  ir 

Great  Egg  H-irlior 

Bridgeton 

Burlington 

PENKSYI.VANIA 

I'hiladelphia 

Erie 

IMttsburg 

DELAWAEE. 

Delaware 


New  liavon. 


Bridgeport 

Stamford,. subport  of  entry. 


Sag  Harbor , 


New  York  

Jersey  City,  subport  of  entry. 


Plattsburg 

Ogdensburg. 

Cape  Vincent. 

Oswego. 

Genesee  River  (Rochester). 

Niagara  Falls. 

Buffalo.    ' 

Dvinkirk .i 


Newark 

Perth  Amboy 
Tuckerton. 
Somers  Point. 
Bridgeton 


Ports  of  ^'.eliverv. 


*  Portland. 
♦Cromwell. 
♦Rockvhill. 
♦Wethersficld. 
*(ilast(iiibnrv. 
*Kn<  IIartl"(')rd. 
Springtield,  Mass. 

*  Vernon  (Kockville). 

*  South  Manchester. 

*  Guilford. 
*Branfor(l. 
*Milford. 

*  Derby. 

*  Nor  walk. 
♦Stratford. 
♦Greenwich. 


Greenport. 

♦  New  Windsor. 

♦  Newburgh. 

♦  Poughkeepsie. 

♦  Esopus. 

♦  Kinderhook. 
Albany. 

♦  Hudson. 
♦Troy. 

♦  Rhinebeck  Landing. 
Coldspring. 

Port  .Jefferson. 
Patchogue. 

♦Whitehall. 
Fort  Covington. 


Trenton. 


*  Barcelona. 
♦Silvercreek. 

♦  Cattaraugus  Creek. 
Syracuse. 


♦Elizabeth. 


♦  New  Brunswick. 

♦  Middletown  Point. 


♦  Salem. 

♦  Port  Elizabeth. 


Trenton. 


Philadelphia Camden,  N.  J. 

Chester. 

Erie Titu.sville. 

Pittsburg. 


Wilmington , ♦  Newcastle. 

Seaford,  subport  of  entry ♦  Port  Penn. 

*  Delaware  City. 


364 


BUEEAU    OF    NAVIGATION 

C'usto7ns  districts,  ports,  and  subparts — Continued. 


MAKYLAND. 

Eastern 

Baltimore 


Annapolis  . 


DISTRICT  OF  COLUMBIA. 

Georgetown 

VIRGINIA. 

Cherrystone 


Alexandria 

Tappahannoek . 


Newport  News 

Norfolk  and  Portsmouth 

Petersburg 

Richmond 

NORTH   CAROLINA. 

Albemarle 

Pamlico 

Beaufort 

Wilmington 

SOUTH   CAROLINA. 

Georgetown 

Charleston 

Beaufort 


UEORGIA. 

Savannah  

Brunswick  


St.  Marys . 


FLORIDA. 

Fernandina 

St.  Johns 

St.  Augustine 


Kev  West . 


Tanii)a 

St.  Mark.s. 


Ports  of  entry. 


Crisfield.. 
Baltimore 

Annapolis 


Washington. 


Cape  Charles  City  (Eastville). 


Alexandria  . 


Ports  of  delivery. 


*  Salisbury. 

*  Cambridge. 

*  Easton. 

*  Havre  de  Grace. 

*  Benedict. 

*  Lower  Marljaoro. 

*  Townereek. 

*  Cedar  Point. 

*  Nottingham. 

*  St.  Marys. 


*  Snow  Hill. 

*  Folly  Landing. 


Tappahannoek *  Port  Royal. 

*  Fredericksburg. 

*  Yeocomico. 


♦Suffolk. 
*Smithfleld. 


Newport  News Yorktown. 

Norfolk  and  Portsmouth 

Petersburg  to  City  Point. 

Richmond. 

Westpoint,  .snbport  of  entry. 


Elizabeth  City. 

Newbern 

Beaufort. 
Wilmington. 

Georgetown. 

Charleston. 

Beaufort. 


Savannah . . 
Brunswick. 


Durham. 


*  Augusta. 


*  Frederica. 
Darien. 


St.  Marys Atlanta. 


Fernandina. 

Jacksonville. 

St.  Augustine. 

*  Jansen,  subport  of  entry. 

Key  West. 

Punta  Gorda,  snbport  of  entry. 
Palm  Beach,  subport  of  entry. 
Miami,  subport  of  entry. 

Tampa. 


Cedar  Keys 

Port  Inglis,  subport  of  entry. 


*St.  Marks. 
*  Magnolia. 
*Oeala. 


BUREAU    OF    NAVIGATION 

Customs  districts,  jxnis,  atid  siibjitnin — Contimied. 


305 


Districts. 

i'orts  of  entry. 

Ports  of  delivery. 

FLORIDA— i'otitinue<l. 

Apflliu'hic'olii 

.Vlialiicliicola. 

Carrabelle.siibportof  entry  and  delivery. 

l*0IlSllCOlil 

Pensacola. 

ALABAMA. 

Mobile 

Mobile 

♦Montgomery. 

MISSISSIPPI. 

IV'iirl  River 

Shieldsboro  (Bay  St.  Loui.s) 

Ea.st  Pascagoula  (Scran- 
ton)  . 
*  Peariington. 

Ship  Island. 

Nfttchez 

Natchez 

♦Grand  Gulf. 

Vicksburgf 

Vicksburg. 

LOriSIANA. 

New  Orleans 

New  Orleans 

Wheeling,  W.  Va. 
Council  Bluffs,  Iowa. 

Cincinnati,  Ohio. 

Louisville,  Ky. 

St.  Louis,  Mo. 

Sioux  City,  Iowa. 

- 

Memphis,  Tenii. 

Evan.sville,  Ind. 

Burlington,  Iowa. 

Dubuque,  Iowa. 

*  Leavenworth,  Kans. 

Omaha,  Nebr. 

Kansas  City,  Mo. 

St.  Joseph,  Mo. 

♦Shreveport,  La. 

La  Cnisse,  Wis. 

CliattiUKKiKa,  Tenn. 

♦  Portsmouth,  Ohio. 

Paducah,  Ky. 

Lincoln,  Nebr. 

Knoxville,  Tenn. 

Teche 

Brashear  (Morgan  City). 

Calcasieu  Pass,  subport  of  entry. 

TEXAS. 

Galveston 

Galveston 

♦Houston. 

*Velasco,  subport  of  entry. 

Sabine  Pass,  subport  of  entry. 

Saluria 

Eagle  Pass 

San  Antonio. 

♦  Matagorda. 

♦Copano. 

Lavaca. 

Corpus  Christi 

Corpus  Christi 

♦  Aransas. 

Laredo,  .subport  of  entry. 

*  Rockport,  subport  of  entry. 

Brazos  de  Santiago 

Brownsville. 

Pa.so  del  Norte 

El  Paso. 

CALIFORNIA. 

San  Diego 

San  Diego. 

Los  Angeles 

Los  Angeles. 

♦Santa  Barbara,  .subport  of  entry. 
San  Pedro,  subport  of  entry. 

San  Francisco 

San  Francisco 

♦Vallejo. 

Oakland,  suhiiorl  nf  entry. 

♦San  Luis  Obispo. 

Humliold  t 

Eureka 

Crescent  Citv. 

366 


BUKEAU    OF    NAVIGATION 

Customs  districts,  j'orts,  and  subparts — Continued. 


Districts. 

Ports  of  entry. 

Ports  of  delivery. 

OREGON  AND  WASHINGTON. 

Southern  district  of  Oregon  . 

Coos  Bay  (Empire  City)  

*  Ellensburg. 

*  Port  Oxford. 

♦  Gardiner. 

Yaquina 

Yaquina 

♦Newport. 

Oregon 

Astoria. 

Willamette 

Portland. 

Port  Townsend. 

Puget  Sound 

Aberdeen,  subport  of  entry. 

Anacortes,  subport  of  entry. 

Blaine,  subport  of  entry. 

Everett,  siiliiiort  of  entry. 

Friday  llurlior,  subport  of  entry. 

*Grays  Harbor,  suliport  of  entry. 

Danville,  .subjiort  of  entry. 

Whatcom,  subport  of  entry. 

Northjiort,  suliport  of  entry, 

Port  An,i,'i'les,  subport  of  entry. 

Roehe  llarlior,  stibport  of  entry. 

Seattle,  subport  of  entry. 

Sumas,  subport  of  entry. 

Tacoma,  subport  of  entry. 

ALASKA. 

Alaska 

Sitka. 

*Cook  Inlet  (Homer),  subport  of  entry. 

*  Dyea,  subport  of  entry. 

Eagle  City,  subport  of  entry. 

Juneau,  subport  of  entry. 

*Karluk,  subport  of  entry. 

Ketchikan,  subport  of  entry. 

Kodiak,  subport  of  entry. 

Nome,  siibi)ort  of  entry. 

*  Mary  Island,  subport  of  entry. 

*  Orcii,  subport  of  entry. 

St.  Michael,  subport  of  entry. 

Skagway,  subport  of  entry. 

Unaiaska,  subport  of  entry. 

I'liLca,  sulijiort  of  entry. 

Vnldez,  suliport  of  entry. 

WrauKell,  subport  of  entry. 

MONTANA   AND  IDAHO. 

Montana  and  Idaho 

Great  Falls 

Bouners  Ferry. 

MINNESOTA. 

Minnesota 

St.  Paul. 

Minneapolis,  subport  of  entry. 

Duluth 

Duluth. 

WISCONSIN. 

Milwaukee 

Milwaukee 

Kenosha. 

Racine. 

Sheboygan. 

Greenbay. 

*Depere. 

MICHIGAN. 

Michigan 

Grand  Haven 

Chel)oygan. 

Manistee. 

Ludington. 

*  Saginaw. 

Huron 

Port  Huron. 

Detroit. 

Marquette 

Detroit 

Superior i 

Sault  Ste.  Marie. 

Superior,  subport  of  entry. 

Mackinaw. 

Ashland,  subport  of  entry. 

Gladstone,  subport  of  entry. 

Port  of  delivery 

Grand  Rai)ids. 

BUREAU    OF    NAVIGATION 

CukIo»i.'<  <iinlrl<-ts,  pnrl.i,  timl  .lulijuiiix — C"»iiitiiuii'il. 


367 


t'levelanil. 

Conneaut,  siibport  o!  entry. 


Port  of  ilelivery  .. 

COI.OKAI) 

Ports  of  di'livcry  . 


Arizona 


NORTH    ANr>  SOUTH    r>AKOTA. 

North  and  South  Dakota  ... 

TEKNESSEE. 

Port  of  delivery 

IOWA. 

Port  of  delivery 

HAWAIIAN    ISLANDS. 

Hawaii 


Porto  Rico. 


Nogales. 

Doughis,  siibport  of  entry. 


Pembina,  N .  Dak 

Portal,  X.  Dak.,  .^ubport  of  entry. 


Honolulu. 

Hilo,  subport  of  entry  and  delivery. 
Koloa,  Kauai,  subport  of  entry  and  de- 
livery. 
Kahului,  subport  of  entry  and  delivery. 
Mahukona,  subport  of  entry  and  delivery. 

San  Juan. 

Aguadilla,  subport  of  entry. 
Arecibo,  subport  of  entry. 
Arroyo,  subport  of  entry. 
Fajardo,  subport  of  entry. 
Humacao,  suV)port  of  entry. 
Mayaguez,  subport  of  entry. 
Police,  subport  of  entry. 
*  Gu-mica,  subport  of  entry. 


Fairport. 
Columbus. 


Denver. 
♦Pueblo. 

*  Durango. 

*  Leadville. 


*Sioux  Falls,  S.  Dak. 


Nashville,  Tenn. 


Des  Moines,  Iowa 


J''irti<  (it  which  merchandise  maij  he  entered  for  Iransportalioii  to  other  ports  without  appraise- 
ment under  the  act  of  June  10,  1880. 


Astoria,  Oreg. 
Baltimore,  .Md. 
Bangor.  .Me. 
Bath,  .Me. 
Beeeher  Falls.  Vt. 
Boston,  Mass. 
Burhngton,  Vt. 
Calais,  Me. 
Charleston.  S.  (' 
Chicago.  111. 
Cleveland.  Ohio. 
Detroit.  Mull. 
Duluih.  Minn. 
Eagle  Pass.  Tex. 
Ea.«tport,  Me, 


El  Paso,  Tex. 
Everett,  Wash. 
Fernandina.  Fla. 
(ialveston,  Tex. 
Gladstone,  Mich. 
Honolulu.  H.  I. 
Island  Pond.  Vt. 
Key  West.  Fhi. 
I.afedr).  Tex. 
Los  .\ngeles,  Cal. 
Mari|\iette,  Mich. 
Miami,  Fla. 
Milwaukee,  Wis. 
Mobile,  Ala. 
New  (Jrleans,  La, 


Newport,  Vt. 
Newport  News.  Va. 
New  York,  N.  Y. 
Niagara  Falls,  N.  Y. 
Nogales,  Ariz. 
Norfolk.  Va. 
Ogdensburg,  N.  Y. 
Pensrtcola,  Fla. 
PhihKielphia,  Pa. 
Port  Huron.  Mich. 
Portal,  N.  Dak. 
Portland.  Me. 
Portland,  Ortg. 
Port  Townsend,  Wash. 
Kichforil,  Vt, 


Rochester,  N.  Y. 
St.  Albans,  Vt. 
San  Diego,  Cal. 
San  Francisco,  Cal. 
SaultSte.  Marie.  Mich. 
Savannah,  Ga. 
Seattle,  Wash. 
Sioux  City,  Iowa. 
Tacoma,  Wash. 
Tampa,  Fla. 
Toledo,  Ohio. 
Vanceboro.  .Me. 
Wilmingtcin.  N.  ('. 


368 


BUREAU    OF    NAVIGATION 


Ports  to  which  merchandise  via;/  hi'  transported  ■witliotU  appraiseinent  under  the  act  of 

June  10,  ISSO. 


Albany,  N.  Y. 
Astoria,  Oreg. 
Atlanta,  Ga. 
Baltimore,  Md. 
Bangor,  Me. 
Bath,  Me. 
Boston,  Mass. 
Bridgeport,  Conn. 
Buffalo,  N.  Y. 
Burlington,  Vt. 
Calais,  Me. 
Charleston,  S.  C. 
Chicago,  111., 
Cincinnati,  Ohio. 
Cleveland,  Ohio. 
Columbus,  Ohio. 
Council  Bluffs,  Iowa. 
Denver,  Colo. 
Des  Moines,  Iowa. 
Detroit,  Mich. 
Dubuque,  Iowa. 
Duluth,  Minn. 
Dunkirk,  N.  Y. 
*Durango,  Colo. 
Durham,  N.  C. 
Eagle  Pass,  Te.x. 
Eastport,  Me. 
El  Paso,  Tex. 


*Entield,  Conn. 
Erie,  Pa. 
Evansville,  Ind. 
Everett,  Wash. 
Fall  River,  Mass. 
Galveston,  Te.x. 
Gladstone,  Mich. 
Grand  Haven,  Mich. 
Grand  Itapids,  Midi. 
Greenbay,  Wis. 
Hartford,  Conn.  ■ 
Honolulu,  H.  I. 
Indianapolis,  Ind. 
.Tacksouville,  Fla. 
Kansas  Citv,  Mo. 
Key  West,  Fla. 
Kno.xville,  Tenn. 
Laredo,  Tex. 
*Leadville,  Colo. 
Lincoln,  Nebr. 
Los  Angeles,  Cal. 
Louisville,  Ky. 
Marquette,  Mich. 
Mempiiis,  Tenn. 
*Middk'town,  Conn. 
Milwaukee,  Wis. 
Minneapolis,  Minn. 
Mobile,  Ala. 


Nashville,  Tenn. 
Newark,  N.  .1. 
New  Bedford,  Mass. 
New  Haven,  Conn. 
New  Orleans,  La. 
Newport,  R.  I. 
Newport  News,  Va. 
New  York,  N.  Y. 
Niagara  Falls,  N.  Y. 
Nogales,  Ariz. 
Norfolk,  Va. 
Oakhmd,  Cal. 
*Ocahi,  Fla. 
Ogdensburg,  N.  Y. 
Omaha,  Nebr. 
Petersburg,  Va. 
Philadelphia,  Pa. 
Pittslmrg,  Pa. 
Port  Huron,  Mich. 
Portland,  Me. 
Portland,  Greg. 
Portsmouth,  N.  H. 
Port  Townsend,  Wash. 
Providence,  R.  I. 
Pueblo,  Colo. 
Richmond,  Va. 
Rochester,  N.  Y. 
St.  Augustine,  Fla. 


St.  Joseph,  Mo. 
St.  Louis,  Mo. 
St.  Paul,  Minn. 
Saginaw,  Mich. 
San  .\ntonio,  Tex. 
San  Diego,  Cal. 
Sandusky,  Ohio. 
San  Francisco,  Cal. 
Sault  Ste.  Marie,  Mich. 
Savannah,  Ga. 
Seattle,  Wash. 
Sioux  City,  Iowa. 
*South  Manchester, 

Conn. 
Springfield,  Mass, 
Syracuse,  N.  Y. 
Tacoma,  Wash. 
Tampa,  Fla. 
Titusville,  Pa. 
Toledo,  Ohio. 
Vanceboro,  Me. 
*Vernon  (  RoekviUe). 

Conn. 
Washington,  D,  C. 
Wilmington,  Del. 
Wilmington,  N.  C. 
Worcester,  Mass. 


lAst  of  jMrts  at  which  bonded  wareJiOuses  are  estidiUsJied. 


Apalachicola,  Fla. 
Atlanta,  Ga. 
Baltimore,  Md. 
Bangor,  Me. 
Bath,  Me. 

Bonners  Ferry,  Mont. 
Boothbay.  Me. 
Boston.  Ma.ss. 
Bridgeport,  Conn. 
Buffalo,  N.  Y. 
Cape  Vincent,  N.  Y. 
Castine,  Me. 
Chattanooga,  Tenn. 
Chicago,  111. 
Cincinnati,  Ohio. 
Corpus  Christ!,  Tex. 
Denver,  Colo. 
Detroit,  Mich. 
Duluth,  Minn. 
Durham,  N.  C. 


Eagle  Pass,  Tex. 
Eastport,  Me. 
El  Paso,  Tex. 
Erie,  Pa. 
Evansville,  Ind. 
Fall  River,  Mass. 
Galveston,  Tex. 
Gloucester.  Mass. 
Grand  Rapids,  Mich. 
Great  Falls,  Mont. 
Green  Bay,  Wis. 
Hartford,  Conn. 
Honolulu,  Hawaii. 
Indiaiuipolis,  Ind. 
Kansas  Citv,  Mo. 
Key  West,  Fla. 
Lincoln,  Nebr. 
Los  .\ngeles,  Cal. 
Louisville,  Ky. 
Minneapolis,  Minn. 


New  Haven,  Conn. 
New  London,  Conn. 
New  ( irleans,  La. 
Netvport  News,  Va. 
Newark,  N.  J. 
New  York,  N.  Y. 
Niagara  Falls,  N.  Y. 
Ogdensburg.  N.  Y. 
Omaha,  Nebr. 
Oswego,  N.  Y. 
Pensaeola,  Fla. 
Pertli  Am  boy,  N.  .J. 
Petersburg,  Va. 
Philadelphia,  Pa. 
Pittsburg,  Pa. 
Plattsburg,  N.  Y. 
Port  Huron,  Mich. 
Portland,  Me. 
Portland,  Oreg. 
Portsmouth,  N.  H. 


Port  Townsend,  Wash. 
Provincetown,  Mass. 
Richmond,  Va. 
Rochester,  N.  Y. 
St.  Joseph,  Mo. 
St.  Louis,  Mo. 
St.  Michael,  Alaska. 
St.  Paul,  Minn. 
Salem,  Ma.ss. 
San  Diego,  Cal. 
San  Francisco,  Cal. 
San  Juan,  P.  R. 
Savannah,  Ga. 
Siou.x  City,  Iowa. 
Skagway,  Alaska. 
Syracuse,  N.  Y. 
Tampa,  Fla. 
Toledo,  Ohio. 


List  of  ports  ivhere  the  custom-house  premises  are  used  fur  the  st<n-a(je  of  imported  ijonds  in 

bond. 


Albany,  N.  Y. 
Aguadilla,  P.  R. 
Arecibo,  P.  R. 
Arroyo,  P.  R. 
Bangor,  Me. 
Charleston,  S.  C. 
Cleveland,  Ohio. 


Columbus,  Ohio. 
Fajardo,  P.  R. 
Humaeao,  P,  R. 
.laeksonville,  Fla. 
Marquette,  Mich. 
Mayaguez,  P.  R. 
INIemphis,  Tenn. 


Milwaukee,  Wis. 
Nashville.  Tenn. 
Norfolk,  Va. 
Peoria,  111. 
Ponce,  P.  R. 
Providence.  R.  I. 
Sanduskv,  Ohio, 


San  Juan,  P.  R. 
Springfield,  Mass, 
W  a  .s  h  i  n  g  ton,    1  > 

(Georgetown  K 
Wilmington,  Del, 


Power  to  des      ''pjjg  Secretapv  of  the  Trea.surv  may  desisfnate,  from  time 

ignate  ports  and  •'.,,.  •  i     ■•    ,     •    .    rV  »  i      -\      ^       i  •    i 

subports.  to  time,  places  within  said  district  LLos  Ano'eles   at  wnicti 

Mar.  31,  1SS2  ^     -  -  -  -     ^    .   ,  ;->       .    ■ 


{27  Slat.,  U.) 


Mai:   in,    ISO'j 
{29  SlaL,  no.) 

Feb  II,.  1903. 
{32  Slat,  H25.) 
Sec.  10.     ' 


May  22,  ISOn. 
(29  Slat.,  13!,. ) 
Sec.  2. 


custom.s  officei'.s  may  be  stationed,  with  authority  to  enter 
and  clear  vessels,  receive  duties,  fees,  and  other  moneys, 
and  perform  such  other  services  as  in  his  judoment  the 
interests  of  commerce  may  require. 

Such  other  places  [in  Alaska]  as  may  be  desii>-iiated  by  the 
Secretary  of  the  Treasury,  as  the  interests  of  commerce 
may  require,  shall  be  su))ports  of  entry  or  delivery  or  both; 
and  customs  ofhcers  shall  be  stationed  at  such  subi)orts, 
with  authority^  to  enter  and  clear  vessels,  etc. 

Siich  other  places  in  the  State  of  Colorado  as  th(>  Sec- 
retary of  the  Treasury  may  desio'iiatc  from  time  to  lime 
shall   be  ports  of  deli\ery,  with  all  the  privilej>-es   now 


BUREAU    OF    NAVIGATION  309 

;i('coi(1(m1  l)y  liiAV  to  the  port  of  Denver,  Colorado,  tlie  sur- 

M'VoroF  customsof  which  poi(  shall  supoi-vise  theeustonis 

Itusiiiess  transacted  at  such  places  in  th(^  same  manner  and 

to  the  same  extent  as  at  Deiuer. 

Such  i)lac(>s  in  the  collection  districts  in  the  State  of    /""£/?•  ^f»^-, 
,,,     .  I     '     ,1      .,         ,  ,.  ,1     rp  ,.  ,.         ,       (yj  Slat.,  SSI,.) 

l<lc)ruia  as  tli(>  Secrc^tary  ot  the  1  reasurvmay  irom  tune  to 

time  desii;"nate  shall   ho  sul)ports  of  entry  and  deliver}', 

and  customs  otHcers  shall  he  stationed  at  such  suhports, 

with  authority  to  enter  and  clear  vessels,  receive  duties,    f^JJai^s^^'^ 

fees,  and  other  mone3's,  and  perform  such  other  services    Src.  w^" 

and  receive  such  compensation  as,  in  the  judo-uient  of  the 

Secretary  of  the  Treasury,  the  exio-(>ncies  of  conunerce  may 

re(|uire. 

Such  other  ports  as  the  Secretarv  of  the  Treasury  shall    fJ^%lf  ^'^^^\ 
from  time  to  time  desig-nate  shall   he  suhports  of  entry    vr, ;?.  "' 
[Fu«;'et  Sound]  and  customs  oliicei's  shall  he  stationed  at    {32'stat.,''82<j.) 
such  suhports,  with  authority  to  enter  and  clear  vessels,    '*c.  jo. 
receive  duties,  fees,  and  other  moneys,  and  perform  such 
other  services  and  receive  such  compensation  as,  in  the 
judgment  of  the  Secretary  of  the  Treasury,  the  exigencies 
of  conunerce  ma}"  require. 

Such  places  in  the  customs  district  of  the  Territory  of    Mar.  $,  looi. 
Hawaii  as  the  Secretary  of  the  Treasury  may  from  time    ('^^  ■''■'«'■.  w.??'.) 
to  time  desionate  shall  be  suhports  of  entry  and  delivery, 
and  customs  otticers  shall  he  stationed  at  such  suhports 
with  authority  to  enter  and  clear  vessels,  receive  duties,    ^'|\,YaiT4) 
fees,  and  other  moneys,  and  perform  such  other  services    sec.'io." 
and  receive  such  compensation  as  in  the  judg-ment  of  the 
Secretary  of   the  Treasury  the  exigencies  of   commerce 
may  re([uire:  Provided.,  lunrever^  That  the  Secretary  of  the 
Treasury  he.  and  he  is  hereby,  authorized  and  empowered 
to  discontinue  such  su])ports  of  entry  or  delivery  whenever 
in  his  judgnient  there  is  necessity  for  such  action. 

The  S(H'retary  of  the  Treasury  shall  tlesiguate  the  several    -'^'J'";./^;^-  '•'^?<^,- 
ports  and  suhports  of  entry  in  Porto  Rico  and  shall  make    .Sfc.'^" 
such  rules  and  i-eg-ulations  and  appoint  such  agents  as  may 
be  necessar}^  to  collect  the  duties  and  taxes  authorized  to 
be  levied,  collected,  and  paid  in  Porto  Rico  by  the  pro-    fi'sMtH'sii) 
visions  of  this  Act,  and  he  shall  fix  the  compensation  and    ^ec.  lo.  ' 
provide  for  the  payment  thereof  of  all  such  officers,  agents 
and  assistants  as  he  may  tind  it  necessary  to  employ  to 
carry  out  the  provisions  hereof.     *     *     ^' 

CUSTOMS   OFFICEKS 

At  each  of  the  ports  to  which  there  are  appointed  a  col-    ^-  ^-  ^^~^- 
lector,  naval  officer,  and  surveyor,  it  shall  be  the  duty  of 
the  collector: 

First.  To  receive  all  reports,  manifests,  and  documents 
to  he  made  or  exhibited  on  the  entry  of  any  ship  or 
vessel,  according  to  the  regulations  of  this  Title  [R.  S. 

Second.  To  record,  in  books  to  be  kept  for  that  pur- 
pose, all  manifests. 

Third.  To  receive  the  entries  of  all  ships  or  vessels,  and 
of  the  goods,  wares,  and  merchandise  imported  in  them. 

27628—04 24 


370  BUEEAU    OF    NAVIGATION 

Fourth.  To  estimate, tog-ether  with  the  naval  officer  where 
there  is  one,  or  alone  av here  there  is  none,  the  amount  of  the 
dues  pa^^able  thereupon,  indorsing  such  amount  upon  the 
respective  entries. 

Fif t-h.  To  receive  all  moneys  paid  for  duties,  and  take  all 
bonds  for  securing  the  payment  thereof. 

Sixth.  To  grant  all  permits  for  the  unlading  and  delivery 
of  goods. 

Seventh.  To  employ,  with  the  approval  of  the  Secretary 
of  the  Ti'easury ,  proper  persons  as  weighers,  gangers,  meas- 
urers, and  inspectors  at  the  several  ports  within  his  district. 

Eighth.  To  provide,  with  the  like  approval,  at  the  pul)lic 
expense,  store-houses  for  the  safe-keeping'  of  goods,  and 
such  scales,  weights,  and  measures  as  may  be  necessar}-. 
E.  s.,  2622.  At  ports  to  whicli  a  collector  and  surveyor  only  are  ap- 

pointed, the  collector  shall  solely  execute  all  the  duties  in 
which  the  co-operation  of  the  naval  officer  is  requisite  at  the 
ports  where  a  naval  officer  is  appointed.  And  he  shall  act 
in  like  manner  in  case  of  the  disability  or  death  of  the  naval 
officer,  until  a  successor  is  appointed,  unless  there  is  a  deputy 
dul}'  authorized  under  the  hand  and  seal  of  the  naval  officer, 
who  in  that  case  shall  continue  to  act  until  an  appointment 
is  made. 
B.  s.,  262S.  At  ports  to  which  a  collector  onl}^  is  appointed,  the  col- 

lector shall  solely  execute  all  the  duties  in  which  the  co-oper- 
ation of  the  naval  officer  is  requisite,  at  ports  where  a  naval 
officer  is  appointed,  and  he  shall  also,  as  far  as  ma}"  be,  per- 
form all  the  duties  prescribed  for  surveyors  at  ports  where 
surveyors  are  authorized. 
B.s.,2621,.  At  ports  of  delivery  to  which  no  survej^or  is  appointed, 

and  at  such  ports  only,  the  collectcn-  may,  from  time  to 
time,  when  it  is  necessary,  employ  a  Y)roper  person  to  per- 
form the  duties  of  a  surve3'or;  who  shall  be  entitled  to  the 
like  compensation  with  an  inspector  during  the  tfme  he  is 
employed. 
U.S.,  2625.  Iy^  q.^^q  Qf  ti;i(3  disabilit}"  or  death  of  a  collector,  the  du- 

ties and  authorities  vested  in  him  shall  devolve  on  his  dep- 
uty, if  any  there  be  at  the  time  of  such  disability  or  death, 
for  whose  conduct  the  estate  of  such  disabled  or  deceased 
collector  shall  be  liable;  and,  if  there  be  no  deputy,  they 
shall  devolve  upon  the  naval  officer  of  the  same  district,  if 
any  there  be;  and  if  there  be  no  naval  officer,  they  shall 
devolve  upon  the  surveyor  of  the  port  appointed  for  the 
residence  of  such  disabled  or  deceased  collector,  if  any 
there  be;  and  if  there  be  no  such  surveyor,  they  shall  de- 
volve upon  the  surve3"or  of  the  port  nearest  thereto  and 
within  the  district. 
it.K,2626.  At  ports  to  which  there  are  appointed  a  collector,  naval 

officer,  and  surveyor,  it  shall    be  the  duty  of  the  naval 
officer — 

First,  To  receive  copies  of  all  manifests  and  entries. 
Second.  To  estiiuate,  together  with  the   collector,  the 
duties  on  all  merchandise^  snbject  to  duty,  and  no  duties 
shall  be  receixed  without  such  estimates. 

Third.  To  keep  a  separate  record  of  such  estimates. 


BUREAU    OF    NAVIUATIUN"  371 

Fourth.  To  couiiteisioii  jiU  permits,  cloarjinces,  certirt- 
c-iitcs,  dol)Oiituros.  and  other  docuiiKMits,  to  1)0  ufi-anted  by 
the  coUet'tor. 

Fifth.  To  examine  the  rolkx'tor"sal)straets  of  (hities,  and 
other  aeeounts  of  receipts,  bonds,  and  (>xp(>nditures,  and 
certify  the  same  if  found  rioht. 

At  ports  to  which  ther(>  arc  appointed  a  coUector,  naval    K-H-.^g^t. 
officer,  and  surveyor,  it  shall  be  the  duty  of  the  surveyor, 
who  shall  be  in  all  cases  sul)iect  to  the  direction  of  the 
ct)l  lector — 

First.  To  superintend  and  direct  all  inspectors,  weio-hcrs, 
measurers,  and  gauffers  within  his  port. 

Second.  To  report  once  i  u  every  week  to  the  collector  the 
name  or  names  of  all  inspectors,  weighers,  gangers,  or 
measur(>rs  who  are  absent  from  or  neglect  to  do  their  dut}'. 

Third.  To  visit  or  inspect  the  vessels  which  arrive  in  his 
port,  and  make  a  return  in  writing  every  morning  to  the 
collector  of  all  vessels  which  have  arrived  from  foreign  ports 
during  the  preceding  day;  specifying  the  names  and  denom- 
inations of  the  vessels,  the  masters'  names,  from  whence 
•arrived,  whether  laden  or  in  ballast,  to  what  nation  belong- 
ing, and,  if  American  vessels,  whether  the  masters  thereof 
have  or  have  not  complied  with  the  l;iw,  in  having  the 
re(iuire(l  luunber  of  manifests  of  the  cargo  on  board,  agree- 
ing in  su))stance  with  the  provisions  of  law. 

Fourth.  To  put  on  board  each  of  such  vessels  one  or  more 
inspectors  inuuediatelv  after  their  arrival  in  his  port. 

Fifth.  Toascertaiii  the  proof,  quantities,  and  kinds  of  dis- 
tilled spirits  imported,  rating  such  spirits  according  to  their 
respective  degrees  of  proof,  as  detined  by  the  laws  impos- 
ing duties  on  spirits. 

Sixth.  To  examine  whether  the  goods  imported  in  any 
vessel,  and  the  deliveries  thereof,  agreeably  to  the  inspect- 
or's returns,  correspond  with  the  j)ermits  for  landing  the 
same;  and  if  any  error  or  disagreement  appears,  toieport 
the  same  to  the  collector,  and  to'the  naval  officer,  if  any. 

Seventh.  To  superintend  the  lading  for  exportation  of 
all  goods  entered  for  the  benefit  of  an}'  drawback,  bount}', 
or  allowance,  and  examine  and  report  whether  the  kind, 
quantity,  and  (juality  of  the  goods,  so  laden  on  board  any 
vessel  for  exportation,  correspond  with  the  entries  and 
permits  granted  therefor. 

Eighth.  To  examine,  and,  from  time  to  time,  and  par- 
ticularly on  the  first  jNIondays  of  elaiHunT  and  fTuly  in  each 
year,  try  the  weights,  measures,  and  other  instruments 
used  in  ascertaining  the  duties  on  imports,  with  standards 
to  be  provided  by  each  collector  at  the  public  expense  for 
that  purpose;  and  where  disagreements  or  errors  are  dis- 
covered, to  report  the  same  to  the  collector;  and  to  obey 
and  execute  such  directions  as  h(^-  may  receive  for  correct- 
ing the  same,  agreeal)ly  to  the  standards. 

At  ports  to  which  sui'veyorsoidy  are  appointed,  th(^  sur-    J^-^-'  ~'>~'^- 
veyoi-  shall  ])(Mform  all  the  duties  enjoined  upon  surveyors 
by  the  i)receding  section;  and  shall  also  receive  and  record 
the  copies  of  all  manifests  transmitted  to  him  b}'  the  col- 


372  BUREAU    OF    NAVIGATION 

lector;  shall  record  all  permits  granted  b}^  the  collector, 
distinguishing  the  gauge,  weight,  measure,  and  quality  of 
goods  specihed  therein;  and  shall  take  care  that  no  goods 
be  unladen  or  delivered  from  any  ship  or  vessel  without  a 
proper  permit  for  that  purpose. 

K.  s.,  2629.  ly^  (..^^Q  of  ^i^Q  disalnlit}^  or  death  of  a  surveyor,  the  col- 

lector of  the  district  may  authorize  some  tit  person  to  per- 
form his  duties  and  exercise  his  powers;  and  the  powers 
of  the  person  so  authorized  shall  continue  until  a  successor 
is  duly  appointed,  and  ready  to  enter  upon  the  execution 
of  his  otiice. 

A'.  ,s'.,  2030.  Every  collector  of  the  customs  shall  have  authority,  with 

the  approval  of  the  Secretary  of  the  Treasury,  to  employ 
within  his  district  such  number  of  proper  pei'sons  as  dep- 
uty collectors  of  the  customs  as  he  shall  deem  necessary; 
and  such  deputies  are  declared  to  be  officers  of  the  cus- 
toms. And  in  cases  of  occasional  and  necessary  absence, 
or  of  sickness,  any  collector  may  exercise  his  powers  and 
perform  his  duties  by  deputy,,  duly  constituted  under  his 
hand  and  seal,  and  he  shall  be  answerable  for  the  acts  of 
such  deputy  in  the  execution  of  such  trust. 

ji.f<.,26Ji.  In  case  of  the  sickness  or  unavoidable  absence  of  any 

collector  or  surveyor  of  customs  from  his  otfice,  he  may, 
with  the  approval  of  the  Secretary  of  the  Treasury,  au- 
thorize some  officer  or  clerk  under  him  to  act  in  his  place, 
and  to  discharge  all  the  duties  rc(iuiredl)y  law  of  such  col- 
lector or  surve3or  in  his  capacity  as  dis})ursing  agent;  and 
the  official  bond  given  b}^  the  principal  of  the  office  shall 
be  held  to  cover  and  apply  to  the  acts  of  the  person  ap- 
pointed to  act  in  his  place  in  such  cases. 

R.  .s'.,  2633.  Every  naval  officer  and  surveyor,  in  cases  of  occasional 

and  necessary  absence,  or  of  sickness,  and  not  otherwise, 
may  respectively  exercise  and  perform  their  functions, 
powers,  and  duties  l)y  deputy,  duly  constituted  under  their 
hands  and  seals  respectivel}',  for  whom,  in  the  execution 
of  their  trust,  they  shall  respectively  be  answeral)le. 

R.  .s.,  2633.  -pi^g  Secretar}"  of  the  Treasury  is  authorized,  whenever 

in  his  opinion  the  public  interest  demands  it,  to  clothe  an}^ 
deput}'  collector  at  a  port  other  than  the  principal  port  of 
entry,  with  all  the  powers  of  his  principal  appertaining  to 
official  acts;  and  he  may  reqinre  such  deputy  to  give  bond 
to  the  United  States,  in  such  amount  as  the  Secretary  may 
pi'escribe,  for  the  faithful  discharge  of  his  official  duties. 

R.s.,263!,.  -jij^g  Secretary  of  the  Treasury  may,  from  time  to  time, 

except  in  cases  otherwise  provided,  limit  and  hx  the  num- 
ber and  compensation  of  the  clerks  to  be  employed  by  any 
collector,  naval  officer,  or  surveyor,  and  ma}'  limit  and  fix 
the  compensation  of  any  deputy  of  an}^  such  collector, 
naval  officer,  or  surve3'or. 

Every  collector,  naval  officer,  and  surveyor  shall  cause 
to  be  affixed,  and  constantly  kept  in  some  public  and  con- 
spicuous place  of  his  office,  a  fair  table  of  the  rates  of  fees 
and  duties  demandable  by  law.  and  shall  give  a  receipt  for 
the  fees  received  by  him,  specifying  the  particulars  when- 
ever required  so  to  do;  and  for  every  failure  so  to  do,  he 


R.  S.,  2635. 


BUREAU    OF    NAVIGATION  373 

shall  1)0  liahlo  to  ji  ponaltv  of  one  hundred  dollars,  reoov- 
orahlo  to  the  use  of  iho  iiiforinor.  , 

EviM'v  ollicer  of  the  customs  who  demands  or  receives  /•'  ^^m  ^'';.*". 
any  other  or  i^reater  fee,  compensation,  or  reward  than  is 
allowed  by  law,  for  pt>rforminL:-  any  dut}'  or  service  re- 
(piired  from  him  by  law,  shall  be  liable  to  a  penalty  of  two 
hundred  dollars  for  each  otfense,  recoverable  to  the  use-of 
the  party  aggrieved. 

If  any  inspector,  gauger,  weigher,  or  measurer  shall  J^- '"'■''^'^sr. 
receive  anv  gratuitv,  f(H%  or  reward  for  anv  services  per- 
fornuul  by"  virtue  of  thisl'itle  [  R.  S.,  i>5 17-8 120],  other  than 
is  bv  law  allowed,  or  if  any  ganger,  weigher,  or  measurer, 
employt'd  as  such  by  the  pul)lic.  in  the  districts  of  Ports- 
mouth, Salem  and  Beverly,  Boston  and  C'liarlestown,  Provi- 
dence, New  York,  Philadelphia,  Baltimore,  Norfolk  and 
Portsmouth,  or  Charleston,  shall  gauge,  weigh,  or  measure 
any  article  or  articles,  other  than  shall  be  directed  by  the 
proper  otticer,  in  order  to  ascertain  the  duties  to  be  received, 
or  the  drawbacks  to  1)C  allowed  thereon,  or  shall  make  a 
return  of  the  weight,  gauge,  or  measure  of  any  merchandise 
laden,  or  to  l)e  laden,  on  board  any  vessel  for  the  benefit 
of  drawback  upon  exportation,  without  having  actuall}' 
weigh(>d,  gauged,  or  measured  the  same,  as  the  case  may 
require,  after  such  merchandise.shall  have  been  notified  to 
the  collector  and  entered  for  exportation,  he  shall  be  liable 
for  the  first  ofiense  to  a  penalty  of  fifty  dollars,  and  for 
each  subsequent  ofiense  to  a  penalty  of  two  hundred  dollars, 
and  be  discharged  from  the  pul»lic  service.  And  if  any 
inspector  or  other  officer  of  the  customs  shall  certify  the 
shipment  of  any  merchandise  entitled  to  drawback  on 
exportation  without  having  duly  inspected  and  examined 
the  same,  after  he  shall  have  received  the  permit  for  lading 
such  merchandise,  or  if  the  amount  of  such  drawback  shall 
be  estimated  according  to  weighj;,  gauge,  or  measure,  until 
such  merchandise  shall  be  first  weighed,  gauged,  or  meas- 
ured, as  the  case  may  require,  he  shall  be  subject  to  the 
like  penalties,  and  be  discharged  from  the  public  service. 

No  person  employed  under  th(>  authoi-ity  of  the  United  Ji.s.,26ss. 
States,  in  the  collection  of  duties  on  imports  or  tonnage, 
shall  own,  either  in  whole  or  in  part  any  vessel,  or  act  as 
agent,  attorne\',  or  consignee  for  the  owner  or  owners  of 
any  vessel,  or  of  any  cargo  or  lading  on  board  the  same; 
nor  shall  any  such  person  import,  or  be  concerned  directly 
or  indirectly  in  the  importation  of  an}^  merchandise  for 
sale  into  the  United  States.  Every  person  who  violates 
this  section  shall  be  liable  to  a  penalty  of  five  hundred 
dollars. 

Every  collector,. naval  officer,  and  surveyor  shall  keep  ii.s.,s6S9. 
accurate  accounts  of  all  fees  and  ofiicial  emoluments  re- 
ceived l)v  him.  and  of  all  expenditures,  specifying  expend- 
itures for  rent,  fuel,  stationery,  and  clerk-hire,  and  shall 
annually,  within  ten  days  after  the  thirtieth  day  of  June,  Juiysi.  is9/.. 
transmit  the  same,  verified  by  oath,  to  the  proper  Auditor, 
who  shall  annually  lay  an  abstract  of  the  same  before 
Congress.     Every  collector,  naval  officer,  or  surve3^or  Avho 


374  BUREAU    OF   NAVIGATION 

omits  or  noglocts  to  keep  such  account,  or  to  transmit  the 
same  so  voriticHl,  sliall  Ix*  liable  to  a  penalt}"  of  not  more 
than  five  hundred  dollars. 
ii.^.,26w.  Collectors,  naval  officers,  and  surve3'ors  shall  attend  in 

person  at  the  ports  to  which  they  are  respectively  ap- 
pointed; and  shall  keep  fair  and  true  accounts  and  records 
of  all  their  transactions,  as  officers  of  the  customs,  in  such 
manner  and  form  as  may  from  time  to  time  be  directed  bj- 
Feb.  u,  190S.  the  Secretary  of  the  Treasury;  and  shall  at  all  times  sub- 
sec.  10.  j-jjj|.  ^jjQJp  books,  papers,  and  accounts  to  the  inspection  of 

such  persons  as  may  be  appointed  for  that  purpose;  and 
shall  once  in  every  month,  or  oftener  if  they  shall  be  re- 
quired, transmit  their  accounts  for  settlement  to  tiie  officer 
or  officers  whose  duty  it  shall  l)e  to  make  such  settlement. 
And  if  any  collector,  naval  officer,  or  surveyor  shall  omit 
to  keep  fair  and  true  accounts,  or  shall  refuse  to  submit 
forthwith  his  ])Ooks,  papers,  and  accounts  to  inspection  as 
required  by  law,  or  if  any  collector  shall  omit  or  refuse  to 
render  his  accounts  for  settlement,  for  a  term  exceeding^ 
three  months  after  the  same  shall  have  been  required  by 
the  proper  officer,  the  delinquent  officer  shall  be  liable  to  a 
penalty  of  one  thousand  dollars,  to  be  recovered  with  costs 
of  suit. 
Feb'irmj  Every  collector,  naval  officer,  and  surveyor  shall  account 
(sisiai, 829.)  to  the  Treasury  for  all  his'  emoluments,  and  also  for  all  the 
isec.  10.  expenses  incident  to  his  office.     Such  accounts,  as  well  of 

expenses  of  emoluments,  shall  be  rendered  on  oath,  at 
such  times  and  in  such  forms,  and  shall  be  supported  by 
such  proofs,  as  shall  be  prescribed  by  the  Secretar}^  of  the 
Treasury. 
R.  s.,  261,2.  The  services  performed  by  occasional  inspectors  shall  be 

particularly  detailed  in  the  accounts  to  be  transmitted  to 
the  Trea.sury,  and  certified  by  the  naval  officer  or  surveyor 
of  the  district,  if  there  be  an}^,  as  to  the  necessity  for  and 
performance  of  such  services. 
R.  s.,  260.  Every  collector,  naval  officer,  and  surveyor  shall,  tot^ether 

with  his  accounts  of  the  expenses  incident  to  his  office, 
render  a  list  of  the  clerks  emploj^ed  by  him,  stating-  the 
rate  of  compensation  allowed  to  each,  and  the  duties  which 
they  severally  perform;  and  also  an  account  of  the  sums 
paid  for  stationery,  official  or  continoent  expenses,  fuel,  and 
office-rent,  stating  the  purposes  for  which  the  premises 
rented  are  applied. 
E.S..26M.  The  collector  of  customs  of  each  of  the  districts  on  the 

northern,  northeastern,  and  northwestern  frontiers  shall 
render,  with  his  accounts  of  the  expenses  incident  to  his 
office,  a  list  of  the  clerks  and  other  officers  of  the  customs 
employed  by  him,  stating  the  rate  of  compensation  allowed 
to  each,  the  duties  they  severally  perform,  and  also  an 
account  of  the  sums  paid  for  stationery,  fuel,  and  all  other 
office  expenses,  including  office  rent;  for  all  of  which  ex- 
penses he  shall  sulimit  an  estimate  each  month  in  advance, 
and  shall  state  the  purposes  for  which  any  premises  are 
used;  and  shall  also  render  an  accurate  account  of  all  fees 
and  conunissions  collected  by  him. 


BITREATT    OV    NAVIGATION  875 

All  iU'couiits  for  salarv.  (•oinpciiMition.  and  ciuolimuMits    '-'■  ■'^■< -'>'<■'''■ 
>li:ill  l»t'  rriui(>r(Hl  (|iiart('rly.  at  (lie  ciul  ol'  carli  (juartiM"  oi" 
the  fiscal  year. 

All  l)la'nk-l)()()ks,   blanks,  aiul  statioiiorv  of  every  kind    -''"•  •^■- ^«^«- 
reciuireil  l).v  eolh^ctors  and  other  oHic-ers  of  the  customs 
shall,  so  soon  as  they  can  he  prepared  for  delixery,  hy  or 
under  the  direetion  of  the  Secretary  of  the  Treasury  [or 
the  Secretary  of  ConiUKn-ce  and  Lal)or|,  he  furnished  to    Ff^-u,ms. 
them  for  the  use  of  their  respective  olHces,  upon  requisi-    '^^''•^"■ 
tion  made  ])y  them,  and  the  expense  of  such  hooks,  bhmks, 
and  stationery  shall  be  paid  out  of  the  appropriation  for 
defraying'  the  expenses    of   collecting   the  revenue  from 
custt)ms. 

Every  collector  of  customs,  every  naval  oflicer,  and  every  i'-  >•'•.  2«~- 
surveyor  performino-  oi'  havinn'  performed  the  duties  of  a 
collector,  shall  render  a  ([uarter-y early  account,  under 
oath,  to  the  Secretary  of  the  Treasur}^  in  such  form  as  {''^''- ^^> ^•'''5- 
the  Secretary  shall  prescribe,  of  all  sums  of  money  by 
each  of  them  respectivelj^  received  or  collected  for  fines, 
penalties,  or  forfeitures,  or  for  seizure  of  merchandise,  or 
n\)(m  compromises  made  upon  any  seizure;  or  on  account 
of  suits  instituted  for  frauds  against  the  revenue  laws;  or 
for  rt'ut  and  storage  of  merchandise,  which  may  be  stored 
in  the  public  store-houses,  and  for  which  a  rent  is  paid 
beyond  the  rents  paid  by  the  collector  or  other  such 
otticer;  or  for  custod}^  of  goods  in  bonded  warehouses; 
and  if  from  such  accounting  it  shall  appear  that  the  money 
received  in  any  one  year  by  any  collector,  naval  ofhcer,  or 
surveyor,  on  account  and  for  rents  and  storage,  and  for 
fees  and  emoluments,  shall  in  the  aggregate  exceed  the 
sum  of  two  thousand  dollars,  such  excess  shall  l^e  paid  by 
the  collector,  na\  al  officer,  or  surveyor,  as  the  case  ma^' 
he,  into  the  Treasury  as  pul)lic  money. 

Collectors  and  surveyors,  of  the  collection-districts  on  '"' 
the  northern,  northeastern,  and  ijorthwestern  frontiers  are 
authorized  to  keep  on  sale,  at  their  several  offices,  blank 
manifests  and  clearances  required  for  the  business  of  their 
districts,  and  to  charge  the  sum  of  ten  cents,  and  no  more, 
for  each  l)lank  which  shall  be  prepared  and  executed  by 
them. 

MAILS 


The  master  of  anv'  steand)oat  passing  between  ports  or 
places  in  the  United  States,  and  arriving  at  any  such  port 
or  place  where  there  is  a  post-office,  shall  deliver  to  the 
postmaster,  within  three  hours  after  his  arrival,  if  in  the 
day-time,  and  if  at  night,  within  two  hours  after  the  next 
sunrise,  all  letters  and  packets  brought  by  him,  or  within 
his  power  or  control  and  not  relating  to  the  cargo,  addressed 
to  or  destined  for  such  port  or  place,  for  which  he  shall 
receive  from  the  postmaster  two  cents  for  each  letter  or 
packet  so  delivered,  unless  the  same  is  carried  under  a 
contract  for  carrying  the  mails;  and  for  evtMy  failure  to  so 
deliver  such  letters  and  packets,  the  master  or  owner  of 


Ji.!<.,n977. 


376  BUREAU    OF    NAVIGATION 

the  steamboat  shall  l)e  liable  to  a  penalt}'  of  one  hundred 
and  fifty  dollars. 

i?..s'.,,w.sr.  No  vessel  departing  from  the  United  States  for  any  for- 

eign port  shall  receive  on  board  or  convey  any  letter  or 
packet  originating  in  the  United  States  which  has  not  been 
regularly  recei\'ed  from  the  post-office  at  the  port  of  depar- 
ture, and  which  does  not  relate  to  the  cargo  of  such  vessel, 
except  as  provided  in  section  three  thousand  nine  hundred 
and  ninety-three;  and  every  collector,  or  other  officer  of  the 
port  empowered  to  grant  clearances,  shall  reiiuire  from  the 
master  of  such  vessel,  as  a  condition  of  clearance,  an  oath 
that  he  has  not  i-eceived  on  board,  has  not  under  his  care 
or  control,  and  will  not  receive  or  couAcy  any  letter  or 
packet  contrary  to  the  provisions  of  this  section. 

R.  s.,  S9SS.  ]sJq  vessel  arriving  within  any  port  or  collection-district  of 

the  United  States  shall  be  allowed  to  make  entry  or  break 
bulk  until  all  letters  on  board  are  delivered  at  the  nearest 
post-office,  and  the  master  thereof  has  signed  and  sworn 
to  the  following  declaration,  before  the  collector  or  other 
proper  customs  officer: 

'■'"1,  A.  B.,  master  of  the ,  arriving  from ,  and 

now  lying  in  the  port  of ,  do  solenml}' swear  (or  affirm) 

that  1  have,  to  the  best  of  my  knowledge  and  belief,  deliv- 
ered, at  the  post-office  at- ,  ever}^  letter,  and  every  bag, 

packet,  or  parcel  of  letters,  which  were  on  board  the  said 
vessel  during  her  last  voyage,  or  which  were  in  my  posses- 
sion or  under  my  power  or  control." 

And  any  master  who  shall  break  bulk  before  he  has  de- 
livered such  letters  shall  be  liable  to  a  penalty  of  not  more 
than  one  hundred  dollars,  recoverable,  one-half  to  the  officer 
making  the  seizure,  and  the  other  to  the  use  of  the  United 
States. 

R.  s.,  ioi5.  --j^i^g  Postmaster-General,  under  the  direction  of  the  Presi- 

dent of  the  United  States,  is  hereby  authorized  and  empow- 
ered to  charge  upon,  and  collect  from,  all  letters  and  other 
mailable  matter  carried  to  or  from  any  port  of  the  United 
States,  in  any  foreign  packet-ship  or  other  vessel,  the  same 
rate  or  rates  of  charge  for  American  postage  which  the  gov- 
ernment to  which  such  foreign  packet  or  other  vessel  l)elongs 
imposes  upon  letters  and  otiier  mailable  matter  conveyed  to 
or  from  such  foreign  country  in  American  packets  or  other 
vessels  as  the  postage  of  such  government,  and  at  any  time 
to  revoke  the  same;  and  all  custom-house  officers  and  other 
United  States  agents  designated  or  appointed  for  that  pur- 
pose shall  enforce  or  carry  into  efi'ect  the  foregoing  provi- 
sion, and  aid  or  assist  in  the  collection  of  such  postage,  and 
to  that  end  it  shall  be  lawful  for  such  officers  and  agents,  on 
suspicion  of  fraud,  to  open  and  examine,  in  the  presence 
of  two  or  more  respectable  persons,  being  citizens  of  the 
United  States,  any  package  or  packages  supposed  to  con- 
tain mailal>le  matter  found  on  board  such  packets  or  other 
vessels  or  elsewhere,  and  to  pre\ent,  if  necessary,  such 
packets  or  other  vessels  from  entering,  breaking  bulk,  or 
making  clearance  until  such  letters  or  other  mailal)le  mat- 
ter are  duly  delivered  into  the  United  Siates  post-office. 


BUREAU    OF   NAVIGATION:^ 


377 


CONSl'LATKS  OF  TIIK  CXITKl)  STATFS 


A I  "ill. 

Aiicklainl. 

Huiifikiik. 

Hiirci'loiiii. 

Horlin. 

Htiif(il;i. 

Cairo. 

ClllcUttJl. 
CillltOIl. 
('ai«'  Town. 
Christiana. 


Sciii'.nri.K  15. 
I. — <'<>iixiilul(»-<inurul. 


Cobiirfr. 

('oiL-itaiilinoplo. 

Dro.xdi'ii. 

Kraiikfort. 

(tiiatoniala. 

Guayatiiiil. 

Habana. 

Halifax. 

Hankaii. 

Iloiijjkonjr. 

r>oii(lon  (KnKlrtiul). 

Marseilles. 


MoUiourne. 

Me.\ic'(). 

Monrovia. 

Monterey. 

Montreal. 

Munich. 

Ottawa. 

Panama. 

Paris. 

Kio  de  Janeiro. 

Konie. 

Rotterdam. 


St.  Gall. 

St.  Petersburg. 

San  Salvador. 

Santo  Domingo. 

Seoul. 

Slianghai. 

Singanore. 

Stoekliolm. 

Tangier. 

Vienna. 

Yokohama. 


11. — CitiixiilatC)'. 


Aeaimleo. 

Aden. 

Aix  la  Chapelle. 

Alexandrettn. 

AlK'iiTs. 

Amherst  burg:. 

Amoy. 

Amsterdam. 

Annaberg. 

Antigua. 

Asnneion. 

Athens. 

Baliia. 

Baiiiberfj. 

Barbados. 

Barmen. 

Barraniiuilla. 

Basel. 

Beirut. 

Belfast. 

Belize. 

Berne. 

Birmiiifiham. 

Bombay. 

Bordeaux. 

Bradford. 

Bremen. 

Breslau, 

Bristol. 

Broekville. 

Bruuswiek. 

Brussels. 

Budapest. 

Buenos  .\yres. 

Cadiz. 

Calai.s!. 

Callao. 

Cardiff. 

Cartajjena  (Colombia). 

Catania. 

Ceiba. 

Ceylon. 

Charlottetown. 

Chatham. 

Chefoo. 

Chemnitz. 

Chihuahua. 

Cienfuegos. 

Ciiidail  .Iiiarcz. 

Ciudad  Porfirio  Diaz. 

Coaticook. 

Collingwood. 

Cologne. 


Colon. 

Copenhagen. 

Cork. 

Crefeld. 

Ciiraeao. 

Dawson  City. 

Demerara. 

Du-blin. 

Dundee. 

Dunfermline. 

Durango. 

Diisseldorf. 

Edinburgh. 

Ensenada. 

Erzerum. 

Florence. 

Fort  Erie. 

Freiburg. 

Fuchau. 

Funchal. 

Gaspe. 

Geneva. 

Genoa. 

Cihent. 

Gibraltar. 

Glasgow. 

tilauehau. 

Gothenburg. 

Grenoble. 

Guadeloupe. 

Guelph. 

Hamburg. 

Hamilton  (Bermuda) 

Hamilton  (Ontario). 

Hanover. 

Harput. 

Havre. 

Huddersfield. 

Hull. 

Jeru.salem. 

Kehl. 

Kingston  f Jamaica). 

King-ston  (Ontario). 

Kob^. 

La  Guaira. 

La  Rochelle. 

Leeds. 

Leghorn. 

Leipzig. 

Liege. 

Liverpool. 

London  (Ontario). 

Louren^o  Marquez. 


Lucerne. 

Lyons. 

Magdeburg. 

Mainz. 

Malaga. 

Malta. 

Managua. 

Manchester. 

Mannheim. 

Maracaibo. 

Martinique. 

Matamoras. 

Mazatlan. 

Messina. 

Milan. 

Montevideo. 

Moscow. 

Nagasaki. 

Nankin, 

Nantes. 

Naples. 

Nassau. 

Newcastle-on-Tyne. 

Niagara  Falls. 

Nice. 

Niuehwang. 

Nogales. 

Nottingham. 

Nuevo  Laredo. 

Nuremberg. 

Odessa. 

Orillia. 

Palermo. 

Para. 

Patras. 

Pernambuco. 

Plauen. 

Port  Hope. 

Port  Limon. 

Port  Louis. 

Port  Sarnia. 

Port  Stanley  (F.I.). 

Prague. 

Prescott. 

Pretoria. 

Progreso. 

Puerto  Cabello. 

Puerto  Cortez. 

Quebec. 

Reichenberg. 

Rheims. 

Rosario. 

Roubaix. 


St.  Etienne. 

St.  Helena. 

St.  John  (N.  B.). 

St.  Johns  (N.  F.) 

St.  Johns  (Quebec). 

St.  Michaels. 

St.  Stephen. 

St.  Thomas  (Ontario). 

St.  Thomas(\VestIndies). 

Saltillo. 

San  Jose. 

San  Juan  del  Norte. 

Santiago  de  Cuba. 

Santos. 

Sheflield. 

Sherbrooke. 

Sierra  Leone. 

Siva.s. 

Smyrna. 

Solingen. 

Southampton. 

Stettin. 

Stratford. 

Stuttgart. 

Swansea. 

Sydney      (New       South 

Wales). 
Sydney  (Nova  Scotia). 
Tamatave. 
Tampico. 

Tamsui  (Formosa). 
TenerifTe. 
Tegucigalpa. 
Three  Rivers. 
Tientsin. 
Toronto. 
Trieste. 

Trinidad  (Island). 
Tunstall. 
Valencia. 
Valjiaraiso. 
Vancouver. 
Venice. 
Vera  Cruz. 
Victoria. 
Weimar. 

Windsor  (Ontario). 
Winnipeg. 
Woodstock. 
Yarmouth. 
Zanzibar. 
Zittau. 
Zurich. 


Ca.'itellamare  di  Stabia. 

Cornwall. 

Goderich. 


Batavia. 
Cape  Haitien. 


in. — Commercial  Agencies. 


Limcgcs. 

St.  Christopher. 

St.  Hyacinthe. 


St.  Pierre. 
Stanbridge. 


ScHEDfLE  C. 

Constdatex  and  Commercial  Agencies. 


Riga. 
Rouen. 


Tahiti. 
Turin. 


Vladivostock. 
Wallaceburg. 


Utilla. 

Windsor  (Nf)va  Scotia). 


378 


BUEEAU    OF    NAVIGATION 


CONSULATES  OF  THE  UNITED  STATES— Continued. 

Consulates  and  CoJiMKRfiAi,  Agencies  not  Included  in  Schedules  B  or  C. 

I. — Coiisidalcs. 


Alicante. 

Carthageiia  (Spain). 

La  Paz  (Bolivia). 

Puerta  Plata. 

Antofagasta. 

Colonia. 

La  Paz  (Mexico). 

St.  Martin. 

Arica. 

Cordoba. 

Lisbon. 

Teheran. 

Bagdad. 

Corunna. 

Madrid. 

Tunis. 

Batum. 

Falmouth. 

Maskat. 

Turks  Island. 

Belgrade. 

Goree-Dakar. 

Medellen. 

Tuxpan. 

Belleville. 

Helsingfors. 

Newcastle  (N.S.W). 

Warsaw. 

Bergen. 

Hobart. 

P>>-mouth. 

Bukharest. 

Iquique. 

Port  au  Prince. 

n. — Commercial  agencies. 

Aguas  Calientes. 

Dalny. 

Noumea. 

Saigon. 

Campbellton. 

Eibenstock. 

Paysandu. 

St.  George. 

Cape  Gracias  a  Dios. 

Jeres  de  la  Fnmtera. 

Port  Antonio. 

Samana. 

Carlsbad. 

Manzanillo. 

Port  Rowan. 

Sault  Ste.  Marie. 

Chaudiere  Junction. 

Moncton. 

Rimouski. 

Suva. 

CONSULATES  OF  THE   UNITED  STATES,    BY  COUNTRIES. 

argentine  republic. 

Fuchau. 

FRANCE  AND  DOMINIONS, 

,  Bremen. 

Hankau. 

Bremer  haven -Gees  te- 

Bahia  Blanca. 

Nankin. 

Algiers,  Africa. 

miinde. 

Buenos  Ayres. 

Niuchwang. 

Angers. 

Breslau. 

Cordoba. 

Shanghai. 

Bastia,  Corsica. 

Brunswick. 

Rosario. 

Tientsin. 

Bone. 
Bordeaux. 

Cassel. 
Chemnitz. 

AUSTRIA-HUNGARY. 

COLOMBIA. 

Boulogne-.sur-mer. 
Brest. 

Coburg. 
Cologne. 

Briinn. 

Barranquilla. 

Calais. 

Crefeld. 

Budapest,  Hungary. 

Bocas  del  Toro. 

Cannes. 

Danzig. 

Carlsbad,  Austria." 

Bogoti'i. 

Caudry. 

Dresden. 

Fiume. 

Bucaramanga. 

Cette. 

Diisseldorf. 

Haida. 

Call. 

Cherbourg. 

Eibenstock. 

Prague,  Austria. 

Cartagena. 

Cognac. 

Essen. 

Reichenberg,  Austria. 

Colon. 

Dieppe. 

Frankfort. 

Trieste.  Austria. 

Cucuta. 

Dijon. 

Freiburg,  Baden. 

Vienna,  Austria. 

Honda. 

Dunkirk. 

Gera. 

Medellin. 

GorcSe-Dakar,  Africa. 

Glauchau. 

BELGIUM. 

Panama. 

Grenoble. 

Hamburg. 

Quibdo. 

Guadeloupe,  W.  I. 

Hanover. 

Antwerp. 

Santa  Marta. 

Havre. 

Kehl. 

Brussels. 

Honfieur. 

Kiel. 

Charleroi. 

COSTA   RICA. 

La  Rochelle. 

Konigsberg. 

Ghent. 

Lille. 

Langen  Schwalbach. 

Liege. 

Port  Limon. 

Limoges. 

Leipzig. 

Verviers. 

PuntA  Arenas. 

Lorient. 

Liibeck. 

San  Jos(5. 

Lyons. 

Magdeburg. 

BOLIVIA. 

Marseilles. 

Mainz. 

CUBA. 

Martinique,  W.  I. 

Mannheim. 

La  Paz. 

Mentone. 

Markneukirchen. 

Caibarien. 

Monaco. 

Munich. 

BRAZIL. 

Cienfuegos. 

Nantes. 

Neustadt. 

Gibara. 

Nice. 

Nuremberg. 

Aracaju. 

Habana. 

Noumea,  N.  C. 

Plauen. 

Bahia. 

Sagua  laGrande. 

Oran. 

Ritzebiittel  and  Cuxha- 

Ceara. 

Santiago  de  Cuba. 

Paris. 

ven. 

Maoeio. 

Pan. 

Sol  in  gen. 

Manaos. 

DENMARK    AND    DOMIN- 

Rennes. 

Sonneberg. 

Maranhao. 

IONS. 

Rheims. 

Sorau. 

Natal. 

Roubaix. 

Stettin. 

Para. 

Christiansted,  St.  Croix 

Rouen. 

Stuttgart. 

Pernambuco. 

Island. 

Saigon.  Cochin  China. 

Swinemiinde. 

Rio  de  Janeiro. 

Copenhagen. 

St.  Etienne. 

Weimar. 

Rio  Grande  do  Sul. 

Frederieksted,  St.  Croix 

St.  Malo. 

Wiesbaden. 

Santos. 

Island. 

St.  Nazaire. 

Zittau. 

Victoria. 

St.  Thomas,  W.  I. 

St.  Pierre,  St.  Pierre  Is 

;- 

land. 

GREAT    BRITAIN   AND 

DO- 

CHILE. 

DOMINICAN    REPUBLIC. 

Tahiti,  Society  Islands. 
Taniatave,  Madagascar. 

MINIONS. 

Aberdeen. 

Antofagasta. 

Arica. 

Caldera. 

Coquimbo. 

Coronel. 

Iqinque. 

Punta  Arenas. 

Talcahuano. 

Valparaiso. 

Azua. 

Toulon. 

Adelaide. 

Macoris. 
Monte  Christi. 
Puerto  Plata. 

Troyes. 
Tunis,  Africa. 

Aden,  Arabia. 

Akyab. 

Alberton. 

Samana. 

GERMANY'. 

Albert  Town. 

Sanchez. 
Santo  Domingo. 

ECUADOR. 

Aix  la  Chapelle. 
Annaberg. 
Apia,  l^amoa. 

Amherstburg,  Ont. 
Annapolis. 
Antigua,  W.  I. 
Arichat. 

CHINA. 

Augbsurg. 

Arnprior. 

Bahia  de  Caraquez. 

Bamberg. 

Athlone. 

Anioy. 

Esmeraldas. 

Barmen. 

Auckland,  N.  Z. 

Ciuitltn. 

Guayaquil. 

Berlin. 

Ballvmena. 

Chefoo. 

Manta. 

Brake  and  Nordenhamm 

.  Barbados,  W.  I. 

BtTREAT'    OF    NAVIGATION 


379 


COSSll.ATKl 


Till-;    VMIKI)   STATES,   IIY    CorNTKlKS- 


itilUU'll. 


HniTislcy. 
Barrio. 
Btirriiijiton. 
Basscin. 
BuHmrst. 
Biiv  Bulls. 
Bi'ifasi,  Irtlaiiil. 
Bclizi',  IIoiKluras. 
Bfllcvillf.  Ont. 
BinniiiKliain,  EiiKlniiil. 
Black  KiviT. 
BltK'iiifdiitoin. 
Biimliav.  luiiia. 
BraiUord,  Kiiglaiid. 
Bmntford. 
Briilfi^'watiT. 
Brisbane,  Qdoouslaiul. 
Bristol,  Knf,'laii(l. 
Broc'kville,  Out. 
Cabaiu). 

Calcutta.  India. 
CaniplicUtoii,  N.  li. 
CaiiipiiliclU)  Jslaiid. 
Cape  CaiKso. 

Cape  Town,  Cape  of  ( i .  H . 
CardilT,  Wales. 
Carlisle. 
Cayenne. 
Cevlon  M.sland). 
Christ  Cliurch. 
Chitagong. 

Cliarlottetown,  P.  E.  I. 
Chatham,  Ont. 
Chaudiere  .1  unction,  (.Que- 
bec. 
Chemainus. 
Cheverio. 
Clanniceville. 
Clinton. 

Coatieook,  Quebec. 
Coekburn  Harbor. 
Collingwood,  Ont. 
Cork  (Queenstown). 
Cornwall,  Ont. 
Coteau. 
Courtwright. 
Cookshire. 
Cumberland. 
Dartmouth. 

Dawson  City,  Yukon  T'y, 
Deloraino. 
Dcmerara,  Guiana. 
Derby. 
Deseronto. 
Digby. 
Dover. 

Dublin.  Ireland. 
Dundee,  Scotland. 
Dunedin. 

Dunfermline,  Scotland. 
Dunmore  Town. 
Durban. 
East  London. 
Edinburgh,  Scotland. 
Edmunstoii. 
Emerson. 

Falmouth,  England. 
Fernie. 

Fort  Erie.  Ont. 
Fort  Elizabeth. 
Fort  William,  Ont. 
Fred  eric  ton. 
Fremantle. 
Galashiels. 
Gait. 
Gal  way. 

Gaspe  Ba.sin.  Quebec. 
Georgetown. 
Gibraltar,  Spain. 
Glasgow,  Scotland. 
Gloucester. 
Goderich,  Ont. 
Governors  Harbor. 
Grand  Manan. 
Grand  Mere. 
Grenada. 
Grenville. 


Gretna. 
Guelph,  Ont. 
Guernsey. 
Greenock. 
Green  Turtle  ("ay. 
Halifax,  N.  S. 
Hamilton,  Bcrinuda. 
Hamilton,  Out. 
llcrcfonl. 
llcnnningford. 
Hdliart,  Tasmania. 
H<idcida. 
Holyhcail,  Wales. 
Hongkong,  China. 
Huddcrsticld,  England. 
Hull.  EnghuKl. 
Hvuitingdon. 
.Jersey. 

.lohanncsburg. 
Karachi. 
Kiddcrnnnster. 
Kingston,  .laiiinica. 
Kingston,  Ont. 
Kingsport. 
Kimi)erley. 
Kirkcaldy. 
Launceston. 
Leicester. 

Lethbridgc,  Alberta. 
Leeds,  England. 
Levis. 
Lineboro. 
Lindsay. 
Limerick. 
Liverpot)!. 
Liverpool,  England 
Llanelly. 
Lockport. 
London,  England. 
London,  Ont. 
Londonderry. 
Louisburg. 
Lunenburg. 
Lurgan. 
Madras. 
Malta  (island). 
Manchester,  England. 
Mathewtown. 
Megantic. 

Melbourne,  Australia. 
Midland. 
Milford  Haven. 
Moncton,  X.  B. 
Montego  Bay. 
Montreal,  Quebec.         , 
Montserrat. 
Moulmein. 
Nanaimo. 
Napanee. 
Nassau,  X.  P. 
Xel.son. 
Nevis. 
Newcastle. 
Newcastle,  N.  S.  W. 
Xewcastle-on-Tyne,  Eng- 
land. 
Xewport. 

Xiagara  Falls,  Ont. 
Norfolk  Island. 
North  Bay,  Xipissing. 
Xorth  Portal,  ,\ssiniboia. 
Xottingliam,  England. 
Orillia,  Ont. 
Ottawa,  Ont. 
Owen  Sound. 
Palmerston. 
Paramaribo. 
Paris. 
Parrsboro. 
Parry  Sound. 
Paspebiac. 
Peiuing. 
Peterborough. 
Picton. 
Pictou. 

Plymouth,  luigland. 
Point  de  (;alle. 


Port  Antonio,  .lamaica. 
Port  au.x  Basques. 
Port  Elizabeth. 
I'ort     Hawksbur.\     and 

Mulgrave. 
Port  Hoi>c,  Ont. 
Port  Louis.  Mauritius. 
Port  Maria. 
l'<irt  Morant. 
Port  Ivowan,  Ont. 
Port  Sariiia,  Ont. 
Port  Stanley,  F.  I. 
Portsnioulli. 
I'rescott.  Ont. 
Pretoria,  South  .Vfrica. 
Pugwash  and  Wallace, 
(iuebec. 
Rangoon. 
Rat  Portagi',  Ont. 
Redditch. 
Richibucto. 
Rimouski,  Quebec. 
River  Hebert. 
Roseau,  Dominica. 
Rossland. 
Salt  Cay. 

Sault  Ste.  Marie,  Ont. 
Savannah -la- Mar. 
Sv-illv  Islands. 
Shetiield,  England. 
Shelbnrne. 
Sherbrooke,  Quebec. 
Sierra  Leone,  Africa. 
Singapore,  S.  S. 
Sorel. 
Souris. 

Southampton,  England. 
Stanbridge,  Quebec. 
Stanstead. 
Stratford,  Ont. 
St.  .Vndrews. 
St.  Anns  Bay. 
St.  Catherines. 
St.  Christopher,  \V,  I. 
St.  Cicorgc. 

St.  (ieorge,  Bernnida. 
St.  Helens. 
St.  Helena  (island). 
St.  Hvacinthe.  Quebec. 
St.  .Johns,  N,  F. 
St.  John,  N.  B. 
St.  Johns,  Quebec. 
St.  Lucia. 

St.  Marvs.  Scillv  Lsls. 
SI.  Stel.hen,  X.  B. 
St.  Thomas,  Ont. 
St.  Vincent. 
Summerside. 
Sudbury. 
Sunderiand. 
Stiva,  Fiji  Islands. 
Swansea,  Wales. 
Sydney,  N.  S. 
Sydney,  X.  S.  W. 
Three  Rivers,  Quebec. 
Toronto,  Ont. 
Townsville,  (Jueensland. 
Trenton. 
Trinidad,  W.  I. 
Troon. 

Tuiistall,  England. 
Turks  Island,  W.  I. 
Victoriaviile. 
Victoria,  B.  C. 
Vancouver,  B.  C. 
Wallaceburg,  Ont 
W'aterford. 
Waterloo. 
West  Hartlepool. 
Wellington. 
Weymouth. 
Wiarton. 
Windsor,  N.  S. 
Windsor,  Ont. 
Winnipeg,  .Manitoba. 
Wolvcrbampton. 
Woodstock,  X.B. 


YarnioMth,  N.  S. 


.Vlll.MlS. 

Corfu. 

Piriens. 

Patras. 

UlATKMAr.A 

Champerico. 

Guatemala. 

Livingston. 

t)cos. 

San  .lose  de  (iuatemahi. 

HAITI. 

Aux  ('ayes, 
(^ape  Haition. 
Gonaives. 
Jacmel. 
Jeremie. 
Miragoane. 
Port  all  Prince. 
Port  de  I'aix. 
Petit  (ioave. 
St.  Marc. 

nONDURA.S. 

Amapala. 

Bonacca. 

Ceiba. 

Puerto  Cortez. 

Ruatan. 

San  Pedro  Snla. 

Tegucigalpa. 

Tela. 

Tru.xillo. 

rtilla. 

ITALY. 

Ancona. 

Bari. 

Bologna. 

Cagliari. 

Capri. 

Carini. 

Carrara. 

Castellamare  di  Stabia. 

Catania. 

Civita  Vecchia. 

Florence. 

Genoa. 

Girgenti. 

Leghorn. 

Licata. 

Messina. 

Milan. 

Naples. 

Palermo. 

Reggio,  Calabria. 

Rodi. 

Rome. 

San  Remo. 

Sorrento. 

Trapani. 

Turin. 

Venice. 

.7APA>f. 

Kobe. 
Nagasaki. 
Tamsui,  Formosa. 
Yokohama. 


KOKKA. 


Seoid 


LIBERIA. 

Monrovia. 


Maskat. 


380 


BUREAU    OF    NAVIGATION 


CONSULATES  OP  THE   UNITED  STATES,  BY   COUNTRIES— Continued. 


Acapulco. 

Aguas  Calientes. 

Camiioflio. 

Cliihiialiua. 

Ciuilad  Juarez. 

Ciudad  I'ortirio  Diaz. 

Coatzacoalcos. 

Durango. 

Ensenada. 

Frontera. 

Guadalajara. 

Guanajuato. 

Guaymas. 

Laguna  de  Termino.s. 

La  Paz. 

Manzanillo. 

Matamoros. 

Mazatlan. 

Mexico. 

Monterey. 

Nogales. 

Nuevo  Laredo. 

Oaxaca. 

Parral. 

Progreso. 

Puebla. 

San  Jose. 

San  Luis  Potosi. 

Saltillo. 

Sierra  Mojada. 

Taniiiico. 

Tlaciitalpan. 

Topololiampo. 

Torreon. 

Tuxpan. 

Vera  Cruz. 

Victoria. 

Zacatecas. 


Casa  Blanca. 

Mogador. 

Tangier. 

NETHERLANDS  AND  DO- 
MINIONS. 

Amsterdam. 
Batavia,  Java. 
Buen  Ayre. 
Curasao,  W.  I. 

Flushing. 
Macassar,  Celebes. 
Padang,  Sumatra. 

Riitterdani. 
Samara  I  IS,'. 
Scliit'dain. 
Soerabaya. 
St.  Kustatius. 
St.  Martin,  W.  I. 


NICARAGUA. 

Bluefields. 

Cape  Gracias  a  Dios. 

Corinto. 

Managua. 

Matagalpa. 

San  Juan  del  Norte. 

San  Juan  del  Sur. 

OMAN. 

Maskat. 

PARAGUAY. 

Asuncion. 

PERSIA. 

Teheran. 

PERU. 

Callao. 

Chiclayo. 

Mollendo. 

Paita. 

Salaverry. 

Tumbez. 

PORTUGAI,  AND    DOMIN- 
IONS. 

Beira. 

Brava,  C.  V.  I. 

Faro. 

Fayal. 

Flores. 

Funchal,  Madeira. 

Lisbon. 

LoureiU'O  Marquez. 

Oporto. 

San  Jorge. 

Setubal. 

St.  Michaels,  Azores. 

St.  Vincents,  C.  V.  I. 

Terceira. 


St.  Petersburg. 
Vladivostock. 
Warsaw. 
Wiborg. 

SALVADOR. 

Acajutla. 
La  Libertad. 
La  Union. 
San  Salvador. 


Belgrade. 


ROUMANIA. 


Bukharest. 


Abo. 

Batum. 

Cronstadt. 

Dalny. 

Hel.singfors. 

Libau. 

Moscow. 

Odessa. 

Revel. 

Rostoff  and  Taganrog. 

Riga. 


Bangkok. 

SPAIN  AND  DOMINIONS. 

Algeciras. 

Alicante. 

Almeria. 

Barcelona. 

Bilbao. 

Cadiz. 

Carthagena. 

Corunna. 

Denia. 

Gijon. 

Grand  Canary. 

Huelva. 

Jeres  de  la  Frontera. 

La  Palma. 

Madrid. 

Malaga. 

Port  St.  Marys. 

San  Feliu  de  Guixols. 

Santander. 

Seville. 

Tarragona. 

TenerifYe,Canar>  Islands. 

Valencia. 

Vigo. 

SWEDEN  AND  NORWAY. 

Arendal. 

Bergen,  Norway. 

Christiania,  Norway. 

Christiansand. 

Drontheim. 

Gothenburg,  Sweden. 

Helsingborg. 

Malmo. 

Stavanger. 

Stockholm,  Sweden. 

Sundsvall. 


Berne. 

Chaux-de-Fonds. 

Geneva. 

Lucerne. 

St.  Gall. 

Vevey. 

Winterthur. 

Zurich. 

TURKEY   AND  DOMINIONS. 

Aleppo. 

Alexandretta,  Syria. 

Alexandria. 

Assioot. 

Assuan. 

Bagdad. 

Bassorah. 

Beirut,  Syria. 

Cairo,  Egypt. 

Constantinople. 

Damascus. 

Dardanelles. 

Erzerum. 

Haifa. 

Harput. 

Jerusalem,  Syria. 

Luxor. 

Mersine. 

Minieh. 

Mytilene. 

Port  Said. 

Saloniki. 

Samsoun. 

Sivas. 

Smyrna. 

Suez. 

Trebizond. 

Tripoli. 

Yafa. 


URUGUAY. 


Colonia. 

Montevideo. 

Paysandu. 


SWITZERLAND. 


Aarau. 
Basel. 


VENEZUELA. 

Barcelona. 

Caracas. 

Carupano. 

Ciudad  Bolivar. 

Coro. 

Cumana. 

La  Guaira. 

Maracaibo. 

Puerto  Cabello. 

San  Cristobal. 

Tovar. 

Valencia. 

Valera. 

ZANZIBAR. 

Zanzibar. 


CHAPTER  XIV 
BUREAU  OF  IMMIGRATION 


Prior  to  the  passage  of  the  act  of  March  o,  1801,  the  various  laws 
rehiting  to  the  immigration  of  aliens,  including  those  in  regard  to  the 
importation  of  contract  laborers,  were  administered  hy  State  o(H<"ials 
designated  b}'  the  governors  of  the  respective  States,  under  tlie  direc- 
tion and  control  of  the  Secretary  of  the  Treasury,  and  the  expense 
incurred  in  such  administration  was  defrayed  from  the  permanent 
appropriation  provided  for  by  the  act  approved  August  3,  1882,  and 
known  as  the  "Immigrant  fund." 

Section  T  of  the  iirst-mentioned  act  established  the  office  of  Super- 
intendent of  Immigration,  placing  this  officer  under  the  direction  of 
the  Secretarj^  of  the  Treasury.  The  same  act  provided  that  the  duties 
theretofore  discharged  by  State  commissions,  boards,  or  officers  should 
be  performed  and  exercised,  as  occasion  might  require,  by  the  inspec- 
tion officers  of  the  United  States.  Thus  for  the  first  time  the  admin- 
istration of  the  immigration  laws  came  into  the  hands  of  Federal 
officials  exclusiveh'. 

The  act  of  March  2,  1895,  made  an  appropriation  for  the  enforce- 
ment of  the  alien  contract-labor  laws,  and  under  the  heading  '•  Bureau 
of  Immigration  "  changed  the  title  of  the  Superintendent  to  Commis- 
sioner-General of  Immigration,  and  in  addition  to  his  other  duties 
charged  him  with  the  enforcement,  under  the  direction  of  the  Secre- 
tary of  the  Treasury,  of  the  alien  contract-labor  laws. 

By  the  act  of  June  6,  1900,  the  duties  of  the  Commissioner-General 
of  Immigration  were  extended  further  to  include  the  administration 
of  the  Chinese-exclusion  law,  under  the  supervision  and  direction  of 
the  head  of  the  Department. 

The  law  of  Februar}"  14,  1903.  establishing  the  Department  of 
Conmierce  and  Labor,  transferred  the  Bureau  of  Immigration  and  its 
official  force,  both  at  the  capital  and  at  large,  to  the  Department  of 
Conunerce  and  Labor,  and  the  authority  conferred  hy  any  legislation 
in  relation  to  the  immigration  of  aliens  and  the  exclusion  of  Chinese 
persons  upon  the  Secretary  of  the  Treasur}',  was  conferred  upon  the 
Secretary  of  Commerce  and  Labor  from  and  after  July  1,  1903. 

381 


382 


BUREAU    OF    IMMIGRATION 

Chiefx  of  Lnmigration  Service  U'ith  dates  of  service. 


From—  To— 


Superintendent. 

W.  D.  Owen 

Herman  Stump 

Commissioner-General. 

Herman  Stump 

T.  V.  Powderly 

F.  P.  Sargent 


1891 
1893 


1893 
1895 


1895  I  1897 
1897  1902 
1902     I 


LAW  PERTAINING  TO  IMMIGRATION 

[As  modified  by  act  of  Fel)ruary  14,  1903,  sees.  4  and  7,  pages  '2(;  and  28.] 


Duty  on  inimi 
grant. 
Mar.  S,  1903. 
32  Stat,  1213. 


fund 


There  shall  be  levied,  collected,  and  paid  a  duty  of  two 
dollars  for  each  and  every  passenger  not  a  citizen  of  the 
United  States,  or  of  the  Dominion  of  Canada,  the  Republic 
of  Cuba,  or  of  the  Republic  of  Mexico,  who  shall  come  by 
steam,  sail,  or  other  vessel  from  any  forcion  port  to  any 
port  within  the  United  States,  or  b3^any  railway  or  any 
other  mode  of  transportation,  from  foreign  contiguous 
territory  to  the  United  States.  The  said  duty  shall  be 
paid  to  the  collector  of  customs  of  the  port  or  customs 
district  to  which  said  alien  passenger  shall  come,  or,  if 
there  be  no  collector  at  such  port  or  district,  then  to  the 
collector  nearest  thereto,  by  the  master,  agent,  owner,  or 
consignee  of  every  such  vessel  or  transportation  line. 
The  money  thus  collected  shall  be  paid  into  the  United 
States  Treasury'  and  shall  constitute  a  permanent  appro- 
immigrant  pnation  to  ])e  called  the  ''immigrant  fund,""  to  be  used 
under  the  direction  of  the  Secretary  of  Commerce  and 
Labor  to  defray  the  expense  of  regulating  the  immigra- 
tion of  aliens  into  the  United  States  under  this  Act, 
including  the  cost  of  reports  of  decisions  of  the  Federal 
courts,  and  digests  thereof,  for  the  use  of  the  Commis- 
sioner-General of  Immigration,  and  the  salaries  and  ex- 
penses of  all  officers,  clerks,  and  employees  appointed 
for  the  purpose  of  enforcing  the  provisions  of  this  Act. 
The  duty  imposed  by  this  section  shall  be  a  lien  upon 
the  vessel  which  shall  l)ring  such  aliens  to  ports  of  the 
United  States,  and  shall  be  a  debt  in  favor  of  the  United 
States  against  the  owner  or  owners  of  such  vessels,  and 
the  payment  of  such  duty  may  be  enforced  by  any  legal 
or  equitable  remedy;  the  head  tax  herein  provided  for 
shall  not  bo  levied  upon  aliens  in  transit  through  the 
United  States  nor  upon  aliens  who  have  once  been  admitted 
into  the  United  States  and  have  paid  the  head  tax  who 
later  shall  go  in  transit  from  one  part  of  the  United  States 
to  another  through  foreign  contiguous  territory :  Provulcd^ 
That  the  Commissioner-General  of  Immigration,  under  the 
direction  or  with  the  approval  of  the  Secretary  of  Coni- 
nierco  and  Labor,  by  agn^ement  with  transportation  lines, 
as  provided  in  section  thirty-two  of  this  Act,  may  ai-raiige 
in  some  other  manner  for  the  payment  of  the  duty  imposed 


BUREAU    OF    IMMIGRATION  383 

bv  this  section   upon  aliens  ,seekin»i"  admission  overland, 
either  as  to  all  or  as  to  any  such  aliens. 

The  following- classes  of  aliens  shall  he  excluded  tV«)ui  Hasses.'" '''''''"" 
admission  into  the  ITuited  States:  All  idiots,  insane  i)er-  •*'•-■ 
sons,  ei)ileptics,  and  j)ers()ns  who  ha\'e  ])een  insane  within 
five  years  previous;  persons  who  have  had  two  or  more 
attacks  of  insanity  at  any  time  previously;  paupers; 
persons  likid}-  to  become  a  ])ublii-  charge;  professional  beg- 
gars; persons  atflicted  with  a  loathsome  or  with  a  dan- 
j>-erous  conta^iious  disease;  persons  who  have  been  con- 
victed of  a  felony  or  other  crime  or  misdemeanor  involvino- 
moral  tui'pitutle;  polyg-amists,  anarchists,  or  persons  who 
])elieve  in  or  advocate  the  overthrow  by  force  or  violence 
of  the  (xovei'mnent  of  the  United  States  or  of  all  o-overn- 
mcnt  or  of  all  forms  of  hnv,  or  tlu^  jissassination  of  public 
otlicials;  prostitutes,  and  persons  who  procuie  or  attempt 
to  bring-  in  prostitutes  or  women  for  the  purpose  of  prosti- 
tution; those  who  have  been,  within  one  vear  from  the  date 
of  the  application  for  admission  to  the  United  States,  t"«»t™'"'^''"r- 
deported  as  being-  under  ofiers,  solicitations,  promises  or 
agreements  to  perform  ]a))or  or  service  of  some  kind 
therein;  and  also  any  person  whose  ticket  or  passag-e  is 
paid  for  with  the  money  of  another,  or  who  is  assisted  by 
others  to  come,  unless  it  is  attii'matively  and  satisfactorily 
shown  that  such  person  does  not  ))elong- to  one  of  the  fore- 
going- excluded  classes;"  but  this  section  shall  not  be  held 
to  prevent  persons  living-  in  the  United  States  from  send- 
ing- for  a  relative  or  friend  who  is  not  of  the  foregoing- 
excluded  classes:  Provided,  That  nothing  in  this  Act  shall  ^f^^^ptioi^s. 
exclude  persons  convicted  of  an  otiense  purely  political, 
not  involving  moral  turpitude:  A)uJ  provided  further^ 
That  skilled  labor  may  l)e  iniported,  if  labor  of  like  kind 
unemployed  can  not  be  found  in  this  country:  And jyro- 
vided flirt Jwr,  That  the  provisions  of  this  law  applica])le 
to  contract  hi))or  shall  not  l)e  held  to  exclude  professional 
actors,  artists,  lecturers,  singers,  ministers  of  any  reli- 
gious denomination,  professors  for  colleges  or  seminaries, 
persons  belonging  to  any  recognized  learned  profession,  or 
persons  employed  strictly  as  personal  or  domestic  servants. 

The  importation  into  the  United  States  of  any  woman    importation  of 
or  girl  for  the  purposes  of  prostitution  is  hereby  forjluukm  "forbld- 
bidden;  and  whoever  shall  import  or  attempt  to  import  ^^"^^^^-^  ^ 
any  woman  or  girl  into  the  United  States  for  the  purposes 
of   prostitution,  or   shall   hold   or  attempt   to  hold,  any 
woman  or  girl  for  such  purposes  in  pursuance  of  such 
illegal  importation  shall  be  deemed  guilty  of  afelon3%and, 
on  conviction  thereof,  shall  ])e  imprisoned  not  less  than  one 
nor  more  than  five  years  and  pay  a  tine  not  exceeding  live    rtnaity. 
thousand  dollars. 

It  shall  be  unlawful  for  any  person,  company,  part- ^^.P^pp'^J'^^^'i^J^jJ 
nership.  or  corporation,    in   any  manner   whatsoever,  to  forbidden. 
prepay  the   transportation    or    in    any   way  to   assist   or    '^'^' " 
encourage  the   importation   or   migration   of    any   alien 

"Anarfhifts  inadiiiif^j-ible,   page  393;   alien  contract  laborers  inad- 
missible, page  394. 


384  BUEEAU    OF    IMMIGRATION 

into  the  United  States,  in  piir.suanee  of  an}"  offer,  solicita- 
tion, promise,  or  agreement,  parole  or  special,  expressed 
or  implied,  made  previons  to  the  importation  of  such  alien 
to  perform  labor  or  service  of  an}'  kind,  skilled  or  unskilled, 
in  the  United  States. 
Ic(^5^^^'  ^^^'  <^'^"6rv  violation  of  any  of  the  provisions  of  section 

four  of  this  Act  the  person,  partnership,  company,  or 
corporation  violating  the  same,  by  knowingly  assisting, 
encouraging,  or  soliciting  the  migration  or  importation  of 
any  alien  to  the  United  States  to  perform  labor  or  service 
of  any  kind  by  reason  of  any  offer,  solicitation,  promise, 
or  agreement,  express  or  implied,  parole  or  special,  to  or 
with  such  alien  shall  forfeit  and  pay  for  every  such  offense 
the  sum  of  one  thousand  dollars,  which  may  be  sued  for 
b^unt  d  st"f 'i' ''^'^^^  recovered  by  the  United  States,  or  l)y  any  person  who 
of  any  person,  'shall  first  bring  his  action  therefor  in  his  own  name  and 
for  his  own  benefit,  including  any  such  alien  thus  promised 
labor  or  service  of  any  kind  as  aforesaid,  as  debts  of  like 
amount  are  now  recovered  in  the  courts  of  the  United 
States;  and  separate  suits  may  be  brought  for  each  alien 
thus  promised  labor  or  service  of  any  kind  as  aforesaid. 
And  it  shall  be  the  duty  of  the  district  attorney  of  the 
proper  district  to  prosecute  every  such  suit  when  lirought 
by  the  United  States. 
promfs?ng°'*em-  I*  ^^^'^^^^  ^^^  Unlawful  and  be  deemed  a  violation  of  section 
pioyment.  four  of  this  Act  to  assist  or  encourage  the  importation 

or  migration  of  any  alien  b}"  a  promise  of  employn)ent 
through  advertisements  printed  and  published  in  any 
foreign  country;  and  any  alien  coming  to  this  country 
in  consequence  of  such  an  advertisement  shall  be  treated 
as  coming  under  a  promise  or  agreement  as  contemplated 
in  section  two  of  this  Act,  and  the  penalties  imposed  l)y 
section  fi^•e  of  this  Act  shall  lie  applicalile  to  such  a  case: 
Provided,  That  this  section  shall  not  apply  to  States  or 
Territories,  the  District  of  Columbia,  or  places  suliject 
to  the  jurisdiction  of  the  United  States  advertising  the 
inducements  they  offer  for  immigration  thereto,  respect- 
ively. 
transporfaUon  ^^  transportation  company  or  owner  or  owners  of 
company.  vcsscls  or  othcrs  engaged  in  transporting  ali(Mis  into  the 

'^^'"  ^"  United  States,  shall,  directly  or  tiii'ough  agents,  either  by 

writing,  printing,  or  oral  representations,  solicit,  invite, 
or  encourage  the  immigration  of  any  aliens  into  the  United 
States  except  by  ordinary  commercial  letters,  circulars, 
advertisements,  or  oral  representations,  stating  the  sailings 
of  their  vessels  and  terms  and  facilities  of  transportation 
therein;  and  for  a  violation  of  this  provision  any  such 
transportation  company  and  any  such  owner  or  owners  of 
A^essels,  and  all  others  engaged  in  transporting  aliens  to 
the  United  States,  and  the  agents  ])y  them  employed,  shall 
be  subjected  to  the  ]:)enalties  im[)osed  bv  section  five  of 
this  Act. 
lawluHy^  Mng-      ^"3^  pcrsou,    including  the  master,   agent,   owner,    or 
ing  alien  into  consignee  of  any  vcsscl,  who  shall  bring  into  or  land  in 
^&c!i^*^*''"     the  United  States,  by  vessel  or  otherwise,  or  who  shall 


BUREAU    OV    IMMIGRATION  8b 5 

attcMiipt.  l)y  iiiiiisdl'  or  tlirouiih  anotlior,  to  briiio-  into  or 
land  ill  the  I'liitcHl  Statos,  by  vess(>l  or  otherwise,  any 
ali»Mi  not  duly  admitted  by  an  iniinioiaiit  inspector,  or 
not  lawfully  entitled  to  enter  the  United  States,  (iluill  bo 
deemed  "uilty  of  a  misdemeanor,  and  shall,  on  conviction, 
he  punished  by  a  tine  not  exceedin*>"  one  thousand  dollars 
for  eacli  and  every  alien  so  landed  or  attempted  to  be 
landed,  or  ])V  imprisonment  for  u  term  not  h^ss  than  three 
months  nor  more  than  two  years,  or  by  l)oth  such  tine  and 
imprisonment. 

It  shall  be  unlawful  for  any  person,  includin*,^  any  pg;^^'*'"  ^^''*'^'^''^' 
transportation  company  oth(>r  than  railway  lines  enter-  •*<;.». 
inji"  the  United  States  from  foreio-n  contiguous  teri'itory, 
or  the  owner,  master,  ao-ent.  or  i-onsioiioo  of  any  vessel 
to  brinj^-  to  the  United  States  any  alien  atWicted  with  a  loath- 
some or  Avith  a  danyerous  contagious  disease;  and  if  it 
shall  appear  to  the  satisfaction  of  the  Secretary  of  Com- 
merce and  Lal)or  that  any  alien  so  l)i'ouoht  to  tiie  I'nited 
States  was  atiiii-ted  Avitli  such  a  disease  at  the  time  of  for- 
eign embarkation,  and  that  the  existence  of  such  disease 
might  have  been  detected  by  means  of  a  competent  medical 
examination  at  such  time,  such  person  or  transportation 
company  or  the  master,  ag-ent,  owner,  or  consignee  of  any 
such  vessel  shall  pay  to  the  collector  of  customs  of  the 
customs  district  in  which  the  port  of  arrival  is  located  the 
sum  of  one  hundred  dollars  for  each  and  every  violation 
of  the  provisions  of  tliis  section:  and  no  vessel  shall  ))e 
granted  clearance  papers  while  any  such  tine  imposed  npon 
it  remains  unpaid,  nor  shall  such  tine  ))e  remitted. 

The  decision  of  the  l)oard  of  special  inipiiry,  herein- bo^rd^^J^fgpeciai 
after  provided  for,  based  upon  the  certificate  of  the "i^^jfry^ 
examining  medical  officer,  shall  be  final  as  to  the  rejec- 
tion of  aliens  atilicted  with  a  loathsome  or  with  a  dan- 
gerous contagious  disease,  or  with  any  mental  or  phys- 
ical disability  which  would  l)ring*!iuch  aliens  within  any  of 
the  classes  excluded  from  admission  to  the  United  States 
under  section  two  of  this  Act. 

Upon  the  certificate  of  a  medical  officer  of  the  Public   Heipi/ssrijec't- 

TT       1    I  1      A  I        •  TT  •       1        '  •  i         A^  t»'       i     j_i      J.  *^*^     aluMi      with 

Health  and  Marme-Hospital  Service  to  the  etiect  that  comimniou. 
a  rejected  alien  is  helpless  from  sickness,  physical  dis-  '"'■  ^'' 
a))ility,  or  infancy,  if  such  alien  is  accompanied  by  another 
alien  whose  protection  or  guardianship  is  required  by 
such  rejected  alien,  the  master,  agent,  owner,  or  con- 
signee of  the  vessel  in  which  such  alien  and  accompanying- 
alien  are  brought  shall  be  required  to  return  said  alien 
and  accompanying  alien  in  the  same  manner  as  vessels  are 
required  to  return  other  rejected  aliens. 

l^])on  the  arrival  of  any  alien  by  water  at  any  port ppft"''f,\"j;„*i'f,7jigt 
within  the  United  States  it  shall  be  the  duty  of  the «'f «i;«y^- 
master  or  commanding  officer  of  the  steamer,  sailing 
or  other  vessel,  having  said  alien  on  board  to  deliver  to 
the  immigration  officers  at  the  port  of  arrival  lists  or 
manif(>sts  made  at  the  time  and  place  of  emiiarkation  of 
such  alien  on  board  such  steamer  or  vessel,  which  shall, 
27628—04 25 


386  BUREAU    OF    IMMIGRATION 

in  answer  to  (|iic,stions  at  the  to])  of  said  lists,  state  as  to 
each  alien  the  full  name,  a^'e,  and  sex;  whether  married  or 
single;  the  calling-  or  occupation;  whether  able  to  read  or 
write;  the  nationality;  the  race;  the  last  residence;  the 
seaport  for  lauding  in  the  United  States;  the  final  desti- 
nation, if  au}^,  beyond  the  port  of  landing;  whether  having 
a  ticket  through  to  such  final  destination;  whether  the 
alien  has  paid  his  own  passage,  or  whether  it  has  lieen 
paid  })y  any  other  person  or  by  any  coi-poration,  society, 
municipality,  or  government,  and  if  so,  by  whom;  whether 
in  possession  of  fiftj^  dollars,  and  if  less,  how  much; 
whether  going  to  join  a  relative  or  friend,  and  if  so,  what 
relative  or  friend  and  his  name  and  complete  address; 
whether  ever  before  in  the  United  States,  and  if  so,  when 
and  where;  whether  ever  in  prison  or  almshouse  or  an 
institution  or  hospital  for  the  care  and  treatment  of  the 
insane  or  supported  by  charity;  whether  a  pohgamist; 
whether  an  anarchist;  whether  coming  by  reason  of  an}" 
oti'er,  solicitation,  promise  or  agreement,  expi-essed  or 
implied,  to  perform  lal^or  in  the  United  States,  and  what 
is  the  alien's  condition  of  health  mental  and  physical,  and 
whether  deformed  or  crippled,  and  if  so,  for  how^  long  and 
from  what  cause. 
is"to^be"^made  -^^^  aliens  arriving  ])y  water  at  the  ports  of  the  United 
out  and  verittert.  States  shall  be  llstcd  in  convenient  groups,  and  no  one 
list  or  manifest  shall  contain  more  than  thirty  names.  To 
each  alien  or  head  of  a  family  shall  ])e  given  a  ticket  on 
which  shall  be  written  his  name,  a  number  or  letter 
designating  the  list  in  which  his  name,  and  so  forth,  is 
«  contained,  and  his  numl)er  on  said  list,  for  convenience 

of  identification  on  arrival.  Each  list  or  manifest  shall  be 
verified  by  the  signature  and  the  oath  or  affirmation  of  the 
master  or  commanding  officer  or  the  first  or  second  below 
him  in  command,  taken  before  an  immigration  officer  at 
the  port  of  arrival,  to  the  effect  that  he  has  caused  the 
surgeon  of  said  vessel  sailing  therewith  to  maki^  a  physical 
and  oral  examination  of  each  of  said  aliens,  and  that  from 
the  report  of  said  surgeon  and  from  his  own  investigation 
he  believes  that  no  one  of  said  aliens  is  an  idiot,  or  insane 
person,  or  a  pauper,  or  is  likely  to  becon)e  a  i)ublic  charge, 
or  is  suffering  from  a  loathsome  or  a  dangerous  conta- 
gious disease,  or  is  a  person  who  has  been  convicted  of 
a  felony  or  other  crime  or  misdemeanor  involving  moral 
turpitude,  or  a  poh'gamist,  or  an  anarchist,  or  under 
promise  or  agreement,  express  or  implied,  to  perform 
labor  in  the  United  States,  or  a  prostitute,  and  that  also, 
according  to  the  best  of  his  knowledge  and  belief,  the 
information  in  said  lists  or  manifests  concerning  each  of 
said  aliens  named  therein  is  correct  and  true  in  every 
respect. 
seUomaL^phys"-  .  '^'^^*'  surgcou  of  said  A^csscl  Sailing  therewith  shall  also 
itiii  tx  a  mi  nil- sign  eacli  of  Said  lists  or  manifests  and  make  oath  or 
caUon"  '^^^'^  "affirmation  in  like  manner  before  an  immigration  officer 
Sec.u.  .^i  ^\^Q   -pQYi   yf   arrival,   stating   his    professional    expe- 


ailM 


lUTREAU    OF    IMMIGKATION  887 

riciu-r  ;iii(l  (lualilirations  as  a  ])l)ysician  and  siirovon,  and 
that  lie  lias  made  a  jxTsonal  cxaiuiiiatioii  of  each  of  tlio 
said  aliens  iiaMunl  tluTcMn.  and  that  th(»  said  list  or  inani- 
fost,  accoi'dini"'  to  tho  best  of  his  l<no\vlod«;c  and  belief,  is 
full,  eorreet,  and  true  in  all  particulars  relative  to  the 
uiental  and  ])hysi('al  condition  of  said  aliens.  If  no  sur- 
oeon  sails  with  any  vessel  brino-ino-  aliens  the  mental  and 
physical  examinations  and  the  verifications  of  the  lists  oi- 
manifests  shall  be  made  by  some  competent  suroeon  em- 
ployed l)y  the  ownei's  of  the  said  v(\ssel. 

In  the  case  of  the  failure  of  the  master  or  conmianding-  sy*:""/-'-^'- 
otHcer  of  any  vessel  to  deliver  to  the  said  immigration 
oflicers  lists  or  manifests  of  all  aliens  on  board  thereof  as 
recjuired  in  sections  twelve,  thirteen,  and  fourteen  of  this 
Act,  he  shall  pay  to  the  collector  of  .customs  at  the  port 
of  arrival  the  sum  of  ten  dollars  for  each  alien  concerning 
whom  the  above  information  is  not  contained  in  any  list 
as  aforesaid. 

Upon  the  receipt  by  the  immigration  oflicers  at  any  port  i,„^"^j^ration  of- 
of  arrival  of  the  lists  or  manifests  of  aliens  provided  forin'ieer. 
in  sections  twelve,  thirteen,  and  fourteen  of  this  Act  it 
shall  l)e  the  duty  of  said  officers  to  go  or  send  competent 
assistants  to  the  vessels  to  which  said  lists  or  manifests 
refer  and  there  inspect  all  such  aliens,  or  said  immigration 
officers  may  order  a  tem})orary  removal  of  such  aliens  for 
exannnation  at  a  designated  time  and  place,  but  such  tem- 
porary j-emo\al  shall  not  be  considered  a  landing,  nor  shall 
it  relieve  the  transportation  lines,  masters,  agents,  owners, 
or  consignees  of  the  vessel  upon  which  such  aliens  are 
brought  to  any  port  of  the  United  States  from  any  of  the 
ol)ligati<)ns  which,  in  case  such  aliens  remain  on  ])Oi:rd, 
would,  luider  tlie  provisions  of  this  Act,  bind  the  said  trans- 
portation lines,  masters,  agents,  owners,  or  consignees; 
Pi'oi'tdrd^  That  where  a  suitable  building  is  used  for  the 
detention  and  examination  of  aliens  the  immigration  offi- 
cials shall  there  take  charge  of  such  aliens,  and  the  trans- 
portation companies,  masters,  agents,  owners,  and  con- 
signees of  the  vessels  Ijringing  such  aliens  shall  be  relieved 
of  the  responsibility  for  their  detention  thereafter  until 
the  return  of  such  aliens  to  their  care. 

The  phvsical   and  mental  examination   of   all  arriving  ,  i'^>^i;^;<\}  ^,^- 

II    "i  1    1  11  ^  *      ^        f^-»  •       I         T*       1  •     iim  1  im  lion     oy 

lens  shall  be  made   bv  medical   oincers   of   the   Puldic  meciiiai    officer 

Health  and  :Marine-Hospital  Service,  who  shall  have  hLV Marin^'nos^- 
had  at  least  two  years'  experience  in  the  practice  of  their  I'^l^^j.^'^Ji'^^'^*^- 
profession  since  receiving  the  degree  of  doctor  of  medi- 
cine and  who  shall  certify  for  the  information  of  the  inimi- 
gratioti  officers  and  the  boards  of  special  iiKjuiry  herein- 
after provided  for.  any  and  all  physical  and  mental  defects 
or  diseas«\s  ol)served  by  said  medical  officers  in  any  such 
alien,  or,  should  medical  officers  of  the  Public  Health  and 
^lariiu^-Hospital  Service  be  not  avaihi])le,  civil  surgeons 
of  not  less  than  four  years'  professional  experience  may 
be  em})loyed  in  such  emergencies  for  the  said  service,  upon 
such  terms  as  may  be  prescribed  by  the  Commissioner- 


388  BUEEAU    OF   IMMIGEATION 

General  of  Immig-ration,  under  the  direction  or  with  the 
approval  of  the  Secretary  of  Commerce  and  Labor.     The 
Public  Health  and  Marine-Hospital  Service  shall  be  reim- 
bursed by  the  Immig'ration  Service  for  all  expenditures 
incurred  in  carrying  out  the  medical  inspection  of  aliens 
under   regulations  of    the    Secretary  of   Commerce   and 
Labor. 
Penalty  for     Jt  shall  be  the  duty  of  the  owners,  officers  and  agents 
uniawiuuime  or  of  any  vcsscl  bringing"  an  alien  to  the  United  States  to 
^^lec.'is.  adopt  due  precautions  to  prevent  the  landing  of  any  such 

alien  from  such  vessel  at  any  time  or  place  other  than 
that  designated  b}^  the  immigration  officers,  and  any  such 
owner,  officer,  agent,  or  person  in  charge  of  such  vessel 
who  shall  land  or  permit  to  land  anv^  alien  at  any  time 
or  place  other  than  that  designated  ]>y  the  immigration 
officers,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  on  conviction  be  punished  by  a  fine  for  each  alien  so 
permitted  to  land  of  not  less  than  one  hundred  nor  more 
than  one  thousand  dollars,  or  ])y  imprisonment  for  a  term 
not  exceeding  one  year,  or  by  both  such  tine  and  impris- 
onment, and  every  such  alien  so  landed  shall  be  deemed  to 
be  unlawfully  in  the  United  States  and  shall  be  deported, 
as  provided  b}^  law. 
aiSn* unlawful-  ^'^  aliens  brought  into  this  countr}^  in  violation  of  law 
ly  brought  into  shall,  if  practicable,  be  immediately  sent  back  to  the 
^Sec!w^^^^^"'  countries  whence  they  respectively  came  on  the  vessels 
bringing  them.  The  cost  of  their  maintenance  while  on 
land,  as  well  as  the  expense  of  the  return  of  such  aliens, 
shall  be  borne  by  the  owner  or  owners  of  the  vessels 
on  which  they  respectively  came;  and  if  any  master, 
person  in  charge,  agent,  owner,  or  consignee  of  any  such 
vessels  shall  refuse  to  receive  back  on  board  thereof,  or  of 
any  other  vessel  owned  by  the  same  interest,  such  aliens, 
or  shall  neglect  to  detain  them  thereon,  or  shall  refuse  or 
neglect  to  return  them  to  the  foreign  port  from  which 
they  came,  or  to  pa}"  the  cost  of  their  maintenance  while 
on  land,  such  master,  person  in  charge,  agent,  owner,  or 
consignee  shall  be  deemed  guilty  of  a  misdemeanor  and 
shall,  on  conviction,  be  punished  by  a  line  not  less  than 
three  hundred  dollars  for  each  and  every  such  offense; 
and  no  vessel  shall  have  clearance  from  anv  port  of  the 
United  States  while  any  such  tine  is  unpaid:  Provided^ 
That  the  Commissioner-General  of  Lnmigration,  under 
the  direction  or  with  the  approval  of  the  Secretary  of 
Commerce  and  Labor,  may  suspend,  upon  conditions  to 
be  prescribed  bv  the  Commissioner-General,  the  deporta- 
tion of  any  alien  found  to  have  come  under  promise  or 
agreement  of  labor  or  service  of  any  kind  if,  in  his  judg- 
ment, the  testimony  of  such  alien  is  necessary  on  behalf 
of  the  United  States  Government  in  the  prosecution  of 
offenders  against  the  provisions  of  sections  four  and  live 
of  this  Act:  Provided^  That  the  cost  of  maintenance  of 
any  person  so  detained  resulting  from  such  suspension  of 
deportation  shall  be  paid  from  the  ''  immigrant  fund.''  but 


BUREAU    OF    IMMIGRATION  389 

no  alioii  certified,  as  provided  in  section  seventeen  of  this 
Act.  to  be  sutierinii;"  with  u  loathsome  oi-  with  a  dangerous 
contai^ious  disease  other  than  on»>ot"  a  (|uarantinal)le  nature, 
shall  l>e  ])erniitted  to  land  foi-  medical  treatment  thereof 
in  the  hospitals  of  the  United  States. 

Any  alien  who  shall  come  into  the  United  States  in  viola-    Deportation 
tion  of  law,  or  who  shall  he  found  a  public  charg-c  therein,  fJJ^fvears^'Jl't'JJ 
from  causes  existing"  prior  to  landing,  shall  be  deported '^'■^.j^;"],j^ 
as  hereinafter  provided  to  the  country  whence  he  came 
at  any  time  within  two  years  after  arrival  at  the  expense, 
including  one-half  of  the  cost  of  inland  transjjortation  to 
the  port  of  deportation,  of  the  person  bringing  such  alien 
into  the  United  States,  or,  if  that  can  not  be  done,  then 
at  the  expense  of  theimmigrant  fund  referred  to  in  section 
one  of  this  Act. 

In  case  the  Secretary  of  Connnerce  and  Labor  shall  be^^scoretary  of 
satisfied  that  an  alien  has  been  found  in  the  United  States  Labor"^  nm  "d'e- 
in  violation  of  this  Act  he  shall  cause  such  alien,  within  ;:;:,■;*"'"'""''''*"' 
the  period  of  three  years  after  landing*  or  entry  therein,    '"^ccsi. 
to  be  tak(Mi  into  custod}'  and    returned  to   the    country 
whence  he  came,  as  provided  in  section  twent}'  of  this 
Act,  or.  if  that  can  not  be  so  done,  at  the  expense  of  the 
innuigrant  fund  provided  for  in  section  one  of  this  Act; 
and  neglect  or  refusal  on  the  part  of  the  masters,  agents, 
owners,  or  consignees  of  vessels  to  comph'  with  the  order 
of  the  Secretary  of  Commerce  and  Labor  to  take  on  board, 
guard  safely,  and  return  to  the  country  whence  he  came 
any  alien  ordered  to  be  deported  under  the  provisions  of 
this  section  shall  l)e  punished  by  the  imposition  of  the 
penalties  prescribed  in  section  nineteen  of  this  Act. 

The  Connnissioner-General  of  Immigration,  in  addition  j^PM»jp^^^"[,^om- 
to  such  other  duties  as  may  by  law  be  assigned  to  him,  n.i  of  immigra- 
shall,  under  the  direction  of  the  Secretary  of  Commerce  ^"^c.  22. 
and  Labor,  have  charge  of  the  administration  of  all  laws 
relating  to  the  innnigration  ot  aliens  into  the  United 
States,  and  shall  have  the  control,  direction,  and  super- 
vision of  all  officers,  clerks,  and  employees  appointed 
thereunder.  He  shall  establish  such  rules  and  regulations, 
prescribe  such  forms  of  bonds,  reports,  entries,  and  other 
papers,  and  shall  issue  from  time  to  time  such  instructions, 
not  inconsistent  Avith  law,  as  he  shall  deem  best  calculated 
for  carrying  out  the  provisions  of  this  Act  and  for  pro- 
tecting the  United  States  and  aliens  migrating  thereto  from 
fraud  and  loss,  and  shall  have  authority  to  enter  into  con- 
tracts for  the  support  and  ridief  of  such  aliens  as  may  fall 
into  distress  or  need  public  aid;  all  under  the  direction  or 
with  the  ai)V)ro\al  of  the  Secretary  of  Connnerce  and 
Labor.  And  it  shall  be  the  duty  of  the  Commissioner- 
General  of  Innnigration  to  detail  officers  of  the  innnigra- 
tion service  from  time  to  time  as  may  be  necessary,  in  his 
judgment,  to  secure  information  as  to  the  number  of  aliens 
detained  in  the  penal,  r(»formatorv,  and  charitable  institu- 
tions (public  and  private)  of  the  several  States  and  Terri- 
tories, the  District  of  Colunil)ia,  and  other  territory  of  the 


890 


BUREAU    OF   IMMIGRATION 


Commissioners 
of  immigration. 

Sec.  23. 


Immigrant  in- 
spectorfi,  etc. 

Appointment 
an  d  compensa- 
tion. 

Sec.  U. 


Powers  of  im- 
migration offi- 
cers. 


Boards  of  s|" 
cial  inquiry. 

Sec.  25 


United  States,  and  to  inform  tlie  ofticer.s  of  .such  institutions 
of  the  provisions  of  law  in  relation  to  the  deportation  of 
aliens  who  have  become  public  charoes:  /VowVAW,  That 
the  Commissioner-General  of  Inmiiuration  may,  with  the 
approval  of  the  Secretary  of  Commerce  and  I^abor,  when- 
ever in  his  judgment  such  action  may  be  necessary  to 
accomplish  the  purposes  of  this  Act,  detail  immigration 
officers  for  tem[)orary  service  in  foreign  countries. 

The  duties  of  the  commissioners  of  immigration  shall 
be  of  an  administrative  character,  to  be  prescribed  in  detail 
by  regulations  prepared,  under  the  direction  or  with  the 
approval  of  the  Secretary  of  Commerce  and  Labor.  ^ 

Immigrant  inspectors  and  other  immigration  officers, 
clerks,  and  emplo3^ees  shall  hereafter  l)e  appointed,  and 
their  compensation  lixed  and  raised  or  decreased  from 
time  to  time,  by  the  Secretary  of  Commerce  and  Labor, 
upon  the  recommendation  of  the  Commissioner-General 
of  Inunigration  and  in  accordance  with  the  provisions  of 
the  civil-service  Act  of  January  sixteenth,  eighteen  hun- 
dred and  eighty-three:  Provided^  That  nothing  herein 
contained  shall  be  construed  to  alter  the  mode  of  appoint- 
ing commissioners  of  immigration  at  the  several  ports 
of  the  ITnited  States  as  provided  by  the  sundry  civil 
appropriation  Act  approved  August  eighteenth,  eighteen 
hundred  and  ninet^^-four,  (  r  the  official  status  of  such 
commissioners  heretofore  appointed,  hnmigi'ation  officers 
shall  have  power  to  administer  oaths  and  to  take  and  con- 
sider testimony  touching  the  right  of  any  alien  to  enter 
the  United  States,  and,  where  such  action  may  be  neces- 
sar}'^,  to  make  a  written  record  of  such  testimony,  and  any 
person  to  whom  such  an  oath  has  been  administered  under 
the  provisions  of  this  Act  who  shall  knowingly  or  willfully 
give  false  testimony  or  swear  to  any  false  statement  in  an}^ 
way  affecting  or  in  relation  to  the  right  of  an  alien  to  ad- 
mission to  the  United  States  shall  be  deemed  guilty  of 
perjury  and  he  punish(>d  as  provided  )>y  section  tifty-three 
hiuidred  and  ninety-two.  Ignited  States  Revised  Statutes. 
The  decision  of  any  such  officer,  if  favorable  to  the  admis- 
sion of  any  alien,  shall  be  su))iect  to  challenge  by  any 
other  immigration  officer,  and  such  challenge  shall  operate 
to  take  the  alien  w^hose  right  to  land  is  so  challenged  before 
a  ])oard  of  special  inquiry  for  its  investigation.  Every 
alien  who  may  not  appear  to  the  examining  immigrant 
inspector  at  the  port  of  arrival  to  l)e  clearly  and  ))eyon(l  a 
doubt  entitled  to  land  shall  be  detained  for  examination  in 
relation  thereto  l)y  a  board  of  special  inquiry. 

Such  boards  of  special  inquiry  shall  be  appointed  by 
the  commissioners  of  immigration  at  the  various  ports  of 
arrival  as  may  be  necessary  for  the  prompt  cletermi- 
nation  of  all  cases  of  aliens  detained  at  such  ports  under 
the  provisions  of  law.  Such  boards  shall  consist  of 
three  members,  who  shall  be  selected  from  such  of  the 
innnigrant  officials  in  the  service  as  the  CommLssioner- 
General  of  Immigration,  with  the  approval  of  the  Sec- 


BUREAU    OF   IMMIGKATION  391 

i-i't:irv  of  C'oimiu'i'C'c  aiul  Luhor,  slmll  fruiii  tiiiio  to  time 
(IcsioiKilo  us  (nullified  to  sorvc  on  siicli  hoai-ds;  Prorld,  d^ 
That  at  ports  where  there  are  fewer  than  three  iininio-i-jint 
iiispet'tors,  the  Secretary  of  C'onnnerec  and  J^abor,  upon 
reeonnnendation  of  the  Conunissioner-CJeneral  of  Inuni- 
oration.  may  desionate  other  Tnited  States  offieials  for 
service  on  sueh  hoards  of  special  incjuir}'.  Such  l)oards 
shall  have  authority  to  determine  wh(>ther  an  alien  mIio 
has  been  duly  Indd  shall  be  allowtnl  to  land  ov  be  de- 
])oited.  All  hearinu's  before  boards  shall  be  separate 
and  apart  from  the  pul)lic,  but  the  said  boards  shall  keep 
C'oini)lele  peinianent  records  of  their  ])roceedinos  and 
of  all  such  testimony  as  may  ])e  produced  before  them; 
and  the  din-ision  of  any  two  nuMuber.s  of  a  board  shall 
prevail  and  l)e  final,  but  either  the  alien  or  any  dissentino- 
niend)er  of  said  board  may  appeal,  throuoli  the  commis- 
sioner of  immigration  at  the  port  of  arrival  and  the  Com- 
missioner-General of  Immigration,  to  the  Secretary  of 
C'omnieice  and  Labor,  whose  decision  shall  then  be  tinal; 
and  the  taking  of  such  ap])eal  shall  operate  to  stay  any 
action  in  regard  to  the  tinal  disposal  of  the  alien  whose 
case  is  so  appealed  until  the  recei])t  ])v  the  commissioner 
of  unmigration  at   the  port  of  arri\al  of  such  decision. 

No  bond  or  guaranty,  written  or  oral,  that  an  alien  botci  on  be- 
shall  not  beccmie  a  public  charge  shall  be  received  from '' >4"i6^^'^"- 
any  person,  compan\',  corporation,  charitable  or  benev- 
olent societ}'  or  association  unless  authority  to  receive 
the  same  shall  in  each  special  case  be  given  l)y  the  Com- 
missioner-General of  Jnnnigration,  with  the  Avritten  ap- 
proval of  the  Secretary  of  Commerce  and  Labor, 

No  suit  or  proceeding  for  a  violation  of  the  pi'ovisions^„ff"',f,™!"*j,,^j[ 
of  this  Act  shall  ])e  settled,  compromised,  or  discontinued ';*t   ^'nterod   of 
without  the  consent  of  the  court  in  which  it  is  pending,    n''. ir. 
entered  of  record,  with  the  reasons  therefor. 

Nothing  contained  in  this   Act  shall  l)e  construed   to    I'loseeution 

a;      I.  i.-  4.1  J-  •       •        1  under     lormer 

affect  any  prosecution  or  other  proceeding,  criminal  or  acts, 
civil,  begun  under  any  existing  Act  or  any  Acts  hereby    •''"•-^• 
amended,  ])ut  such  prosecutions  or  other  i)roceedings,  crim- 
inal or  civil,  shall  proceed  as  if  this  Act  had  not  been  passed. 
The  circuit  and  disti-ict  courts  of  the  United  States  are.  Courts   imv- 

,  1        •  4-     1        -.1      4?    11  1  4-     •       •     ]•    4.-  .ing  jurisdiction. 

hereby  nivested  With  full  and  concurrent    jurisdiction  of    sec.^u. 
all  causes,  civil  and  criminal,  arising  under  any  of  the  pro- 
visions of  this  Act. 
After  the  first  dav  of  January,  nineteen  hundred  and,  competition 

,  ,,  ,.-.,,  -^  '   .  ,  .  for  privileges  lit 

three,  all  exclusive  privileges  or  exchanging  money,  imniiffmnt  sta- 
transporting  passengers  or  baggage,  or  keeping  eating  ">",'..  .^o. 
houses,  and  all  other  like  privileges  in  c-onnection  with 
an}'  I'nited  States  immigration  station,  shall  })e  disposed 
of  after  publii^  competition,  subject  to  such  conditions 
and  limitiitions  as  the  Commi.ssiouer-General  of  Immigra- 
tion, under  the  direction  or  with  the  approval  of  the  Sec- 
retary of  Commerce  and  La])or,  mav'  prescribe:  Provided^ 
That  no  intoxicating  liquors  shall  be  sold  in  an}^  such  immi- 
grant station;  that  all  receipts  accruing  from  the  disposal 


392  BUEEAU    OF    IMMIGRATION 

of  such  exclusive  privileges  as  herein  provided  shall  be  paid 
into  the  United  States  Treasury  to  the  credit  of  the  inimi- 
o-rant  fund  provided  for  in  section  one  of  this  Act. 
jnrisdiftion  of     Yov  the  preservation  of  the  peace,  and  in  order  that 

state  iiiHl  munic-  tr  i        ,.  •  i  j_i         i  i-    j_i 

ipai  otiiccis  and  arrests  ma}'  be  made  for  crmies  under  the  laws  of  the 

migrantiuuions' States  and  Territories  of  the  United   States  where  the 

nec.si.  various   immigrant  stations  are   located,  the   officers  in 

charge  of  such  stations,  as  occasion  may  require,   shall 

admit   therein   the   proper  State  and   municipal   officers 

charged  with  the  enforcement  of  such  laws,  and  for  the 

purposes  of  this  section  the  jurisdiction  of  such  officers 

and  of  the  local  courts  shall  extend  over  such  stations. 

^"tf  nofaiiens     '^^^^  Commissioner-General  of  Immigration,  under  the 

along  borders  of  direction  or  with  the  approval  of  the  Secretarv  of  Com- 

Mexicoandcan-j^^^^.^^   and   Labor,  shall   prescribe   rules   for  "the  entry 

sec.3'2.  g^j^(^   inspection  of   aliens   along  the   borders  of   Canada 

and  Mexico,  so  as  not  to  unnecessarily  delay,  impede,  or 

annoy  passengers  in  ordinary  travel  between  the  United 

States  and  said  countries,  and  shall  have  power  to  enter 

into  contracts  with  foreign    transportation    lines  for  the 

same  purpose. 

"UnuVd 'stfteJ^'      For  the  purposes  of  this  act  the  words  '^  United  States" 

in  this  Act.         {^g  uscd  in  the  title  as  well  as  in  the  various  sections  of 

this  Act  shall   be  construed   to   mean   the  United  States 

and  any  waters,  territory  or  other  place  now  sul)ject  to 

the  jurisdiction  thej'eof. 

Deportation  of     a^\^Q  deportation  of  aliens   arrested  within  the  United 

aliens  to  point  ot  .      t  .  i        -n  ii       ^i 

embarkation.      States  after  entry  and  found  to  be  illegali}'  therein,  pro- 
sec.35.  ^,j^p^^    ^.^^.    .j^   ^j-j^     ^^.^^   ^j^.^jj    i^g    ^^    ^j^p    trans-Atlantic 

or  trans-Pacitic  ports  from  which  said  aliens  eml)urked 
for  the  United  States;  or,  if  such  embarkation  was  for  for- 
eign contiguous  territory,  to  the  foreign  port  at  which 
said  aliens  eml)arked  for  such  territorv. 
fected.'  ""'  ''^'  AH  Acts  and  parts  of  Acts  inconsistent  with  this  Act 
Seem.  are  hereby  repealed:  Provided^  That  this  Act  shall  itot  be 

construed  to  repeal,  alter,  or  amend  existing  laws  relat- 
ing to  the  immigration,  or  exclusion  of  Chinese  persons 
or  persons  of  Chinese  descent. 
Contagious      Whenever  an  alien  shall  have  taken  up  his  permanent 
tracted on  ijoard  residence  in  this  country,  and  shall  have  tiled  his  prelim- 
^'sec.  3^  inary   declaration    to   l)ecome   a   citizen,    and   thereafter 

shall  send  for  his  Avife  or  minor  children  to  join  him,  if 
said  wife,  or  either  of  said  children,  shall  be  found  to  l)e 
afi'ected  with  any  contagious  disorder,  and  if  it  is  proved, 
that  said  disorder  was  contracted  on  board  the  ship  in 
which  they  came,  and  is  so  certified  l)v  the  examining  sur- 
geon at  the  port  of  arrival,  such  wife  or  children  shall 
be  held,  under  such  regulations  as  the  Secretary  of  Com- 
merce and  Labor  shall  prescribe,  until  it  shall  be  deter- 
mined whether  the  disorder  will  be  easily  curable,  or 
whether  they  can  be  permitted  to  land  without  danger  to 
other  persons;  and  they  shall  not  be  deported  until  such 
facts  have  been  ascertained. 


«  Section  '.'A  irrelevant. 


BUREAU    OF   IMMIGRATION  393 

No  person  who  disbelieves  in  or  who  is  opposed  to  all  ^j^pp^'^.^"'^^{;*[ 
orniuii/cd  liovtM'iiinent,  or  who  is  a  nieinl)er  of  or  affili-iriimentnotper- 

i'"~i  •,!  •       i*  i.      i.    •     •  1     i.         1  •         niitti'(l    to  enter 

tittnl  with  any  organization  ontm'tainino-  and  teachin<jf  cnited  states, 
siu'h  dishcliof  in  or  opposition  to  all  oruanized  govern-  •^'e<"*'*- 
ment.  or  who  advocates  or  teaehes  the  duty,  necessity, 
or  propii(>ty  of  the  unlawful  assaulting  or  killing  of  any 
otiicer  or  otHcers,  either  of  specitic  individuals  or  of  offi- 
cers generally,  of  the  Government  of  the  Ignited  States  or 
of  any  other  organized  government,  because  of  his  or 
their  official  I'haracter,  shall  be  permitted  to  enter  the 
Tnited  States  or  any  Territory  or  place  subject  to  the 
jui-isdietion  thereof.  This  section  shall  ))e  enforced  by 
the  Secretary  of  Commerce  and  Labor  under  sucli  rules 
and  regulations  as  he  shall  prescribe. 

Any  person  who  knowingly  aids  or  assists  any  such  per-    Ponaity     for 
son  to  enter  the  United  States  or  any  Territor}^  or  place  conspiring  to 
subject  to  the  jurisdiction  thereof,  or   who  connives  or^bove!'^'^     ^^^^ 
conspires  with  any  person  or  persons  to  allow,  procure, 
or  permit  any  such  person  to  enter  therein,  except  pur- 
suant to  such  rules  and  regulations  made  by  the  Secretary 
of  C'onnnerce  and  Labor,  shall  be  lined  not  more  than  five 
thousand  dollars,  or  imprisoned  for  not  less  than  one  nor 
more  than  five  ^ears,  or  both. 

"No  person  who  disbelieves  in  or  who  is  opposed  to  all  opponents  of 
organized  government,  or  who  is  a  member  of  or  affili-  government  not 
ated  with  any  organization  entertaining  and  teaching  |!,p,,'^*'  miturai- 
such  disbelief  in  or  opposition  to  all  organized  govern-  *<'•  ^'■>- 
ment,  or  who  advocates  or  teaches  the  duty,  necessity,  or 
propriety  of  the  unlawful  assaulting  or  killing  of  any 
officer  or  officers,  either  of  specitic  individuals  or  of  offi- 
cers generally,  of  the  Government  of  the  United  States 
or  of  any  other  organized  government,  because  of  his  or 
their  official  character,  or  who  has  violated  any  of  the  pro- 
visions of  this  Act,  shall  be  naturalized  or  l)e  made  a  citL 
zen  of  the  United  States.  All  courts  and  tribunals  and  all 
judges  and  officers  thereof  having  jurisdiction  of  naturali- 
zation proceedings  or  duties  to  perform  in  regard  thereto 
shall,  on  the  final  application  for  naturalization,  make 
careful  iiuiuirv  into  such  matttn's.  and  before  issuing  the 
final  order  or  certificate  of  naturalization  cause  to  be 
entered  of  record  the  affidavit  of  the  applicant  and  of  his 
witnesses  so  far  as  applica])le,  reciting  and  affirming  the 
truth  of  evei-y  material  fact  reciuisite  for  naturalization. 
All  tinal  orders  and  certificates  of  naturalization  hereafter 
made  shall  show  on  their  face  specifically  that  said  affida- 
vits were  duly  made  and  recorded,  and  all  orders  and  cer- 
tificates that  fail  to  show  such  facts  shall  be  null  and  void. 

Any  p(M'son  who  purposely  ])rocures  natunilization  injjjjjy"*''-^'^*""^'"' 
violation  of  the  provisions  of  this  section  shall  be  fined 
not  more  than  five  thousand  dollars,  or  shall  be  unprisoned 
not  less  than  one  nor  more  than  ten  years,  or  both,  and  the 
court  in   which   such  conviction   is   had   shall  thereupon 

"Section  39  is  given  here  as  part  of  the  law  as  enacted,  but  its  pro- 
visions are  not  now  ailniiuisttTcd  ))>•  the  Burcan  of  Iiuniigration. 


394  BUREAU    OF   IMMIGEATION 

adjudgo  aiul  declare  the  order  or  decree  und  all  certifi- 
cates admitting  such  person  to  citizenship  null  and  void. 
Jurisdiction  is  hereby  conferred  on  the  courts  having- 
jurisdiction  of  the  trial  of  such  otfense  to  make  such 
adjudication. 

An}"  person  who  knowingly  aids,  advises,  or  encourages 
any  such  person  to  apply  for  or  to  secure  naturalization 
or  to  tile  the  preliminary  papers  declaring  an  intent  to 
become  a  citizen  of  the  United  States,  or  who  in  any 
naturalization  proceeding  knowingly  procures  or  gives 
false  testimony  as  to  au}^  material  fact,  or  who  knowingly 
makes  an  affidavit  false  as  to  any  material  fact  required  to 
be  proved  in  such  proceeding,  shall  be  fined  not  more  than 
five  thousand  dollars,  or  imprisoned  not  less  than  one  nor 
more  than  ten  years,  or  both. 

Commissioner-  The  officc  of  commissiouer-general  of  immigration  is 
gration.°   ™      hereby  created  and  established,  and  the  President,  b}'  and 

m'staL,fo85.)  ^^i^'^  tiie  advice  and  consent  of  the  Senate,  is  authorized 

sec.y.   '         and  directed  to  appoint  such  officer,  whose  salary  shall  be 

(28 Stat, 780.)  four  thousand  dollars  per  annum,  payable  monthh'."  The 
commissioner-general  of  immigration  shall  be  an  officer  in 
the  Department  of  Commerce  and  Lal)or,  vuider  the  control 
and  supervision  of  the  Secretary  of  Commerce  and  Labor, 
to  whom  he  shall  make  annual  reports  in  writing  of  the 
transactions  of  his  office,  together  with  such  special 
reports,  in  writing,  as  the  Secretarj^  of  Conmierce  and 
Lal)or  shall  require,  and  in  addition  to  his  other  duties, 

To  administer  yJQj^ii  havc  charge  uudcr  the  Secretary  of  Conuiierce  and 
labor  laws.  Labor  of  the  administration  of  the  alien-contract  labor 
laws. 

Headquarters  The  Sccrctarv  shall  provide  the  commissioner-general 
servi«^!°'^'"""""  with  a  suitably  furnished  office  in  the  city  of  Washington, 
and  with  such  books  of  record  and  facilities  for  the  dis- 
charge of  the  duties  of  his  office  as  may  be  necessary.  He 
shall  have  a  chief  clerk  at  a  salary  of  two  thousand  five 
hundred  dollars  per  annum*  *  *  *  [Personnel  of 
Bureau  changes  from  time  to  time  by  appropriation  acts.] 

To  administer  Hereafter  the  Commissioner-General  of  Innnigration,  in 
Chinese    exeiu-  ^j^j|.j^j^  ^^  j^j^  ^^jj^^.  ^luties,  shall  have  charge  of  the  admin- 

isTskit^^i)  istration  of  the  Chinese  exclusion  law  and  of  the  various 
Acts  regulating  immigration  into  the  United  States,  its 
Territories,  and  the  District  of  Columbia,  under  the  super- 
vision and  direction  of  the  Secretary  of  Coiumerce-and 
Labor. 


sons. 


Excluded  per-  The  following  classcs  of  aliens  shall  be  excluded  from 
'mr.s,mi.  admission  into  the  United  States,  *  *  *  any  person 
IIc.'^l"'''*^'"^  whose  ticket  or  passage  is  paid  for  with  the  money  of 

"One  thousand  dollars  additional  compensation  is  allowed  in  appro- 
priation acts  for  administering  Chinese  exelnsion  laws. 

''Two  hnndred  and  fifty  dollars  additional  compensation  is  allowed 
by  appropriation  acts. 


Sit.  : 


BUREAU    OK    IMMIGRATION  895 

aiiotluM"  *  *  *  unloss  it  is  alliiiuiitivcly  uiid  siitist'ao- 
torily  sliowii  on  sjK>cial  iiuiuirv  (liiit  such  ])('rs()ii  does  not 
hclonyto  '^  *  *  the  class  of  contract  lal>or(M's('xclii(l(Hl 
Itv  the  act  of  February  twent\'-sixtli,  eighteen  lumdrcd  and 
'lohty-tive. 

All  contracts  or  ao-reements,  expressed  or  iiiii)lied,  i)arol  'ontrftetiivbor. 
or  spiM'ial,  Avhlch  may  lier(>after  l)e  made  l)v  and  between  i;ssi<ti.,'ss^.) 
anv  person,  company,  partnership,  or  corporation,  and 
any  foriMunei'  or  foreiiiiiers.  alien  or  aliens,  to  perform 
labor  or  service  or  Inning'  rcdVrenci*  to  the  ])erformance  of 
labor  or  service  by  any  person  in  the  United  States,  its 
Territories,  or  the  District  of  Coknnbia,  previous  to  the 
initiration  or  importation  of  the  person  or  persons  Avhose 
labor  or  service  is  contracted  for  into  the  United  States, 
shall  be  utterly  void  and  of  no  etiect. 

[An  act  to  prohibit  the  imi)ortation  and  innnioration  of    rd'.ss.issr. 

,.    '•  II-  1  t.  4-  i-  ^  {^',  Slat., /,15.) 

torei»«ners  and  aliens  luider  contract  or  agreement  to  per- 
form labor  in  the  United  States,  the  Territories,  aiul  the 
District  of  Columbia,] 

All  persons  included  in  the  prohibition  in  this  act,  upon    *'"•*• 
arrival,  shall  be  sent  ])ack  to  the  nations  to  which  the}^ 
belono'  and  from  whence  they  came. 

In  every  case  where  an  alien  is  excluded  from  admission    Appeni. 
into  the  United  States  luider  any  law  or  treaty  now  exist-    'zs%,it'..  s!>o) 
iiio-  or  hereafter   made,  the  decision  of   the  appropriate 
innnioration  officers,  if  adverse  to  the  admission  of  such 
alien,  shall  be  final,  imless  reversed  on  appeal  to  the  Sec- 
retary of  Conmierce  and  Labor. 

Whenever  it  shall  be  shown  to  the  satisfaction  of  the  ,„lj'^^^;,f  ^^,,'W 
President  that  bv  reason  of  the  existence  of  cholera  orKrationiorquur- 

.1  .     ,.       ,.  •  ,         .  1-  •  i-'  •  i        iintine  purposes. 

other  infectious  or  contat>ious  diseases  m  a  foreign  country  rcb.  u.  isux 
there  is  serious  danger  of  the  introduction  of  the  same  into  .Ivr  T''' ''''"'"' 
the  United  States,  and  that  notwithstanding  the  quarantine 
defense  this  danger  is  so  increased  b}-  the  introduction  of 
persons  or  property  from  such  country  that  a  suspension 
of  the  right  to  introduce  the  same  is  demanded  in  the  inter- 
est of  the  public  health,  the  President  shall  have  power  to 
prohil)it,  in  whole  or  in  part,  the  introduction  of  persons 
and  ])roperty  from  such  countries  or  places  as  he  shall 
designate  and  for  such  period  of  time  as  he  may  deem 
necessary. 

Tht>  commissioners  of  immigration  at  the  several  ports    commissioners 

1      11    1  .  T1         •  1  1  I'll  1    "'  I'liinitjratioii. 

shall  be  appointed  by  the  President,  by  and  with  the  ad-    aikj.  is,  isul. 
vice  and  consent  of  the  Senate,  to  hold  their  offices  for  the    ^''^  '-""•  ^''■'•^ 
term  of  four  years,  unless  sooner  removed,  and  until  their 
successors  are  appointed. 

All  steamship  or  transportation  companies,  and  other  ,j,|^"J^J,'^|'/j|;'J|J,'j:f 
owners  of  vessels,  reofularlv  engaged  in  transporting  alien  taii<iii    <(.in- 
inimigrants  to  the  United  States,  shall  twice  a  year  lile  a'  Mar. s.  ma. 
certihcatc  with  the  Secretary  of  Commerce  and  Labor  that    1|^  •''^"'-  '''"'■'^ 


396  BUREAU    OF    IMMIGRATION 

they  have  furnished  to  ))e  kept  conspicuously  exposed  to 
view  in  the  office  of  each  of  their  agents  in  foreign  coun- 
tries authorized  to  sell  emigrant  tickets,  a  copy  of  the  law 
of  March  third,  eighteen  hundred  and  ninety-one,  and  of 
all  subsequent  laws  of  this  countr}^  relative  to  immigration, 
printed  in  large  letters,  in  the  language  of  the  country 
where  the  copy  of  the  law  is  to  be  exposed  to  view,  and 
that  they  have  instructed  their  agents  to  call  the  attention 
thereto  of  persons  contemplating  emigration  before  selling- 
tickets  to  them;  and  in  case  of  the  failure  for  sixty  days 
of  any  such  company  or  any  such  owners  to  tile  such  a  cer- 
tilicate,  or  in  case  the}^  tile  a  false  certiticate,  they  shall  pay 
a  tine  of  not  exceeding  live  hundred  dollars,  to  be  recovered 
in  the  proper  United  States  court,  and  said  tine  shall  also 
be  a  lien  upon  any  vessel  of  said  company  or  owners  found 
within  the  United  States. 

BertiHon  meas-     So  much  of  the  amount  hereby  appropriated  as  may  be 

"1foj\\' J.W.1     necessary  shall  be  available   for   the   establishment   and 

(S3  Slat.,  1112.)  niaintenance  of  the  Bertillon  system  of  identitication  at  the 

various  ports  of  entry;  but  this  proviso  shall  not  apply 

to  persons  embraced  "in  Article  Three  of  the  t'-eaty  with 

China  of  eighteen  hundred  and  ninetj^-four. 

LAW    PERTAINING   TO    CHINESE    EXCLUSION 

[See  sec.  7,  act  of  February  1-1,  1903,  page  28.] 

Preamble     of     Whereas  the  Government  of  C^hina,  in  view  of  the  an- 
i)ec!8"i894.    "  tagonism  and  much  deprecat(^d  and  serious  disorders  to 

(2s  Stat.,  inu.)  yf\^[f,\'^  ii^f,  presence  of  Chinese  laborers  has  given  ri.se  in 
certain  parts  of  the  United  States,  desires  to  pi-ohibit  the 
emigration  of  such  laborer  from  China  to  the  United 
States; 

And  wiiereas  the  two  Governments  desire  to  cooperate 
in  prohil)iting  such  emigration,  and  to  strengthen  in  other 
ways  the  bonds  of  friendship  between  the  two  coun- 
tries;    *     *     * 

peS'Jff Txciu-     The  High  Contracting  Parties  agree  that  for  a  period  of 
sioii.  ten  vears,  beginning  with  the  date  of  the  exchange  of  the 

Mar.  17,  1891,.  ,.n       ,.   '         '^i  ,i  •    9i  i.-  ^.i  •  4-  1     . 

[28  Stat.,  1210.)  ratihcations  ot  this  Convention,  the  coming,  except  under 
Article  I.        j-jjg  conditions  hereinafter  specified,  of  Chinese  laborers  to 
the  United  States  shall  be  absolutely  prohibited, 
bo^e/"™  "^  ^^'     "^^^  preceding  Article  shall  not  apply  to  the  return  to 
Article II.        the  United  States  of  any  registered  Chinese  laborer  who 
has  a  lawful  wife,  child,  or  parent  in  the  I'nited  States,  or 
property  therein  of  the  value  of  one  thousand  dollars,  or 
debts  of  like  amount  due  him  and  pending  settlement. 
-coiKiitions.      Nevertheless  every  such  Chinese  la])orer  shall,  before  leav- 
ing' the  United  States,  deposit,  as  a  condition  of  his  return, 
with  the  collector  of  customs  of  the  district  from  which 
he  departs,  a  full  description  in  writing  of  his  family,  or 
property,  or  debts,  as  aforesaid,  and  shall  be  furnished  by 
said  collector  with  such  certiticate  of  his  right  to  return 


BUREAU    OF   IMMIGRATION  3i)7 

iin<l(M'  this  TriMty  as  the  laws  of  the  riiitod  Statos  may  now 
or  liorcaftor  prescribe  and  not  inconsistent  with  the  i)ro- 
visions  of  tliis  Ti-eaty;  and  shoidd  tiie  written  (h'scrij)tion 
aforesaid  l)e  proved  to  l)e  false,  the  viuht  of  icturn  there- 
under, or  of  continued  residence*  after  ivturn,  shall  in  each 
case  he  forfeited.  And  such  rioht  of  return  to  the  United  -liinitmion. 
States  shall  he  exercised  within  one  year  from  the  date  of 
leaviuii'  the  United  States;  but  such  riyht  of  retui-n  to  th-e 
United  States  may  ))e  extended  for  an  additional  period, 
not  to  exceed  on(>  year,  in  cases  wIkm'c  l)y  reason  of  sickness 
or  other  cause  of  disability  beyond  his  control,  such  Chinese 
laborer  shall  l»e  riMidered  unal»le  sooner  to  return-  -which 
facts  shall  be  fully  reported  to  thi*  Chinese  consul  at  the 
port  of  departure,  and  l)y  him  certified,  to  the  satisfaction 
of  the  collector  of  the  port  at  which  such  C'hinesc  subject 
shall  land  in  the  Ignited  States.  And  no  such  Chinese _,.ertiHcate. 
laboivr  shall  be  permitted  to  enter  the  United  States  bj' 
land  or  sea  without  producinii"  to  the  proper  officer  of  the 
customs  the  return  certiticate  herein  required. 

The  pi'ovisions  of  this  Coin'ention  shall  not  affect  the    '" civile ged 
riii'ht  at  present  enjoyed  of  Chinese  sul)jects,  ])eing-  officials,    Article  iii. 
teachers.  studiMits,  merchants  or  travellers  for  curiosity  or 
pleasure.  l)ut  not  laborers,  of  coming-  to  the  United  States 
and  residino-  therein.     To  entitle  such  Chinese  subjects  as    ccrtiticates. 
are  above  described  to  admission  into  the  United  States, 
they  ma}'  produce  a  certiticate  from  their  Government  or 
the  Ciovernment  where  they  last  resided  viseed  by  the  diplo- 
matic or  consular  representative  of  the  United  States  in 
the  country  or  port  whence  they  depart. 

It  is  also  agreed  that  Chinese  laliorers  shall  continue  to    Transit  of  la- 
enjoy  the  privilege  of  transit  across  the  territory  of  theTOunu-y"*^'^"''^ 
United  States  in  the  course  of  their  journey  to  or  from 
other  countries  subject  to  such  regulations  by  the  Govern- 
ment of  the  United  States  as  may  be  necessary  to  prevent 
said  privilege  of  transit  from  being  abused. 

In  pursuance  of  Article  ill  of  the  Immigration  Treat}'  iirotwtion  of 
between  the  United  States  and  China,  signed  at  Peking  on  *^''"jt^ieie  iv. 
the  17th  day  of  November,  ISSO  (the  1.5th  day  of  the  tenth 
month  of  Kwanghsii,  sixth  year),  it  is  hereby  understood 
and  agreed  that  Chinese  laborers  or  Chinese  of  any  other 
class,  either  permanently  or  temporarily  residing  in  the 
United  States,  shall  have  for  the  protection  of  their  per- 
sons and  property  all  rights  that  are  given  by  the  laws  of 
the  United  States  to  citizens  of  the  most  favored  nation, 
excepting  the  right  to  become  naturalized  citizens.  And 
the  (iovernment  of  the  United  States  reaffirms  its  obliga- 
tion, as  stated  in  said  Article  III,  to  exert  all  its  power  to 
secure  protection  to  the  persons  and  property  of  all  Chinese 
subjects  in  the  United  States. 

The  (Tovernment  of  the  United  States,  having  bv  an    Registration  of 
Act  of  the  Congress,  approved  May  5,  lSi)2,  as  amended^.'^^;'^'^"' ''''^•''■ 
by  an  Act  approved  November  3,  1898,  re(iuired  all  Chi-    Article  v. 
nese   laborers   lawfully  within  the  limits  of  the  United 
States  before  the  passage  of  the  first-named  Act  to  be  reg- 
istered as  in  said  Acts  provided,  with  a  view  of  aflording 


398  BUREAU    OF    IMMIGRATION 

them  better  protection, 'the  Chinese  Government  will  not 
object  to  the  enforcement  of  such  acts,  and  reciprocally  the 
Government  of  tlie  United  States  recognizes  the  ri^ht  of 
the  Government  of  China  to  enact  and  enforce  similar 
laws  or  regulations  for  the  reg-istration,  free  of  charge,  of 
all  laborers,  skilled  or  unskilled  (not  merchants  as  defined 
b}'  said  Acts  of  Congress),  citizens  of  the  United  States 
in  China,  whether  residing  within  or  without  the  treat}'" 
ports. 
Ri^'P"rt«  '<>  be      And  the  Government  of  the  United  States  agrees  that 
nese*  Govern- within  twelve  months  from  the  date  of  the  exchange  of 
™®"^-  the  ratifications  of  this  Convention,  and  annually,  there- 

after, it  will  furnish  to  the  Government  of  C-hina  regis- 
ters or  reports  showing  the  full  name,  age,  occupation, 
and  number  or  place  of  residence  of  all  other  citizens  of 
the  United  States,  including  missionaries,  residing  both 
within  and  without  the  treaty  ports  of  China,  not  includ- 
ing, however,  diplomatic  and  other  officers  of  the  United 
States  residing  or  traveling  in  China  upon  official  business, 
together  with  their  body  and  household  servants. 
ri(Kio7ex*dusfioit  '^^^^^  Convention  shall  remain  in  force  for  a  period  of  ten 
Article  VI.  vcars  beginning  with  the  date  of  the  exchange  of  ratitica- 
tions,  and  if  six  months  before  the  expiration  of  the  said 
period  of  ten  years  neither  Government  shall  have  form- 
ally given  notice  of  its  final  termination  to  the  other,  it 
shall  remain  in  full  force  for  another  like  period  of  ten  years. 
In  faith  whereof,  we,  the  respective  plenipotentiaries, 
have  signed  this  Convention  and  have  hereunto  affixed  our 
seals. 

Done,  in  duplicate,  at  Washington,  the  17th  dav  of  March, 
A.  D.  1894. 

Walter  Q.  Gresham     [seal.] 
(Chinese  Signature)     [seal.] 

And  whereas  the  said  Convention  has  been  duly  ratified 
on  both  parts,  and  the  ratifications  of  the  two  Governments 
were  exchanged  in  the  city  of  Washington  on  the  7th  da}^ 
of  December,  one  thousand  eight  hundred  and  ninety -four: 
Now,  therefore,  be  it  known  that  I,  Grover  CLE^-ELAND, 
President  of  the  United  States  of  America,  have  caused 
the  said  Convention  to  be  made  public,  to  the  cvxi  that  the 
same  and  every  article  and  clause  thereof,  may  be  observed 
and  fulfilled  with  good  faith  by  the  United  States  and  the 
citizens  thereof. 

In  witness  whereof  I  have  hereunto  set  my  hand  and 
caused  the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington  this  Sth  day  of 

December,  in  the  year  of  our  Lord,  one  thousand 

[seal.]     eight  hundi'ed  and  ninety-four,  and  of  the  ] nde- 

pendence  of  the  United  States  the  one  hundred 

and  nineteenth. 

Grover  Clevp:lani). 
B}'  the  President: 
W.  Q.  Gresham, 

Secretary  of  State. 


lUiRKAU    OK    IMMIOKATION  8UV> 

All  l:i\\s  MOW  in  force  prohihitino-  aiul  reguhitino-  tlu^j,„',','"^'^.^,J,','J,'iJJ^; 
coiniiii^'  ot"  Chiiiosi'  persons,  juid  persons  of  Chinese  de- <;iiino.st-  nsi- 
sciMit,  into  the  United  Stiites,  und  tlie  ivsidenee  of  such' *^'i%*-";.';y.  7.v„,'. 
persons  therein,  inchidin»i'  sections  tive,  six,  seven,  ci^^ht,  [f^.'^l"'-' ^'''-^ 
nine,  ten,  t>leven.  thirteen,  and  fourte(Mi  of  th(»  Act  entitled 
"An  Act  to  ])rohil>it  the  coniiny"  of  Chinese  ial)orers  into  the 
Cnitetl  States"  approved  Si'})tenil)er  thirtciMith,  eit^hteen 
hundred  and  (>ioht\-eiuht.  l>e.  and  the  same  are  hereby, 
re-enacted,  extended,  and  continued  so  far  as  the  same  arc 
not  inconsistent  Avith  treaty  oblij^ations,  until  otherwise 
provided  1)V  hiw,  and  said  laws  sliall  also  apply  to  the  is- 
land territory  under  the  jurisdiction  of  the  United  States, 
and  prohibit  the  immioration  of  Chinese  laI)orers,  not  citi- 
zens of  the  Cnitetl  States,  from  such  ishind  territorv  to 
tlu'  maiidand  territory  of  the  United  States,  Avhether  in 
such  island  tt'rritory  at  th(^  time  of  cession  or  not,  and 
from  oni^  portion  of  the  island  territory  of  the  United 
States  to  another  portion  of  said  island  territorv :  Provided^ 
lunct-rer,  That  said  laws  shall  not  apply  to  the  transit  of 
Chinese  laborers  from  one  island  to  another  island  of  the 
same  ^"roup;  and  any  islands  within  the  jurisdiction  of  any 
State  or  the  District  of  Alaska  shall  be  considered  a  part 
of  the  mainland  under  this  section. 

The  S(H-retary  of  Commerce  and  Labor  is  hereby  author-  agen'ti.'^  "^  '^ "  "^ 
ized  and  empowered  to  make  and  prescribe,  and  from  time  Sec.2. 
to  time  to  chanue,  such  rules  and  regulations  not  incon- 
sistent with  the  laws  of  the  land  as  he  may  deem  necessary 
and  proper  to  execute  the  provisions  of  this  Act  and  of 
the  Acts  hereby  extended  and  continued  and  of  the  treaty 
of  r)eceml)er  eighth,  eighteen  hundred  and  ninety-four,  be- 
tween the  United  States  and  China,  and  with  the  approval 
of  the  President  to  appoint  such  agents  as  he  may  deem 
necessarv  for  the  efficient  execution  of  said  treatv  and  said 
Acts. 

Nothing  in  the  provisions  of  this  Act  or  anv  other  Act    Expositions, 

,      ,,  ,  •  ,    i  J    1   •      1'  J    •    i_*  !•         •         attendance     up- 

snall  be  construed  to  prevent,  hinder,  or  restrict  any  foreign  on. 
exhibitor,  representative,  or  citizen  of  any  foreign  nation,  ^'^■^' 
or  the  holder,  w  ho  is  a  citizen  of  any  foreign  nation,  of 
any  concession  or  privilege  from  any  fair  or  exposition 
authorized  bv  Act  of  Congress  from  bringing  into  the 
United  States,  under  contract,  such  mechanics,  artisans, 
agents,  or  other  employees,  natives  of  their  respective  for- 
eign countries,  as  they  or  any  of  them  may  deem  necessary 
for  the  purpos(>  of  making  })reparation  for  installing  or 
conducting  their exhil)its  or  of  preparing  for  installing  or 
conducting  any  })usiness  authorized  or  permitted  under 
or  l)y  virtue  of  or  pertaining  to  any  concession  or  privilege 
which  may  have  been  or  may  be  granted  by  any  said  fair 
or  exposition  in  connection  with  such  exposition,  under 
such  rules  and  regulations  as  the  Secretary  of  Commerce 
and  Labor  may  prescribe,  both  as  to  the  admission  and 
return  of  such  person  or  persons. 

It  shall, be  the  duty  of  every  Chinese  laborer,  other  than,    certincntionof 
u  citizen,  rightfully  in,  and  entitled  to  remain  in  any  of  "^•«^T 


400  BUKEAU    OB^   IMMIGRATION 

the  insular  territory  of  the  United  States  (Hawaii  excepted) 
at  the  time  of  the  passage  of  this  Act,  to  obtain  within 
one  3'ear  thereafter  a  certificate  of  residence  in  the  insular 
territory  wherein  he  resides,  which  <-ertiticate  shall  entitle 
him  to  residence  therein,  and  upon  failure  to  obtain  such 
certiticate  as  herein  provided  he  shall  be  deported  from 
Registrationin such  insular  territory;  and  the  Philippine  Conunission  is 
Mar^^s^im.     authorized  and  required  to  make  all  regulations  and  pro- 
sfcs!Y3s!^^^'^  visions  necessary  for  the  enforcement  of  this  section  in 
the  Philippine  Islands,  including  the  form  and  substance 
of  the  certificate  of  residence  so  that  the  same  shall  clearlv 
and  sufficiently  identify  the  holder  thereof  and  enable  offi- 
cials to  prevent  fraud  in  the  transfer  of  the  same:  J^ro- 
vkled,  /u)/revei\  That  if  said  Philippine  Conmiission  shall 
find  that  it  is  impossible  to  complete  the  registration  herein 
provided  for  within  one  year  from  the  passage  of  this  Act, 
said  Commission  is  hereby  authorized  and  empowered  to 
extend  the  time  for  such  registration  for  a  further  period 
not  exceeding  one  year. 
Deportation.        Any  Chinese  person  or  person  of  Chinese  descent,  when 
(I?  sfo/f?^".)     convicted  and  adjudged  under  any  of  said  laws  to  be  not 
sec.2.  lawfully  entitled  to  be  or  remain  in  the  United  States,  shall 

be  removed  from  the  United  States  to  China,  unless  he  or 
they  shall  make  it  appear  to  the  justice,  judge,  or  commis- 
sioner before  whom  he  or  they  are  tried  that  he  or  they  are 
subjects  or  citizens  of  some  other  country,  in  which  case  he 
or  the}^  shall  be  removed  from  the  United  States  to  such 
country:  Provided.,  That  in  any  case  where  such  other 
country  of  which  such  Chinese  person  shall  claim  to  l)e  a 
citizen  or  subject  shall  demand  any  tax  as  a  condition  of 
the  removal  of  such  person  to  that  country,  he  or  she 
shall  be  removed  to  China. 
*c-  5.  Any  Chinese  person  or  person  of  Chinese  descent  arrested 

under  the  provisions  of  this  act  or  the  acts  hereby  extended 
shall  be  adjudged  to  be  unlawfully  Avithin  the  United  States 
unless  such  person  shall  establish,  by  affirmative  proof ,  to 
the  satisfaction  of  such  justice,  judge,  or  commissioner,  his 
lawful  right  to  remain  in  the  United  States. 
Seek.  ^' Any  such  Chinese  person  or  person  of  Chinese  descent 

convicted  and  adjudged  to  l>e  not  lawfully  entitled  to  l^eor 
remain  in  the  United  States  shall  lie  imprisoned  at  hard 
labor  for  a  period  of  not  exceeding  one  year  and  thereafter 
removed  from  the  ITnited  States,  as  hereinbefore  provided. 
Hec.  5.  After  the  passage  of  this  act  on  an  application  to  any 

judge  or  court  of  the  United  States  in  the  first  instance  for 
a  writ  of  habeas  corpus,  by  a  Chinese  person  seeking  to 
land  in  the  United  States,  to  whom  that  privilege  has  been 
denied,  no  bail  shall  be  allowed,  and  such  application  shall 
l)e  heard  and  determined  promptly  without  unnecessary 
delay. 

«Sec.  4  was  declared  uiu'onstitutional  in  case  of  Wong  Wing  v. 
United  States,  163  U.  S.,  228. 


BUREAU    OF    IMMIORATION  401 

It  shall  bo  the  dutv  of  all  Chinese  lalK)ivrs  within  tho ,  f'rtiiicationof 
Innits  ot  the  rnitoa  States  wlio  were  entitled  to  reinani  m  >'<•. «. 
the  Ignited  States  before  the  passa.oe  of  the  aet  to  wliieh,,,  ww.'"'"'  '"'■ 
this  is  an  amendment  to  apply  to  the  eollector  of  internal  '^I'^'l"'"''^ 
revenue  of  their  respective  districts  within  six  months 
after  the  passage  of  this  act  for  a  ccrtiticate  of  residence; 
and  any  Chinese  laborer  within  the  limits  of  the  United 
States  who  shall  ne<>loct,  fail,  or  refuse  to  comply  with  the 
provisions  of  this  act  and  the  act  to  which  this  is  an  amend- 
ment, or  who,  after  the  expiration  of  said  six  months,  shall 
be  found  within  the  jurisdiction  of  the  United  States  with- 
out such  certificate  of  i-(\sidence,  shall  be  deemed  and 
adjudo'ed  to  be  unlawfully  within  the  United  States,  and 
may  be  arrested  by  any  such  officers  under  the  control  of 
the  Commissioner-Cireneral  of  Immigration,  as  the  Secre- 
tiiry  of  Commerce  and  Labor  may  desionate,"  United  States 
marshal  or  his  deputies,  and  taken  before  a  United 
States  judcro,  whose  duty  it  shall  be  to  order  that  he  be 
deported  from  the  United  States,  as  provided  in  this  aet 
and  in  the  act  to  which  this  is  an  amendment,  unless  he 
shall  establish  clearly  to  the  satisfaction  of  said  judge 
that  by  reason  of  accident,  sickness,  or  other  unavoidable 
cause  he  has  been  unable  to  pi'ocure  his  certificate,  and  to 
the  satisfaction  of  said  L'nited  States  judge,  and  by  at 
least  one  credible  witness  other  than  Chinese,  that  he  was 
a  resident  of  the  United  States  on  the  fifth  of  May,  eight- 
een hundred  and  ninety-two;  and  if,  upon  the  hearing,  it 
shall  appear  that  he  is  so  entitled  to  a  certificate,  it  shall 
be  granted  upon  his  pacing  the  cost.  Should  it  appear 
that  said  Chinaman  had  procured  a  certificate  which  has 
been  lost  or  destroyed,  he  shall  be  detained  and  judgment 
suspended  a  reasonable  time  to  enfible  him  to  procure  a 
duplicate  from  tluM)thcer granting  it.  and  in  such  cases  the 
cost  of  said  arrest  and  trial  shall  l)e  in  the  discretion  of  the 
court;  and  any  Chinese  person,  other  than  a  Chinese 
laborer,  having  a  right  to  be  and  remain  in  the  United 
States,  desiring  such  certificate  as  evidence  of  such  right, 
may  apply  foi-  and  receive  the  saiue  without  chai'ge;  and 
that  no  proceedings  for  a  violation  of  the  provisions  of  said 
section  six  of  said  act  of  May  tifth,  eighteen  hundred  and 
ninety-two,  as  oiiginally  enacted,  shall  hereafter  l)e  insti- 
tuted, and  that  all  pi'oceedings  for  said  violation  now  pend- 
ing are  herei)y  discontinued:  Pi'orhhtl^  That  no  Chinese 
person  heretofore  convicted  in  any  court  of  the  States  or 
Territories  or  of  the  United  States  of  a  felony  shall  be  per- 
mitted to  register  under  the  provisions  of  this  act;  but  all 
such  persons  who  ar(^  now  subject  to  deportation  for  failure 
or  refusal  to  comply  with  the  act  to  which  this  is  an  amend- 
ment shall  be  deported  from  the  l'nited  States  as  in  said 
act  and  in-  this  act  pi'ovided,  upon  any  approi)iiate  pro- 
ceedings now  pending  or  which  may  be  hereafter  instituted. 

"  Departnieiit  circular  Xo.  5,  July  27,  1903,  devolves  this  duty  upon 
certain  immigration  ofllcers.     (See 'Act  of  Feb.  14, 1903,  sec.  7,  page  28. ) 

27628—04 26 


402 


BUREAU    OF   IMMIGRATION" 


"Laborer." 
Xoi'.  3,  1893. 
(28  Stat.,  8.) 
Sec.  2. 


'Merchant. 


Order  of  depor- 
tation. 


Photograph. 


Regulations. 

Mail  5,  1892. 
(•27  Siat.,  26.) 
Sec.  7. 


The  words  "laborer"  or  "laborers,"  wherever  used  in 
this  act,  or  in  the  act  to  which  this  is  an  amendment,  shall 
be  construed  to  mean  both  skilled  and  unskilled  manual 
laborers,  including  Chinese  emplo3"ed  in  mining,  fishing, 
huckstering,  peddling,  laundr^mien,  or  those  engaged  in 
taking,  drying  or  otherwise  preserving  shell  or  other  tish 
for  home  consumption  or  exportation. 

The  term  "merchant",  as  employed  herein  and  in  the 
acts  of  which  this  is  amendatory,  shall  have  the  following 
meaning  and  none  other:  A  merchant  is  a  person  engaged 
in  bu3'ing  and  selling  merchandise,  at  a  fixed  place  of  busi- 
ness, which  business  is  conducted  in  his  name,  and  who 
during  the  time  he  claims  to  be  engaged  as  a  merchant, 
does  not  engage  in  the  performance  of  any  manual  labor, 
except  such  as  is  necessary  in  the  conduct  of  his  business 
as  such  merchant. 

Where  an  application  is  made  by  a  Chinaman  for  entrance 
into  the  United  States  on  the  ground  that  he  was  formerly 
engaged  in  this  countr}-  as  a  merchant,  he  shall  establish 
by  the  testimony  of  two  credible  witnesses  other  than 
Chinese  the  fact  that  he  conducted  such  business  as  here- 
inbefore defined  for  at  least  one  yenv  before  his  departure 
from  the  United  States,  and  that  during  such  year  he  Avas 
not  engaged  in  the  performance  of  any  manual  labor, 
except  such  as  was  necessary  in  the  conduct  of  his  busi- 
ness as  such  merchant,  and  in  default  of  such  proof  shall 
be  refused  landing. 

Such  order  of  deportation  shall  ])e  executed  1>3'  the 
United  States  Marshal  of  the  district  within  which  such 
order  is  made,  and  he  shall  execute  the  same  with  all  con- 
venient dispatch;  and  pending  the  execution  of  such  order 
.such  Chinese  person  shall  remain  in  the  custody  of  the 
United  States  Marshal,  and  shall  not  be  admitted  to  bail. 

The  certificate  herein  provided  for  shall  contain  the 
photograph  of  the  applicant,  together  Avith  his  name, 
local  residence  and  occupation,  and  a  copy  of  such  certi- 
ficate, with  a  duplicate  of  such  photograph  attached,  shall 
be  filed  in  the  office  of  such  officers  under  the  control  of 
the  Commissioner-(ileneral  of  Immigration  as  the  Secre- 
tary of  Commerce  and  Lalior  may  designate  of  the  district 
in  which  such  Chinaman  makes  application. 

Such  photographs  in  duplicate  shall  l)e  furnished  by  each 
applicant  in  such  form  as  may  be  prescribed  by  the  Secre- 
tar}'  of  Commerce  and  Labor. 

The  Secretary  of  Commerce  and  Labor  shall  make  such 
rules  and  regulations  as  may  be  necessary  for  the  efficient 
execution  of  this  act,  and  shall  prcscri])e  the  necessary 
forms  and  furnish  the  necessary  blanks  to  enable  such 
oflficers  under  the  control  of  the  Commissioner-General  of 
Immigration  as  the  Secretary  of  Commerce  and  Labor 
may  designate  to  issue  the  certificates  required  hereby, 
and  make  such  provisions  that  certificates  ma}'  be  pro- 
cured in  localities  convenient  to  the  applicant.     Such  cer- 


BURKATT    (»K    IMMIOKATION  408 

titicatos  shiill  ho  issued  Avithout  cliai-u-o  to  the  iipi)lic:iiit, 
iiiul  .'^liiill  contain  tlio  nanio,  aj^-e,  local  residence  and  occu- 
pation of  the  applicant,  and  .such  other  description  of  the 
appiieant  as  shall  bo  prescribed  b}-  the  Secretar}-  of  Com- 
merce and  Labor,  and  a  duplicate  thereof  shall  be  tiled  in 
the  ofKcc  of  .such  ofticers  under  the  control  of  the  C'om- 
missioner-Oeneral  of  Inuuio-ratiou  as  the  Secretary  of 
C'onnnerce  and  Labor  may  desioiiate  for  the  district  within 
which  such  Chinaman  makes  ai)plication. 

Any  person  who  shall  knowinolv  and  falsely  alter  or  i''<'rK<«i  wnui 
sut)stitute  any  naiue  for  the  namt^  written  in  such  certili-  'sc'r.s. 
cate  or  forji'e  such  certiticate,  or  knowingly  utter  any 
foro-ed  or  fraudulent  certificate,  or  falsely  personate  an}' 
per.son  named  in  such  certificate,  shall  be  g'uilty  of  a  mis- 
demeanor, and  upon  conviction  tiiereof  shall  be  fined  in  a 
sum  not  exce(Hling"  one  thousand  dollars  or  imprisoiunl  in 
the  penitentiary  for  a  term  of  not  mor(>  than  five  years. 

Collectors  of  internal  reveiuie  shall  not  receive  any  fee    Fees  not  ni- 
or  other  compensation  for  the  registration  and   issuance  "dw.>,  is:i.j. 
of  certificates  of  residence  to  Chinese  laborers  who  arc    ^E.^'^''im'^ 
entitled  to  remain  in  the  L^nited  States  under  the  provi-    {2skat.,5si.) 
sions  of  the  said  laws. 

It  shall  l)e  lawful  for  the  district  attorney  of  the  district    ^/'^f^'wo/. 
in  which  any  Chinese  person  may  l)e  arrested  for  beinj>-    {si  kut.,  luus.) 
found  unlawfully  within  the  United  States,  or  having-  un- 
lawfully entered  the  United  States,  to  designate  the  I'uited 
States  conmiissioner  within  such  district  before  whom  such 
Chinese  person  shall  be  taken  for  hearing. 

A   United   States   conmiissioner    .shall    be   entitled   to    *''~- 
receive  a  fee  of  five  dollars  for  hearing  and  deciding  a 
case  arising  under  the  Chinese-exclusion  laws. 

No  warrant  of  arrest  for  violations  of  the  Chinese-  *<"-5- 
exclusion  laws  shall  lie  issued  by  United  States  commis- 
sioners excepting  upon  the  sworn  complaint  of  a  United 
States  district  attorney,  assistant  United  t^tates  district 
attorney,  such  officers  under  the  control  of  the  Commis- 
sioner-General of  Immigration  as  the  Secretary  of  Com- 
merce and  Labor  may  designate.  United  States  marshal, 
or  deputy  United  States  marshal,  or  Chinese  inspector, 
unless  the  issuing  of  such  warrant  of  arrest  shall  tirst  be 
ap])roved  or  requested  in  writing  by  the  United  States 
district  attorney  of  the  di.strict  in  which  i.ssued. 

From  and  after  the   passage  of  this   act,  no   Chinese    Return  of  la- 
lal)orer  in  the  L'nited  States  shall  be  permitted,  after  hav-  '%epi  is,  isss. 
ing  left,  to  return  thereto,  except  under  the  conditions    ^1*5"'"' *^^"^ 
stated  in  the  following  sections. 

No  Chinese  laborer  within  the  purview  of  the  preceding  •'^'"■-  «• 
section  shall  be  permitted  to  return  to  the  United  States 
uidcss  he  has  a  lawful  wife,  child,  or  parent  in  the  United 
States,  or  projiertv  therein  of  tlu>  value  of  one  thousand 
dollars,  or  debts  of  like  amount  du(^  him  and  pending  set- 
tlement. The  marriage  to  such  wife  must  have  taken  ])lace 
at  least  a  year  prior  to  the  application  of  the  laborer  for 


404  BUREAU    OF   IMMIGRATION 

a  permit  to  return  to  the  United  States,  and  must  have 
y)een  followed  ])v  the  continuous  cohabitation  of  the  right 
parties  as  man  and  wife.  If  the  right  to  return  be  claimed 
on  the  ground  of  propert}'  or  of  debts,  it  must  appear  that 
the  property  is  bona  fide  and  not  colorably  acquired  for 
the  purpose  of  evading  this  act,  or  that  the  del)ts  are  unas- 
certained and  unsettled,  and  not  promissory  notes  or  other 
similar  acknowledgements  of  ascertained  liability. 

laontificatiou      ^  Chinese  person  claiming  the  right  to  be  permitted  to 
borlr."'^""^^    ^  leave  the  United  States  and  return  thereto  on  any  of  the 

Sec.  7.  grounds  stated  in  the  foregoing  section,  shall  appl}^  to  such 

officer  under  the  control  of  the  Commissioner-(7eneral  of 
Inmiigration  as  the  Secretary  of  Commerce  and  Labor  may 
designate  of  the  district  from  which  he  wishes  to  depart 
at  least  a  month  prior  to  the  time  of  his  departure,  and 
shall  make  on  oath  before  the  said  officer  a  full  statement 
descriptive  of  his  family,  or  property,  or  debts,  as  the  case 
may  be,  and  shall  furnish  to  said  officer  such  proofs  of  the 
facts  entitling  him  to  return  as  shall  be  required  by  the 
rules  and  regulations  prescril)ed  from  time  to  time  by 
the  Secretary  of  Connnerce  and  Lal)or,  and  for  any  false 
swearing  in  relation  thereto  he  shall  incui*  the  penalties  of 
perjur}".  He  shall  also  permit  such  officer  to  take  a  full 
description  of  his  person,  which  description  such  officer 
shall  retain  and  mark  with  a  number. 
return"'*'^  °^  And  if  such  officcr  under  the  control  of  the  Commis- 
sioner-General of  Immigration  as  the  Secretary  of  Com- 
merce and  Labor  may  designate,  after  hearing  the  proofs 
and  investigating  all  the  circumstances  of  the  case,  shall 
decide  to  issue  a  certificate  of  return,  he  shall  at  such  time, 
and  place  as  he  may  designate,  sign  and  give  to  the  person 
applying  a  certificate  containing  the  number  of  the  de- 
scription last  aforesaid,  which  shall  be  the  sole  evidence 
given  to  such  person  of  his  right  to  return.  If  this  last 
named  certificate  be  transferred,  it  shall  become  void,  and 
the  person  to  whom  it  was  given  shall  forfeit  his  right  to 
return  to  the  United  States. 

The  right  to  return  under  the  said  certificate  shall  be 
limited  to  one  year;  Init  it  may  be  extended  for  an  addi- 
tional period,  not  to  exceed  a  year,  in  cases  where,  1)y  rea- 
son of  sickness  or  other  cause  of  disability  beyond  his 
control,  the  holder  thereof  shall  be  rendered  unable  sooner 
to  return,  which  facts  shall  be  fully  reported  to  and  inves- 
tigated by  the  consular  representative  of  the  United  States 
at  the  port  or  place  from  which  such  laborer  departs  for 
the  United  States,  and  certified  by  such  representative  of 
the  United  States  to  the  satisfaction  of  such  officers  under 
the  control  of  the  Commissioner-Ceneral  of  Innnigration 
as  the  Secretary  of  Connnerce  and  Labor  may  designate 
at  the  port  W'here  such  Chinese  person  shall  seek  to  land 
in  the  United  States,  such  certi=ficate  to  be  delivered  by 
said  representative  to  th(^  master  of  the  vessel  on  which 
he  departs  for  the  United  States. 


BUREAU    OF    IMMIGRATION  405 

And  no Chinoso  hil)i)rcr  sliall  he  peiniitti'd  to  ro-entci-  the 
rnitod  States  without  ])rodu('ino- to  siu-h  otticcr  under  the 
control  of  the  C'oniniis.sioner-CJeiieral  of  Innniiiratiou  as 
the  iSoeretary  of  C'onnnoroe  and  Labor  may  desionate  at 
tho  port  of  sueh  entry  the  return  eertitieate  lierein  required. 
A  C'hines(>  hihorer  possessiuo-  a  etM-titicate  under  this  sec- 
tion siiall  l)c  admitted  to  the  United  States  only  at  the  port 
from  which  he  departed  therefrom,  and  no  Chinese  j)ersoh, 
except  C'hini^se  dipk)matic  or  consuhir  officers,  and  their 
attendants,  shall  be  p(>rmitted  to  enter  the  United  States 
except  at  the  ports  of  San  Francisco,  Portland,  Oregon, 
Boston,  New  York,  New  Orleans,  Port  Townseud,  or  sucn 
other  ports  as  may  be  desig-nated  bj''  the  Secretar}'  of 
Conunercc  and  Labor. 

The  Secretary  of  Commerce  and  Labor  shall  be,  and  he  KeKnbitions 
hereby  is.  authorized  and  empowered  to  make  and  pre- ""syr.""'"^' 
scribe,  and  from  time  to  time  to  chang'e  and  amend  such 
rules  and  regulations,  not  in  conflict  with  this  act,  as  he 
may  tleem  necessary  and  proper  to  convenienth'  secure  to 
such  Chinese  persons  as  are  provided  for  in  articles  second 
and  third  of  the  said  treat}"  between  the  United  States  and 
the  Empire  of  China,  the  rights  therein  mentioned,  and 
such  as  shall  also  protect  the  United  States  against  the 
coming  and  transit  of  persons  not  entitled  to  the  benefit 
of  the  provisions  of  said  articles. 

And  he  is  hereby  further  authorized  and  empowered  to 
prescribe  the  form  and  substance  of  certiticates  to  be  is- 
sued to  Chinese  laborers  under  and  in  pursuance  of  the 
provisions  of  said  articles,  and  prescribe  the  form  of  the 
record  of  such  certificate  and  of  the  proceedings  for  issu- 
ing the  same,  and  he  may  require  the  deposit,  as  a  part  of 
such  record,  of  the  photograph  of  the  party  to  whom  any 
such  certificate  shall  be  issued. 

Tiie  master  of  any  vessel  wdio  shall  knowingly  bj-ing .  Master  imid- 
within  the  United  States  on  sirch  vessel,  and  land,  or '"sec.  y.'"^'^*^' 
attempt  to  land,  or  permit  to  be  landed  any  Chinese  laborer 
or  other  Cldnese  person,  in  contravention  of  the  provisions 
of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor  and, 
on  conviction  thereof,  shall  be  puiushed  with  a  tine  of  not 
less  than  five  hundred  dollars  nor  more  than  one  thousand 
dollars,  in  the  discretion  of  the  court,  for  every  Chinese 
lal)orer  or  other  Chinese  person  so  ])rought,  and  ma}^  also 
be  imprisoned  for  a  term  of  not  less  than  one  year,  nor 
more  than  five  years,  in  the  discretion  of  the  court. 

The  foregoing  section  shall  not  apply  to  the  case  of  any  *'^-  ^^• 
master  whose  vessel  shall  come  within  the  jurisdiction  of 
the  United  States  in  distress  or  under  stress  of  weather,  or 
touching  at  any  port  of  the  United  States  on  its  voyage  to 
any  foreign  port  or  place.  But  Chinese  laborer.^  or  persons 
on  such  vessels  shall  not  l)e  permitted  to  land,  except  in 
case  of  necessity,  and  must  depart  with  the  vessel  on  leav- 
ing port. 

Any  person  who  shall  knowingly  and  falsely  alter  or  sub-  Jorgingcertifi- 
stitute  any  name  for  th(»  name  written  in  anv  certificate    scc.n. 


406 


BUREAU    OF   IMMIGEATION 


Deportation. 
,Sec.  :.-;. 


Procedure. 


herein  required,  or  forge  .such  certilicate,  or  knowing'ly 
utter  an}"  forged  or  fraudulent  eertifieate,  or  falsel}-  per- 
sonate any  person  named  in  an}"  such  certiticate,  and  any 
person  other  than  the  one  to  whom  a  certificate  was  issued 
who  shall  falsely  present  any  such  certiticate,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  in  a  sum  not  exceeding  one  thousand 
dollars,  and  imprisoned  in  a  penitentiary  for  a  term  of  not 
more  than  five  years. 

Any  Chinese  person,  or  person  of  Chinese  descent,  found 
unlawfully  in  the  United  States,  or  its  Territories,  may  be 
arrested  upon  a  warrant  issued  upon  a  complaint,  under 
oath,  filed  by  any  party  on  behalf  of  the  United  States,  by 
any  justice,  judge,  or  commissioner  of  any  United  States 
court,  returnable  l^efore  any  justice,  judge,  or  commis- 
sioner of  a  United  States  court,  or  before  any  United  States 
court,  and  when  convicted,  upon  a  hearing,  and  found  and 
adjudged  to  be  one  not  lawfully  entitled  to  be  or  remain  in 
the  United  States,  such  person  shall  be  removed  from  the 
United  States  to  the  country  whence  he  came. 

But  any  such  Chinese  person  convicted  before  a  commis- 
sioner of  a  United  States  court  may,  within  ten  days  from 
such  conviction,  appeal  to  the  judge  of  the  district  court 
for  the  district. 

A  certified  copy  of  the  judgment  shall  be  the  process 
upon  which  said  removal  shall  be  made,  and  it  may  be 
executed  l>vthe  marshal  of  the  district,  or  any  officer  hav- 
ing authority  of  a  marshal  under  the  provisions  of  this 
section. 

And  in  all  such  cases  the  person  who  brought  or  aided 
in  1)rlnging  such  person  into  the  United  States  .shall  be 
liable  to  the  Government  of  the  United  States  for  all  neces- 
sary expenses  incurred  in  such  investigation  and  removal; 
and  all  peace  officers  of  the  several  States  and  Territories 
of  the  United  States  are  hereby  invested  with  the  same 
authority  in  reference  to  carrying  out  the  provisions  of  this 
act,  as  a  marshal  or  deputy  mar.shal  of  the  United  States, 
and  shall  be  entitled  to  like  compensation,  to  be  audited 
and  paid  by  the  same  officers. 

The  preceding  sections  shall  not  apply  to  Chinese  diplo- 
■""matic  or  consular  officers  or  their  attendants,  who  shall  be 
admitted  to  the  United  States  under  special  instructions 
of  the  Department  of  Commerce  and  Labor,  without  pro- 
duction of  other  evidence  than  that  of  personal  identity. 
Chinese    ex-     Froui  and  after  the  passage  of  this  act,  and  until  the 
^  "/cu/ff,  1S82.      expiration  of  ten  years  next  after  the  passage  of  this  act, 
i^ifX'amnid-  th©  comiug  of  Chinese  laljorers  to  the  United  States  l)e,  and 
edJidys,  issi..    the  Same  is  hereby,  suspended,  and  during  such  suspension 
it  shall  not  be  lawful  for  any  Chinese  laborer  to  come  from 
any  foreign  port  or  place,  or  having  so  come  to  remain 
within  the  United  vStates. 
master's''''^  "^     The  master  of  any  vessel  who  shall  knowingly  bring 
si'c.s.asavicnd-  within  the  United  States  on  such  vessel,  and  land,  or  attempt 
^^sstat/m.)    to  land,  or  permit  to  be  landed  any  Chinese  laborer,  from 


Diplomatic  of 
flcer.s   and 
suls. 

Sec.  lU. 


(2SiStat.  115.) 


BUREAIT    OF   IMMIGKATION  4U7 

any  foivion  port  or  i)l;u-o,  shall  ho  (Uhm)khI  ouiUy  of  a 
inisdonieaMor.  and  on  convirtion  tluMvof  shall  he  punished 
hy  a  Hne  of  not  more  than  IInc  hundrod  dollars  for  each 
and  every  siuli  Chinese  laborer  so  hrout,'iit,  and  nia\'  also 
he  inii)risoned  for  a  term  not  exeeedin^-  one  yeai-. 

In  order  to  tiie  faithful  exeeution  of  the  i)ro\isions  of  this .  ocrtincnio  of 
aet,  every  v  Iniu'se  person.  otlKn-  than  a  laborer,  who  may  sn:i;,„x,u„<i,<i- 
he  entitled  l)y  said  treaty  or  this  aet  to  eome  within  tlii' ''[fs^aLnf.) 
Tnited  States,  and  who  shall  l)e  about  to  eome  to  the 
L'nited  States,  shall  ol)tain  the  permission  of  and  be  iden- 
titied  as  so  entitled  by  the  Chinese  Government,  or  of  such 
other  foreion  Government  of  which  at  the  time  such 
Chinese  person  shall  be  a  su))jeet,  in  each  ease  to  l)e  evi- 
deneed  ])V  a  eertiHcate  issued  l)v  such  Government,  which 
certitieate  shall  l)e  in  tlu^  En>ilish  lano-ua>>'e,  and  shall  show 
such  permission,  with  the  name  of  the  permitted  pei'son  in 
his  or  her  })ropei'  siuiiature,  and  which  eertiticate  shall 
state  the  individual,  family,  and  tribal  name  in  full,  title 
or  ofHeial  rank,  if  any,  the  ag'e,  height,  and  all  physical 
peeuliariti(vs,  former  and  present  occupation  or  profession, 
when  and  where  and  how  long-  pursued,  and  place  of  resi- 
dence of  the  person  to  whom  the  certificate  is  issued,  and 
that  such  person  is  entitled  bv  this  act  to  come  within  the 
United  States. 

If  the  person  so  applyino-  for  a  certificate  shall  be  a  mer- 
chant, said  eertiticate  shall,  in  addition  to  al)ove  recpiire- 
ments,  state  the  nature,  charaeter,  and  estimated  value  of 
the  business  carried  on  by  him  prior  to  and  at  the  time  of 
his  application  as  aforesaid: 

Pronded,  That  nothing-  in  this  act  nor  in  said  treat}^  shall    "  ^lerciiiuit." 
be  construed  as  embracing- w'ithin  the  meaning"  of  the  word 
"merehant."  hucksters,  peddlers,  or  those  engaged  in  tak- 
ing, drying,  or  otherwise  preserving  shell  or  other  fish  for 
home  consumption  or  exportation. 

If  the  certihcate  l)e  sought  for  the  purpose  of  travel  for    Tourists. 
curiosity,  it  shall  also  state  whether  the  applicant  intends 
to  pass  through  or  travel  within  the  United  States,  together 
with  his  hnancial  standing  in  the  country  from  w  hich  such 
certificate  is  desired. 

The  certificate  pi'ovided  for  in  this  act,  and  the  identity 
of  the  person  named  therein  shall,  before  such  person  goes 
on  board  anv  vessel  to  proceed  to  the  United  States,  be 
vised  by  the  endorsement  of  the  diplomatic  representative 
of  the  United  States  in  the  foreign  country  from  which  said 
eertiticate  issues,  or  of  the  consular  representative  of  the 
United  States  at  the  poit  or  place  from  which  the  person 
named  in  the  certificate  is  about  to  depart;  and  such  diplo- 
matic representative  or  consular  representative  whose  i>i- 
dorsement  is  so  recpiired  is  hereby  empowered,  and  it  shall 
be  his  dut}',  before  indorsing  such  certificate  as  aforesaid, 
to  examine  into  the  truth  of  the  statement  set  forth  in 
said  certificate,  and  if  he  shall  find  u[)on  (\\amination  that 
said  or  any  of  the  statements  therein  contained  are  untrue 
it  shall  be  his  dutv  to  refuse  to  indorse  the  same. 


408  BUKEAU    OF    IMMIGKATION 

Such  certificate  vised  as  aforesaid  shall  be  prinui  facie  evi- 
dence of  the  facts  set  forth  therein,  and  shall  be  produced 
to  such  officer  under  the  control  of  the  Commissioner- 
General  of  Immigration  as  the  Secretary  of  Commerce 
and  Labor  may  designate  of  the  port  in  the  district  in  the 
United  States  at  which  the  person  named  therein  shall 
arrive,  and  afterward  produced  to  the  proper  authorities 
of  the  United  States  whenever  lawfully  demanded,  and 
shall  be  the  sole  evidence  permissible  on  the  part  of  the  per- 
son so  producing  the  same  to  establish  a  right  of  entry  into 
the  United  States;  but  said  certificate  may  be  controverted 
and  the  facts  therein  stated  disproved  by  the  United  States 
authorities. 

Forging  certif-     Any  person  who  shall  knowingl}'  and  falsel}'  alter  or  sub- 

sec.  7.  stitute  any  name  for  the  name  written  in  such  certificate  or 

forge  any  such  certificate,  or  knowingl}'  utter  any  forged 
or  fraudulent  certificate,  or  falsely  personate  any  person 
named  in  any  such  certificate,  shall  be  deemed  guilty  of  a 
misdemeanor;  and  upon  conviction  thereof  shall  be  fined 
in  a  sum  not  exceeding  one  thousand  dollars,  and  impris- 
oned in  a  penitentiary  for  a  term  of  not  more  than  five  years. 

Passenger  list.      The  master  of  any  vessel  arriving  in  the  United  States 
eajuiy5^im.'^''iYom  any  foreign  port  or  place  shall,  at  the  same  time  he 

(^sstauw.)  delivers  a  manifest  of  the  cargo,  and  if  there  l)e  no  cargo, 
then  at  the  time  of  making  a  report  of  the  entry  of  the 
vessel  pursuant  to  law,  in  addition  to  the  other  matter 
required  to  be  reported,  and  before  landing,  or  permitting 
to  land,  any  Cliinese  passengers,  deliver  and  report  to  such 
officer  under  the  control  of  the  Commissioner-General  of 
Inunigration  as  the  Secretary  of  Connnerce  and  Lat)or 
may  designate  of  the  district  in  which  such  vessels  shall 
have  arrived  a  separate  list  of  all  Chinese  passengers 
taken  on  board  his  vessel  at  any  foreign  port  or  yjlace,  and 
all  such  passengers  on  board  the  vessel  at  that  time. 

Such  list  shall  show  the  names  of  such  passengers  (and 
if  accredited  officers  of  the  Chinese  or  of  any  other  foreign 
Government,  traveling  on  the  business  of  that  Govern- 
ment, or  their  servants,  with  a  note  of  such  facts),  and  the 
names  and  other  particulars  as  shown  ])y  their  respective 
certificates;  and  such  list  shall  be  sworn  to  by  the  master 
in  the  manner  required  by  law  in  relation  to  the  manifest 
of  the  cargo. 

Any  refusal  or  wilful  neglect  of  any  such  master  to  com- 
ply with  the  provisions  of  this  section  shall  incur  the  same 
penalties  and  forfeiture  as  are  provided  for  a  refusal  or 
neglect  to  report  and  deliver  a  manifest  of  the  cargo. 

Before  any  Chinese  passengers  are  landed  from  any  such 
vessel  such  oflScers  under  the  control  of  the  Commissioner- 
General  of  Immigration  as  the  Secretary  of  Commerce 
and  Labor  may  designate  shall  proceed  to  examine  such 
passengers,  comparing  the  certificates  with  the  list  and 
with  the  passengers;  and  no  passenger  shall  be  allowed  to 
land  in  the  United  States  from  such  vessel  in  violation  of  law. 


Sec.  9. 


BUREAU    OF    IMMIGRATION  409 

Evcrv  vossol  whose  master  shall  kiiowiiiolv  violate  aiiv  of   •^v;w,asa/«oK<- 
1  ■   ■   •  i-  ii  •         i     I     II  I       I  1    ;■      <•   •      1       •   1     <d  Jitiii a,  isx/,. 

tiie  i)rovisioiis  ot   this  act  shall  he  (leeined  torteited  to  the    (t3kat.,in.) 

I'nited  States,  and  shall  he  liahU^  to  seizure  and  eoiideni- 

iiation  ill  any  district  of  the  United  States  into  which  such 

vessel  may  enter  or  in  which  she  may  be  found. 

Any  person  who  shall  knowingly  brino-  into  or  cause  to  be  nJ^""'''"*-'    " '"' 
brouuht  into  the  Tiiited  Statt's  by  land,  or  who  shall  aid  or  !<<<:ii.<t'<nm<„<i- 
al)et  the  same,  or  aid  or  abet  the  landino-  in  the  Tnited  States  "'ij>'3'itaL,^iii.) 
from  any  vessel,  of  any  Chines(>  p(M-son  not  lawfully  entitled 
toenter  the  Tnited  States,  shall  be  deemed  ouilty  of  a  misde- 
meanor, and  shall  on  conviction  thereof,  l)e  tiiied  in  a  sum 
not  exceeding;-  one  thousand  dollars,  and  imprisoned  for  a 
term  not  excecdinj*'  one  year. 

No  Chinese  person  shall  be  permitted  to  enter  the  United  ^^j-\~ •'["'!'! V"^' 

,  1        1        1        -yj         .  1       •  ii  ,!•  ea  juui  o,lss.',. 

States  by  land  without  producing-  to  the  proper  otfacer  ot    (^shtat.,  m.) 
customs  the  certificate  in  this  act  required  of  Chinese  per- 
sons seekino-  to  land  from  a  vessel. 

And  ;iny  Chinese  person  found  unlawfully  within  the  Deportntion. 
United  States  shall  be  caused  to  be  removed  therefrom  to 
the  country  from  whence  he  came,  and  at  the  cost  of  the 
United  States,  after  ))eino-  brouo-ht  ])efore  some  justice, 
judoe,  or  commissioner  of  a  coui't  of  the  Ignited  States 
and  found  to  be  one  not  lawfully  entitled  to  be  or  to  remain 
in  the  United  States. 

And  in  all  such  cases  the  person  who  brought  or  aided  Aiding  entry. 
in  bringino-  such  person  to  the  United  States  shall  l)e  lial)le 
to  the  Government  of  the  United  States  for  all  necessary 
expenses  incurred  in  such  investigation  and  removal;  and 
all  peace  officers  of  the  several  States  and  Territories  of 
the  United  States  are  herein'  invested  with  the  same 
authority  as  a  marshal  or  United  States  marshal  in  refer- 
ence to  carrying  out  the  provisions  of  this  act  or  the  act  of 
which  this  is  amendatory,  as  a  marshal  or  deput^^  marshal 
of  the  United  States,  and  shall  l)e  entitled  to  like  compen- 
sation to  be  audited  and  paid  by -the  same  officers. 

And  the  United  States  shall  pay  all  costs  and  charges    cost  of  depor 
for  the  maintenance  and  return   of  any  Chinese  person  ^''^""'■ 
having  the  certiticate  prescribed  l)y  law  as  entitling  such 
Chinese  i)erson  to  come  into  the  l*  nited  States  who  may 
not  liave  been  permitted  to  land  from  any  vessel  b}-  reason 
of  any  of  the  provisions  of  this  act. 

This  act  shall  not  apply  to  diplomatic  and  other  officers  of    p  i  p  i  o  m  n 


11  1  K 


the  Chinese  or  other  Governments  traveling  upon  the  busi-  .Sfr.i.V'-" 
ness  of  that  Government,  whose  credentials  shall  be  taken  ^'^iis%ai"^in  > 
as  e(juivalent  to  the  certiticate  in  this  act  mentioned,  and 
shall  exempt  them  and  their  ))ody  and  household  servants 
from  the  provisions  of  this  act  as  to  other  Chinese  persons. 

Hereafter  no  State  court  or  court  of  the  United  States j^c^tizenship dc- 
shall  admit  Chinese  to  citizenship;  and  all  laws  in  conllict    Sec.ii,. 
with  this  act  are  hereby  repealed. 

The  provisions  of  this  act  shall  apply  to  all  subjects  of    "Chinese." 
China  and  Chinese,  whether  subjects  of  China  or  any  other  gj^^;/^^*''j'J|i^"^- 
foreign  power.  {^s ka\.,u'H.) 

And  the  words  "•Chinese  laborers,"  wherever  used  in    "Laborers.' 


410  BUKEAU    OF   IMMIGRATION 

this  act  shall  be  construed  to  mean  both  skilled  and  un- 
juiy  5,  issi,.^  skilled  laborers  and  Chinese  employed  in  mining. 
sel.^ie!''  ^^*'''  Any  violation  of  any  of  the  provisions  of  this  act,  or  of  the 
act  of  which  this  is  amendatory,  the  punishment  of  which 
is  not  otherwise  herein  provided  for,  shall  be  deemed  a  mis- 
demeanor, and  shall  ))e  punishable  by  a  tine  not  exceeding- 
one  thousand  dollars,  or  by  imprisonment  for  not  more 
than  one  year,  or  both  such  fine  and  imprisonment. 

^ubf^ms  There  shall  be  no  further  immigration  of  Chinese  into 

'(so' Stat. [7},  1.)  the  Hawaiian  Islands,  except  upon  such  conditions  as  are 
now  or  may  hereafter  be  allowed  by  the  laws  of  the  United 
States;  and  no  Chinese,  by  reason  of  anything  herein  con- 
tained, shall  be  allowed  to  enter  the  United  States  from 
the  Hawaiian  Islands. 

Chinese  In  Ha-  Chinese  in  the  Hawaiian  Islands  when  this  act  takes 
^^ jpV.  30, 1900.    effect  may  within  one  year  thereafter  obtain  certificates  of 

{3ikai.,i6L)  residence  as  required  by  "An  act  to  prOhi])it  the  coming 
of  Chinese  persons  into  the  United  States,""  approved  May 
fifth,  eighteen  hundred  and  ninety-two,  as  amended  by  an 
act  approved  November  third,  eighteen  hundred  and 
ninety-three,  entitled  "An  act  to  amend  an  act  entitled 
'An  act  to  prohibit  the  coming  of  Chinese  persons  into  the 
United  States,'  approved  May  fifth,  eighteen  hundred  and 
ninety-two,"  and  until  the  expiration  of  said  year  shall  not 
be  deemed  to  be  unlawf ull}^  in  the  United  States  if  found 
therein  without  such  certificate:  IVovided  /iotveve/\  That  no 
Chinese  laborer,  whether  he  shall  hold  such  certificate  or 
not,  shall  be  allowed  to  enter  any  State,  Territory,  or  Dis- 
trict of  the  United  States  from  the  Hawaiian  Islands. 

on^chfn^e'^mnf     Nothing  in  scction  four  of  the  act  of  Aug.  5,  1882  (22 

"ers.       '  Stat.,  225),  shall  be  construed  to  prevent  the  Secretary  of 

isTstat.^fn.)    Commerce  and  Labor  from  hereafter  detailing  one  oflScer 

employed  in  the  enforcement  of  the  Chinese  exclusion  acts 

for  duty  at  the  Department  of  Commerce  and  Labor  at 

Washington. 

cooiy  trade.  Nq  citizen  of  the  United  States,  or  foreigner  coming  into 
or  residing  within  the  same,  shall,  for  himself,  or  for  any 
other  person,  either  as  master,  factor,  owner,  or  otherwise, 
build,  equip,  load,  or  otherwise  prepare,  any  vessel,  regis- 
tered, enrolled,  or  licensed,  in  the  United  States,  for  the 
purpose  of  procuring  from  any  port  or  place  the  subjects 
of  China,  Japan,  or  of  any  other  oriental  countr}^,  known 
as  "coolies",  to  be  transported  to  any  foreign  port,  or  place, 
to  be  disposed  of,  or  sold,  or  transferred,  for  any  time,  as 
servants  or  apprentices,  or  to  be  held  to  service  or  labor. 
iiai\3!isr5.  ^^  '^"y  person  shall  knowingly  and  willfuU}^  contract,  or 
(iskdt.,i,7r>.)  attempt  to  contract,  in  advance  or  in  pursuance  of  such 
illegal  importation,  to  supply  to  another  the  labor  of  cool}' 
or  other  person  brought  into  the  United  States  in  violation 
of  section  two  thousand  one  hundred  and  fiftj^-eight  of  the 
Ilevised  Statutes,  or  of  anv  other  section  of  the  laws  pro- 


A'.  .S'.,  i'/.W. 


/.■.  S.,  i?ii:o. 


li.  S..  2161. 


BUREAU    OK   IMMIGRATION  411 

hil)itin}^-  tlu'  ('ooly-triulr  or  of  this  ;icl,  such  person  shull 
he  (U'oiiuhI  i^uilty  of  ;i  li^lony,  and.  upon  conviftiou  thereof, 
ill  any  United  States  eoiirt,  sluill  be  tilled  in  a  siuii  not 
exceedino-  five  hundred  dolhir.s  and  imprisoned  for  a  term 
not  exceedino-  one  year. 

If  ail}'  vessel,  heloiigino"  in  whole  or  in  part  to  a  citizen 
of  the  Tnited  States,  and  reo'istered,  enrolled,  or  other- 
wise licensed  therein,  l>e  em])loyed  in  the  "  cooly-trade/," 
so  called,  contrary  to  the  ])rovisions  of  the  preceding-  sec- 
tion, such  vessel,  her  tackle,  apj)arel,  furniture,  and  other 
apinirtenances,  shall  l)e  forfeited  to  the  UnitcHl  Stat(v>.  and 
shall  be  liable  to  be  seized,  prosecuted,  and  condemned  in 
any  of  the  circuit  courts  or  district  courts  of  the  United 
States  for  the  district  -where  the  vessel  may  be  found, 
seized,  or  carried. 

Every  person  who  so  })uilds,  tits  out,  ecjuips,  loads,  or 
otherwise  ])repares,  or  who  sends  to  sea,  or  navigates,  as 
o\vn(>r,  mast(>r,  factor,  agent,  or  otherwise,  any  vessel,  be- 
longing in  whole  or  in  part  to  a  citizen  of  the  United  States, 
or  registered,  enrolleil,  or  licensed  within  the  same,  know- 
ing or  intending  that  such  vessel  is  to  be  or  may  l)e  em- 
ployed in  that  trade,  contrarv  to  the  provisions  of  section 
twenty -one  hundred  and  tif  t^'-eight,  shall  be  liable  to  a  tine 
not  exceeding  two  thousand  dollars,  and  l)e  imprisoned 
not  exceeding  one  year. 

Every  citizens  of  the  United  States  who,  contrary  to  the 
provisions  of  section  twenty-one  hundred  and  fifty-eight,  Awnuiai. 
takes  on  Ijoard  of  any  vessel,  or  receives  or  transports  any  '(isskii.^^Ii.) 
such  sul)iects  as  are  described  in  that  section,  for  the  pur- 
})ost^  of  disposing  of  them  in  an  v  wa}^  as  therein  prohi))ited, 
>hall  be  liat>le  to  a  fine  not  exceeding  two  thousand  dollars 
and  be  imprisoned  not  exceeding  one  year. 

Nothing  herein  contained  shall  be  deemed  to  apply  to  ii.s.,2162. 
any  voluntary  emigration  of  the  sul)jects  specified  in  sec- 
tion twenty-one  hundred  and  fifty -eight,  or  to  any  vessel 
carrying  such  person  as  passenger  on  l)oard  the  same,  but 
a  certificate  shall  be  prepared  and  signed  l)y  the  consul  or 
consular  agent  of  the  United  States  residing  at  the  port 
from  which  such  vessel  may  take  her  departure,  containing 
the  name  of  such  person,  and  setting  forth  the  fact  of  his 
voluntary  emigration  from  such  port,  which  certificate  shall 
l)e  given  to  the  master  of  such  vessel;  and  the  same  shall 
not  })e  gi\en  until  such  consul  or  consular  agent  is  first 
])ers()nally  satisfied  by  evidence  of  the  truth  of  the  facts 
therein  contained. 

The  President  is  empowered,  in  such  wa}'  and  at  such 
time  as  he  may  judge  proper,  to  direct  the  vessels  of  the 
United  States,  and  the  masters  and  commanders  thereof, 
to  examine  all  vessels  navigated  or  owned  in  whole  or  in 
part  by  citizens  of  the  United  States,  and  registered, 
enrolled,  or  licensed  under  the  laws  thereof,  whenever,  in 
the  judgment  of  such  master  or  commanding  officer,  rea- 
sonable cause  exists  to  lu'lieve  that  such  vessel  has  on 
))oard    any  subjects  of   Uiiina,  dapan,  or    other    oriental 


R.  S.,  2I6S. 


412  BUREAU    OF    IMMIGKATION 

country,  known  as  "coolies;"  unci,  upon  suiEcient  proof 
that  .such  vessel  is  employed  in  violation  of  the  preceding 
provisions,  to  cause  her  to  be  carried,  with  her  officers  and 
crew,  into  any  port  or  district  within  the  United  States, 
and  delivered  to  the  marshal  of  such  district,  to  be  held  and 
disposed  of  according  to  law. 
li.  s.,  2VV,.  ^Q  tax  or  charge  shall  l>e  imposed  or  enforced  b^"  any 

State  upon  any  person  immigrating  thereto  from  a  foreign 
country,  which  is  not  equally  imposed  and  enforced  upon 
every  person  immigrating  to  such  State  from  an}^  other 
foreign  country. 


Mar.  3, 1S76.  Xu  determining  whether  the  immigration  of  any  subject 
(tsj^ta..,!,,  .  ^^  China,  Japan,  or  any  Oriental  country,  to  the  United 
States,  is  free  and  voluntary,  as  provided  by  section  two 
thousand  one  hiuidred  and  sixty-two  of  the  Revised  Code, 
title  "Immigration,"  it  shall  be  the  dut}^  of  the  consul- 
general  or  consul  of  the  United  States  residing  at  the  port 
from  which  it  is  proposed  to  conve}"  such  subjects,  in  any 
vessels  enrolled  or  licensed  in  the  United  States,  or  any 
port  within  the  same,  before  delivering  to  the  masters  of 
any  such  vessels  the  permit  or  certificate  provided  for  in 
such  section,  to  ascertain  whether  such  immigrant  has 
entered  into  a  contract  or  agreement  for  a  term  of  service 
within  the  United  States,  for  lewd  and  immoral  purposes; 
and  if  there  be  such  contract  or  agreement,  the  said  consul- 
general  or  consul  shall  not  deliver  the  required  permit  or 
certificate. 
*'■—•  If  any  citizen  of  the   United  States,  or  other  person 

amenable  to  the  law\s  of  the  United  States,  shall  take,  or 
cause  to  be  taken  or  transported,  to  or  from  the  United 
States  any  subject  of  China,  Japan,  or  any  Oriental 
country,  without  their  free  and  voluntar}^  consent,  for  the 
purpose  of  holding  them  to  a  term  of  service,  such  citizen 
or  other  person  shall  l)e  lial)le  to  be  indicted  therefor,  and, 
on  conviction  of  such  offense,  shall  be  punished  by  a  fine 
not  exceeding  two  thousand  dollars  and  l)e  imprisoned  not 
exceeding  one  year;  and  all  contracts  and  agreements  for 
a  term  of  service  of  such  persons  in  the  United  States, 
whether  made  in  advance  or  in  pursuance  of  such  illegal 
importation,  and  whether  such  importation  shall  have  been 
-  in  American  or  other  vessels,  are  hereby  declared  void. 

[Note. — The  law  relating;  to  the  Cooly  trade  has  been,  in  the  main, 
superseded  by  the  law  excluding  Chinese.] 


...  si 


OriAPTKU  XV 

BUREAU  OF  STANDARDS 


The  Constitution  vosts  the  Federal  Government  with  power  to  "fix 
the  Standard  of  Weiohts  and  Measures,"  and  from  the  beginning  of  the 
Republic  many  of  the  foremost  statesmen  and  scientists  have  worked 
assiduously  to  bring  our  system  of  weights  and  measures  to  a  more 
satisfactory  and  scientific  condition.  Washington  recognized  this  as 
one  of  the  important  subjects  committed  to  Congress  bv  the  Constitu- 
tion, and  repeatedh'  urged  the  necessity  for  uniform  and  reliable 
standards.  In  1790  Thomas  Jetferson,  Secretar}^  of  State,  was  directed 
by  Congress  to  investigate  this  subject,  and  after  a  most  careful  con- 
sideration su]>mitted  a  report  in  which  he  suggested  important  reforms, 
which  were  not,  however,  adopted. 

A  reference  to  the  subject  of  weights  and  measures  appears  in  the 
act  approved  March  2,  ITlH)  (R.  S.  2027),  where  it  was  ordered,  among 
other  things,  that  "•  The  survej^or  (of  each  port  of  the  United  States) 
shall  from  time  to  time,  and  particularh'  on  the  first  Monda}^  in  Jan- 
uary and  July  in  each  year,  examine  and  try  the  weights,  measures, 
and  other  instruments  used  in  ascertaining  the  duties  on  imports,  with 
standards  to  be  provided  l)y  each  collector."  Apparently  this  act  was 
not  enforced,  probably  for  the  reason  that  no  standard  had  been 
adopted  by  Congress  or  ])y  the  Treasury  Department.  In  1817  Pres- 
ident Madison  reminded  Congress  that  nothing  had  been  accomplished 
in  reforming  and  unifying  the  weights  and  measures,  whereupon  the 
whole  subject  was  referred  to  John  Quincy  Adams,  then  Secretar}' 
of  State.  Mr.  Adams,  after  four  years  of  research,  prepared  a  report 
which  has  become  a  classic  in  metrology;  in  it  he  advised  the  adoption 
of  a  universal  standard  by  international  agreement. 

By  Senate  resolution  of  May  2l>,  1830,  the  Secretary  of  the  Treasury 
was  directed  to  have  an  examination  made  of  the  weights  and  measures 
in  use  at  the  principal  custom-houses,  and,  as  was  expected,  large 
discrepancies  Avere  discovered.  As  a  consecjuence,  the  Secretary  of 
the  Treasury  directed  that  standards  be  adopted  by  the  Treasury 
Department,  and  that  copies  be  made  and  distributed  to  the  various 
custom-houses.  The  avoirdupois  pound  was  adopted  as  the  standard 
of  weight,  and  the  distance  between  certain  lines  on  a  brass  bar  in  the 

413 


414:  BUREAU    OF    STANDARDS 

possession  of  the  Department,  and  supposed  to  conform  with  the 
English  yard,  was  taken  as  the  standard  of  length.  In  June,  1836, 
Congress  directed  further  that  the  Secretary  of  the  Treasury  should 
furnish  each  State  with  copies  of  these  standards. 

By  act  approved  July  28,  1866,  the  use  of  the  metric  system  of 
weights  and  measures  was  legalized,  and  the  Secretary  of  the  Treasur}" 
was  directed  to  furnish  each  State  with  a  set  of  standard  weights  and 
measures  of  this  S3^stem. 

In  1875,  more  than  half  a  century  after  Adams  had  recommended  a 
conference  between  nations  for  the  purpose  of  establishing  world-w^ide 
uniformity  in  standards,  such  a  conference  was  held,  and  as  a  result 
there  was  established  in  Paris  a  permanent  International  Bureau  of 
Weights  and  Measures.  The  Bureau  thus  established  undertook  the 
construction  of  prototypes  of  the  metric  standards,  and  in  1889  these 
were  ready  for  distribution  among  the  seventeen  nations  represented 
at  the  international  conference.  Two  meters  and  two  kilograms  were 
sent  under  seal  to  the  United  States  l)y  special  messengers,  and  were 
opened  at  the  White  House  in  the  presence  of  the  President,  the  Sec- 
retary of  State,  and  a  distinguished  company  of  scholars. 

The  custod}'  of  the  standards  referred  to  above,  and  the  execution 
of  the  provisions  made  by  Congress,  remained  until  July  1,  lUOl, 
under  the  direction  of  the  Superintendent  of  the  Coast  and  Geodetic 
Survey,  Treasury  Department,  in  his  capacity  as  Superintendent  of  the 
Office  of  Standard  Weights  and  Measures.  The  facilities  of  the  latter 
office  were  exceedingly  limited,  and  the  exercise  of  its  functions  con- 
fined to  departments  of  the  General  Government  and  the  States. 

The  progress  of  science  and  the  employment  of  exact  scientific 
methods  by  the  great  industrial  and  commercial  enterprises  had 
brought  about  conditions  which  demanded  radical  changes  in  matters 
pertaining  to  standards.  Whatever  might  have  been  said  as  to  the 
necessity  of  improvement  in  the  conmion  measures  of  weight,  length, 
and  capacity,  was  equally  true  of  the  more  accurate  measures  of  these 
same  quantities.  Scientific  investigators  and  manufacturers  required 
for  their  work  standards  of  the  very  highest  order  of  accuracy  and 
of  far  greater  variety  than  those  previously  employed.  Among  these 
may  be  mentioned  standards  of  high  and  low  temperatures,  pressure, 
illumination,  electrical  standards,  and  many  others. 

The  benefits  accruing  to  the  i)ublic  from  fixed  and  reliable  standards 
are  ol)tained  thi-ough  the  medium  of  a  great  variety  of  meters  and  pre- 
cise measuring  apparatus.  That  the  graduations  and  indications  of 
these  instruments  should  agree  with  the  fundamental  standards  is  of 
vital  importance;  and  without  such  agreement  the  puldic  is  deprived 
of  the  very  l)enefits  sought  in  establishing  the  standards.  German 
and  English  makers  of  scientific  apparatus  furnish  official  certificates 
with  their  apparatus,  and  the  value  of  such  certificates  was  so  well 


KUREAIT    OK    STANDAKDS  415 

recognized  that  our  own  nianufacturers  <(uoted  prices  on  their  appa- 
ratus whicli  liad  been  veriiied  in  the  stanchu'dizin^-  institutions  of  for- 
eign governments. 

It  was  this  condition  of  affairs  that  led  Congress  to  enact  a  law 
March  8.  llJOl.  establishing  the  National  Bureau  of  Standards,  the 
functions  of  which  include  the  custody  of  the  olljcial  standards,  the 
comparison  of  all  standards  used  in  scientific  investigations,  engineer- 
ing, manufacturing,  commerce,  and  in  (educational  institutions,  with 
the  standards  adopted  or  recognized  by  the  CJovernnient:  the  con- 
struction, when  necessary,  of  standards,  their  multiples  and  subdivi- 
sions; the  testing  of  standard  measuring  apparatus,  and  the  solution 
of  problems  which  arise  in  connection  with  standards.  It  is  also 
authorized  to  make  physical  and  chemical  researches  for  the  purpose 
of  determining  physical  constants  and  the  properties  of  materials, 
when  such  data  ai'e  of  great  importance  to  scientitic  or  manufacturing- 
interests.  The  Bureau  is  authorized  to  exercise  its  functions  for  edu- 
cational institutions,  firms,  corporations,  or  individuals  engaged  in 
manufacturing  or  other  pursuits  requiring  the  use  of  standards,  or 
standard  measuring  instruments. 

The  relation  of  the  Bureau  to  the  various  branches  of  manufacturing 
is  very  important — far  more  important  and  comprehensive  than  that 
of  a  mere  standardizing  institution.  It  can  not  l)e  expected  that  an 
engineer  or  manufacturer  can  keep  in  touch  with  the  scientitic  litera- 
ture of  this  and  other  countries;  hence  the  Bureau  is  also  intended  to 
be  a  source  of  information  along  scientific  lines  for  manufacturers  and 
engineers.  The  progress  of  manufacturing  and  many  commercial 
industries  is  closely  connected  with  the  scientitic  development  of  the 
countr}'. 

A  site  was  purchased  by  the  Government  in  the  northwestern  sub- 
urbs of  Washington,  in  a  locality  free  from  mechanical  and  electrical 
disturbances.  Two  laboratories,  suitably  equipped  for  carrying  on 
investigations,  and  testing  standards  and'measuring  instruments  of  all 
kinds,  are  in  process  of  construction.  The  scientitic  work  of  the 
Bureau  is  under  the  immediate  supervision  of  a  Director,  assisted  by 
a  corps  of  physicists  and  chemists. 

The  name  ''Office  of  Construction  of  Standard  Weights  and  Meas- 
ures" was  first  used  in  the  appropriation  act  of  August  T),  1882.  As 
before  stated,  the  act  of  March  .3,  1901,  separated  the  National  Bureau 
of  Standards  from  the  Coast  and  Geodetic  Survey,  and  made  it  an 
independent  bureau  of  the  Treasury  Department,  where  it  remained 
until,  on  July  1.  1008.  it  became  a  part  of  the  De])artment  of  Com- 
merce and  Labor,  under  the  provisions  of  the  law  esta))lishing  that 
Department,  approved  February  14,  1908.  By  ord(M-  of  the  Secretary 
of  Commerce  and  Labor,  the  name  ''Bureau  of  Standards''  was 
adopted  July  L  1903. 


410  BUKEAF    OF    STANDARDS 

Prof.  S.  W.  Stratton  has  been  at  the  head  of  tlio  Bureau  since  its 
org-anization  in  1901. 

The  use  of  the  facilities  of  the  Bureau  of  Standards  for  research 
and  stud}'  I)}'  scientific  investigators  and  students  of  an}'  institution  of 
higher  education  is  granted  by  law  (31  Stat.,  1(»30)  and  resolution  of 
April  12,  1892.     (See  page  158.) 


LAW  PEKTAINING  TO  THE  BUREAU  OF  STANDARDS 

[As  modified  by  act  of  February  14,  ]90o.] 

Consiitiuion  ^\^^   Cougrcss  shall    have  Power  to     *     *     *     fix  the 

Art.  1,  sec.  8.       .^  ,.*'iiT    •     1  J  1  TT 

Standard  ot  Weights  and  Measures. 
Functions  of     '£\^q  Ofiice  of  Standard  Weights  and  Measures  shall  here- 

Bureau.  ,  i        t->  i-  li  i        ^ 

Mnr.s.  luoi.  after  be  known  as  tlie  Bureau  ot  Standards. « 
^^ecs^Tdnd2^'^  Tli^  f unctious  of  the  bureau  shall  consist  in  the  custody 
of  the  standards;  the  comparison  of  the  standards  used  in 
scientific  investigations,  engineering,  manufacturing,  com- 
merce, and  educational  institutions  with  the  standards 
adopted  or  recognized  by  the  Government;  the  construc- 
tion, when  necessary,  of  standards,  their  multiples  and 
subdivisions;  the  testing  and  calibration  of  standard  meas- 
uring apparatus;  the  solution  of  problems  which  arise  in 
connection  with  standards;  the  determination  of  physical 
constants  and  the  properties  of  materials,  when  such  data 
are  of  great  importance  to  scientific  or  manufacturing- 
interests  and  are  not  to  be  obtained  of  sufficient  accuracy 
elsewhere. 
real/'Xii'ler^e;  ^hc  burcau  shall  cxcrcise  its  functions  for  the  Gov- 
sec.s.  ernment  of  the  United  States;  for  any  State  or  munici- 

pal government  within  the  United  States;  or  for  any 
scientific  society,  educational  institution,  firm,  corpora- 
tion, or  individual  within  the  United  States  engaged  in 
manufacturing  or  other  pursuits  requiring  the  use  of 
standards  or  standard  measuring  iiisti'uments.  All  re(iuests 
for  the  services  of  the  bureau  shall  be  made  iu  accordance 
with  the  rules  and  regulations  herein  established. 

Personnel    of     The  officers  and   employees  of  the  bureau   shall   con- 
Bureau  and  sal-    .,,.  t^  i*^  ^  ^  a     n  ^ 

aries.  sist  ot    a  director,    at  an   annual   salary   ot   five   thou- 

*''"'■  sand  dollars;  one  physicist,  at  an  annual  salary  of  three 

thousand  five  hundred  dollars;  one  chemist,  at  an  annual 
salary  of  three  thousand  five  hundred  dollars;  two  assist- 
ant physicists  or  chemists,  each  at  an  annual  salary  of  two 
thousand  two  hundred  dollars;  one  laboratory  assistant, 
at  an  annual  salary  of  one  thousand  four  hundred  dollars; 
one  lal)oratorv  assistant,  at  an  'annual  salary  of  one 
thousand  two  hundred  dollars;  one  secretary,  at  an 
annual  salary  of  two  thousand  dollars;  one  clerk,  at 
an  annual  salary  of  one  thousand  two  hundred  dollars; 
one  messenger,  at  an  annual  salary  of  seven  hundred 
and   twenty  dollars;    one   engineer,  at   an  annual   salary 

"Xiuiie'  adoi  ted  July  1,  IWA. 


BUREAU    OF   STANDARDS  417 

of  OM(>  tlioiisund  li\t'  liiiinlicd  doUiiis;  one,  mechanician,  at 
an  annual  salary  of  one  thousand  tour  innidrcMl  dollars; 
one  watchman,  at  an  annual  salary  ot"  seven  hundred  and 
twenty  dollars,  and  one  lahoicr,  at  an  aiu'ual  salary  of  six 
hundred  dollars." 

The   director   shall  ])e  ai)i)()inted  bv  the  President,   by    Tiu-nircctor- 
and   with    the    advice   and    consent   or    the    benate.      lleiiutics. 
shall   have  the   general  supervision   of  the    bureau,    its    '^'^"''' 
equipment,  and  the  exercise  of   its  functions.     He  shall 
make  an  annual  report  to  the  Secretary  of  Commerce  and 
lval)or.  including'  an  abstract  of  th(>  work  done  during  the 
j'earand  a  financial  statement.     IIi^  may  issue,  when  neces- 
sary, bulletins  for  ]iublic  distribution,  containing  such  in- 
formation as  may  ])e  of  value  to  the  public  or  facilitate 
the  bureau  in  the  exercise  of  its  functions. 

The  officers  and  employees  provided  for  ])y  this 'Act,    ■'^v\»>pitmiiins. 
except  the  director,  shall  l)c  appointed  by  the  Secretary 
of  Commerce  and  Labor,  at  such  time  as  their  respective 
services  may  l)ecome  necessar3^ 

The  following  sums  of  money  are  hereh}-  appropriated:  .|^;i^_[^P''"P'"'*'^'o^ 
*  *  *  toward  the  erection  of  a  suitalde  laborator}-,  of  scc.'r. 
fireproof  construction,  for  the  use  and  occupation  of  said 
bureau,  including  all  permanent  tixtures,  such  as  pluml)- 
ing,  piping,  wiring,  heating,  lighting,  and  ventilation,  the 
entire  cost  of  which  shall  not  exceed  the  sum  of  three  hun- 
dred and  twenty-five  thousand  dollars,*  one  hundred  thou- 
sand dollars;  for  equipment  of  said  laboratory,  the  sum  of 
ten  thousand  dollars;  for  a  site  for  said  laborator}",  to  be 
approved  by  the  visiting  committee  hereinafter  provided 
for  and  purchased  Ijy  the  Secretary  of  the  Treasury, 
the  sum  of  tw^enty-tive  thousand  dollars,  or  so  much  thereof 
as  may  be  necessar}";  *  *  *  expenses  of  the  visiting 
conmiittee,  and  contingencies  of  all  kinds,  the  sum  of 
five  thousand  dollars,  or  so  inuch  thereof  as  may  be  nec- 
essary, to  be  expended  under  the  supervision  of  the  Sec- 
retary of  Commerce  and  Labor. 

For  all   comparisons,  calibrations,   tests,  or  investiga- ^j^^^'^'^J^'^  ^^°   ^^ 
tions,  except  those  performed  for  the  Government  of  the    scc.  s. 
United  States  or  State  governments  within   the    United 
States,  a  reasonable  fee  shall  be  charged,  according  to  a 
schedule   submitted  l)y  the  director  and  approved  In'  the 
Secretary  of  Commerce  and  Labor. 

The  Secretary  of  Conunerce  and    Labor    shall,    from    sccRtary     of 
time  to  time,  make  regulations  regarding  the  payment  of  ^;'")"or tl.^  make 
fees,  the  limits  of  tolerance  to  be  attained  in  standards '■^"|^'^'«y""'*- 
submitted  for  verification,  the  sealing  of  standards,  the 
disl)in'sement  and  receipt  of  moneys,  and  such  other  mat- 
ters as  he  mav  deem  necessary  for  carrving  this  Act  into 
eliect. 

There  shall  be  a  visiting  committee  of  five  members,  to    yisUing   com- 
be appointed  by  the  Secretary  of  Commerce  and  Labor,    sec.  lo. 

«Api)ropriation  act  of  Ai)ril  2S,  1902,  increased  the  number  of  em- 
ployees to  28,  and  act  of  February  25,  11)0;5,  increased  tiie  number  to  58. 
b  Act  of  June  6,  1902. 

27628—04 27 


418  BUREAU    OF    STANDARDS 

to  consist  of  men  prominent  in  the  vurious  interests 
involved,  and  not  in  tiie  employ  of  the  Government. 
This  connnittee  shall  visit  the  bureau  at  least  onee  a  year, 
and  report  to  the  Secretary  of  Commerce  and  Labor 
upon  the  efficiency  of  its  scientific  work  and  the  con- 
dition of  its  equipment.  The  members  of  this  commit- 
tee shall  serve  without  compensation,  but  shall  be  paid 
the  actual  expenses  incurred  in  attending  its  meetings. 
The  period  of  service  of  the  members  of  the  original  com- 
mittee shall  be  so  arranged  that  one  member  shall  retire 
each  year,  and  the  appointments  thereafter  to  be  for  a 
period  of  live  years.  Appointments  made  to  till  vacancies 
occurring  other  than  in  the  regular  manner  are  to  be  made 
for  the  remainder  of  the  period  in  which  the  vacancy 
exists. 


CHAPTER  XV  I 

LEGISLATIVE   HISTORY   OF    SENATE   BILL  NO.   569     AN  ACT  TO 
ESTABLISH  THE  DEPARTMENT  OF  COMMERCE  |AND  LABOR] 

[Fifty-.SL'Vunth  ('oiiKress.] 

Part  L 
PROCEEDINGS    IN   THE    SENATE 

On  December -i,  lUUi,  Seimtor  iS'elsoii  introdiieed  in  tlio  Seniite  a  ImII 
(Senate  No.  56!')  "'To  e.stal)lish  the  Department  of  Commerce;"  it  was 
read  twice  and  referred  to  the  Committee  on  Commerce;  on  ,Jaiuiary  9, 
1902,  it  ^va-s  repoited  hv  Mr.  Nelson,  with  certain  amendments;  Jan- 
uary 22,  1902,  the  l)iH  was  ordered  printed,  as  agreed  to  in  Committee 
of  the  Whole,  and  at  this  period  of  its  progress  it  read  as  follows: 

A  BILL  to  establisli  the  Department  of  ( 'oinmerce. 
[Omit  tlie  niatttT  in  small  type  and  insert  the  iiart  printeil  in  italics.] 

Be  it  enacted  hy  the  Seiutteand  House  of  Representatives  of  the  United 
States  of  America' ill  Congress  asse/nJded,  That  there  shall  be  at  the 
seat  of  government  an  executive  department  to  be  known  as  the  Depart- 
ment of  Commerce,  and  a  Secretaiy  of  Commerce,  who  shall  be  the  head 
thereof,  who  shall  be  appointed  l)v  the  President,  by  and  with  the 
advice  and  consent  of  the  Senate,  who  shall  receive  a  .salary  of  eight 
thousand  doUars  per  annum,  and  whose  term  and  tenure  office  shall  be 
like  that  of  the  heads  of  tiie'other  Executive  Departments;  and  section 
one  hundred  and  iiftj'-eight  of  the  Kevised  Statutes  is  hereby  amended 
to  inchide  such  Department,  and  the  provisions  of  title  four  of  the 
Revised  Statutes,  including  all  amendments  thereto,  are  hereliy  made 
applicable  to  said  Department. 

Sec.  2.  That  there  shall  ])e  in  said  Department  an  Assistant  Secretary 
of  Connnerce,  to  ])e  appointed  by  tlio  President,  by  and  with  tiie  advice 
and  consent  of  thi^  Senate,  who  shall  receive  a  salary  of  four  thousand 
dollars  a  year.  He  shall  pin-foini  such  duties  as  shall  be  prescribed 
by  the  Secretarv  or  re(|uired  by  law.  There  shall  also  be  one  chief 
clerk  and  a  disbursing  clerk,  and  such  other  clerical  a.ssistants  as  may 
from  time  to  time  ])e  authorized  by  Congress,  and  the  Auditor  for  the 
State  and  other  dei)artments  shall  receive  all  accounts  accruing  in  or 
relative  to  the  Department  of  Commerce  and  examine  the  same,  and 
thereafter  certify  the  balance  and  transmit  the  accounts,  with  the 
vouchers  and  certificate,  to  the  Comptroller  of  the  Treasiny  for  his 
decision  theron. 

419 


420  LEGISLATIVE    HISTOKY 

Sec.  3.  That  it  shall  be  the  province  and  duty  of  said  Department 
to  foster,  promote,  and  develop  the  foreign  and  domestic  commerce, 
the  minin<4-,  mannfacturing,  shipi)ino-,  and  fishery  industries,  the  labor 
interests,  and  the  transportation  facilities  of  the  United  States;  and  to 
this  end  it  shall  be  vested  with  jurisdiction  and  control  of  the  depart- 
ments, bureaus,  offices,  and  branches  of  the  public  service  hereinafter 
speciiied,  and  with  such  other  powers  and  duties  as  may  be  prescribed' 
by  law. 

Sec.  4.  That  the  following-named  offices,  bureaus,  divisions,  and 
branches  of  the  pul)lic  service,  now  and  heretofore  under  the  jurisdic- 
tion of  the  Department  of  the  Treasury,  and  all  that  pertains  to  the 
same,  known  as  the  Life-Saving  Service,  the  Light-House  Board,  and 
the  Light-House  Service,  the  Marine-Hospital  Service,  the  Steamboat- 
Inspection  Service,  the  Bureau  of  Navigation  and  the  United  States 
Shipping  Commissioners,  the  Bureau  of  Iiumigration,  and  the  Bureau 
of  Statistics,  be,  and  the  same  hereby  are,  transferred  from  the 
Department  of  the  Treasury  to  the  Department  of  Commerce,  avd  the 
same  shall  hereafter  remain  under  the  jurisdiction  and  supervision  of 
the  last-named  Department;  and  that  the  Census  Office,  the  Patent  Office,  and 
all  that  pertains  to  the  same,  be,  anil  the  same  hereby  are,  transferred  from  the 
Department  of  the  Interior  to  the  Department  of  Commerce,  to  remain  henceforth 
under  the  jurisdiction  of  the  latter;  that  [the  Department  of  Lal)or,"]  and 
the  office  of  Commissioner  of  Fish  and  Fisheries,  and  all  that  pertains 
to  the  same,  l)e,  and  the  same  hereby  are,  placed  under  the  jurisdiction 
and  made  a  part  of  the  Department  of  Commerce;  that  the  Bureau  of 
Foreign  Commerce,  now  in  the  Department  of  State,  be,  and  the  same 
hereby  is,  transferred  to  the  Department  of  Commerce  and  consolidated 
with  and  made  a  part  of  the  Bureau  of  Statistics,  hereinbefore  trans- 
ferred from  the  Department  of  the  Treasury  to  the  Department  of 
Commerce,  and  the  chief  of  said  Bureau  of  Foreign  Commerce  shall  be  the  assist- 
ant chief  of  the  said  Bureau  of  Statistics;  and  the  hvo  shall  constitute  one 
hureau^  to  he  called  tJie  Bureau  of  Statistics,  with  a  chief  of  the  Bureau 
and  one  assistant  [and  it  shall  be  the  duty  of  said  Bureau,  under  the 
direction  of  the  Secretary,  in  addition  to  the  duties  now  prescribed  by 
law,  to  gather,  compile,  classify,  and  i)ublish  statistical  information 
showing  the  condition  of  the  foreign  and  domestic  commerce,  of  the 
mining,  manufacturing,  shipping,  and  fishery  industries,  and  of  the 
transportation  facilities  of  the  United  States'^']. 

That  the  official  records  and  papers  now  on  file  in  and  pertaining 
exclusively  to  the  business  of  any  bureau,  office,  department,  or  branch 
of  the  public  service  in  this  act  transferred  to  the  Department  of  Com- 
merce, together  with  the  furniture  now  in  use  in  such  bureau,  office, 
department,  or  branch  of  the  public  service,  shall  be,  and  hereby  are, 
transferred  to  the  Department  of  Commerce. 

Sec.  5.  That  there  shall  be  in  the  Department  of  Commerce  a  bureau 
to  be  called  the  Bureau  of  Manufactures,  and  a  chief  of  said  Bureau, 
who  shall  be  appointed  by  the  President,  by  and  with  the  advice  and 
consent  of  the  Senate,  and  who  shall  receive  a  salary  of  three  thousand 
dollars  per  annum.  There  shall  also  be  in  said  Bureau  one  chief  clerk 
and  such  other  clerical  assistants  as  may  from  time  to  time  be  author- 
ized by  Congress.  It  shall  be  the  province  and  duty  of  said  Bureau, 
under  the  direction  of  the  Secretar}',  to  foster,  promote,  and  develop 
the  various  manufacturing  industries  of  the  United  States  and  markets 

«  Pending. 


LEGISLATIVE    HISTORY  421 

for  tlio  siiiiio  at  home  and  abroad,  doiucstic  and  rorcio-n,  l)y  o-athoring, 
conipiliii<i-.  i)ul)lisliiiio-.  and  sui)})lyinu-  all  available  and  useful  informa- 
tion conccruino-  such  industries  and  such  markets,  and  ])y  such  othei- 
methods  and  means  as  may  he  ])i-es(ril)ed  by  the  Secretary  or  provided 
by  law.  And  all  consular  oilicers  of  the  United  States,  includino- 
consul-o-enerals,  consuls,  and  connnercial  ay-cMits,  arc  hereby  required, 
and  it  is  made  a  part  of  their  duty,  uiuUu-  the  direction  of  the  Sccrc- 
taiy  of  State,  to  gather  and  compile,  from  time  to  time,  upon  the  re(juest 
of  the  Secretary  of  Coinnieroe'  Useful  and  material  information  and  statistics 
in  respect  to  the  commerce,  industries,  and  markets  of  the  countries 
and  i)laces  to  which  such  consular  oilicers  are  accredited,  and  to  send, 
under  the  direction  of  the  S(H-retarv  of  State,  reports  fpiartcM'ly,  or 
oftener  if  riHpiired.  of  th(>  information  and  statistics  thus  oathered 
and  compiled,  to  the  Secretary  of  the  DepartmiMit  of  Commerce. 

Skc.  (t.  That  the  jurisdiction,  supei'vision,  and  control  now  possessed 
and  exercised  l)v  the  Department  of  the  Treasury  over  Chinese  immi- 
gration, and  over  the  fur-seal,  salmon,  and  other  fisheries  in  Alaska, 
be,  and  the  same  hereby'  is,  transferred  to  and  vested  in  the  Department 
of  Connnerce. 

Sec,  7.  That  the  Secretary  of  Commerce  shall  annually,  at  the  close 
of  each  fiscal  3'ear,  make  a  report  in  writing  to  Congress,  giving  an 
account  of  all  moneys  received  and  disbursed  bv  him  and  his  Depart- 
ment, and  descril)ing  the  work  done  by  the  Department  in  fostering, 
promoting,  and  developing  the  foreign  and  domestic  commerce,  the 
mining,  manufacturing,  shipping,  and  fisher}'  industries,  and  the  trans- 
portation facilities  of  the  United  States,  and  making  such  recommen- 
dations as  he  shall  deem  necessary  for  the  effective  performance  of  the 
duties  and  purposes  of  the  Department.  He  shall  also,  from  time  to 
time,  make  such  special  investigations  and  reports  as  he  may  be  re- 
quired to  do  ])y  the  l*resident,  or  by  either  House  of  Congress,  or  which 
he  himself  may  deem  necessary  and  urgent. 

^  Sec.  8.  That  the  Secretary  of  Commerce  shall  have  charge  in  the 
buildings  or  premises  occupied  by  or  appropriated  to  the  Department 
of  Commerce,  of  the  librar}-,  furniture,  fixtures,  records,  and  other 
property  pertaining  to  it,  or  hereafter  acquired  for  use  in  its  busi- 
ness; and  he  shall  be  allowed  to  expend  for  periodicals  and  the  pur- 
poses of  the  librar}',  and  for  the  rental  of  appropriate  quarters  for 
the  accommodation  of  the  Department  of  Commerce  within  the  Dis- 
trict of  Colum))ia,  and  for  all  other  incidental  expenses,  such  sums  as 
Congress  may  provide  from  time  to  time:  P/'ovkli/d,  lunoevei\  That 
where  any  office,  bureau,  or  branch  of  the  public  service  transferred 
to  the  Department  of  Conmierce  by  this  act  is  occupying  rented 
buildings  or  premises  it  may  still  continue  to  do  so  until  other  suita- 
ble cpiarters  are  provided  for  its  use:  And  'providid  furtl(ri\  That  all 
officers,  clerks,  and  employees  now  employed  in  any  of  the  l)ureaus, 
offices,  departments,  or  branches  of  the  public  service  in  this  act 
transferred  to  the  Department  of  Commerce  are  each  and  all  hin-eby 
transferred  to  said  Department  at  their  ])resent  grades  and  salaries, 
except  where  otherwise  provided  in  this  act.  and  they  nhall  eontinue  in 
office  and  employment  as  if  appointed  under  this  act  initil  otherwise  i)rovided  by  law: 
And  prorldcd  flirt  III  r,  That  all  laws  ])rescribing  the  work  and  detiniug 
the  duti(\s  of  the  several  bureaus,  olH((\s,  de])artments,  or  branches  of 
the  ])ublic  service  by  this  act  ti-ansferred  to  and  made  a  part  of  the 
Department  of  Commerce  shall,  so  far  as  the  same  are  not  in  conflict 


422  LEGISLATIVE    HISTORY 

with  the  provisions  of  this  act,  remain  in  full  force  and  effect  until 
otherwise  provided  by  hiw. 

Sec.  9.  That  i:\\  power  and  authority  heretofore  possessed  or  exer- 
cised by  the  head  of  any  executive  department  over  any  l)ureau, 
office,  branch,  or  division  of  the  public  service,  by  this  act  transferred 
to  the  Department  of  Commerce,  or  any  business  arising-  therefrom  or 
pertaining  thereto,  whether  of  an  appellate  or  revisory  character,  or 
otherwise,  shall  hereafter  be  vested  in  and  exercised  by  the  head  of  the 
said  Department  of  Commerce.  And  all  acts  or  parts  of  acts  incon- 
sistent with  this  act  are,  so  far  as  so  inconsistent,  hereliy  repealed. 

fScc.  10.  A  pe7'S07i,  to  he  designated  hy  the  Secretary  of  State,  sJudl 
he  appointed  to  formxdate  iinder  his  direction,  for  the  instruction  of 
considar  officers,  the  requests  of  the  Secretary  of  Contmerce,  cmd  to 
prepare  froDi  the  dispatches  of  consular  officers,  for  transmission  to  the 
Secretary  of  Commerce,  such  iiformatioiv  as  pertains  to  the  work  of  the 
Department  of  Commerce,  and  such  pe7'son  shall  have  the  rank  and 
salary  of  a  chief  of  hureau,  and  he  furnished  with  such  clericcd  assistance 
as  may  he  deemed  necessary  hy  the  Secretary  of  State. 

Sec.  [10]  11.  This  act  shall  take  efi'ect  and  be  in  force  from  and 
after  its  passag-e. 

SENATE    REPORT 

Senate  Report  No.  82,  on  Senate  bill  No.  569,  from  the  Committee 
on  Commerce,  made  on  January  9,  1902,  is  as  follows: 

The  Committee  on  Commerce,  to  whom  was  referred  the  bill  (S.  569) 
to  esta))lish  the  Department  of  Commerce,  have  had  the  same  under 
consideration  and  beg  leave  to  report  as  follows: 

To  fully  understand  and  comprehend  the  necessity  for  the  establish- 
ment of  the  Department  of  Commerce,  it  is  desirable  and  instructive 
to  give  a  brief  history  of  the  inception,  growth,  and  jurisdiction  of  the 
several  Executive  Departments  of  the  Governnieut. 

STATE    DEPARTMENT 

The  first  department  established  was  known  as  the  Department  of 
Foreign  Affairs,  and  was  created  by  the  act  of  July  27,1789  (1  U.  S. 
Stat,  28).  By  the  act  of  September  15,  1789  (1  U.  S.  Stat.,  {^><),  the 
name  was  changed  to  that  of  Department  of  State.  This  Department 
was  originally  vested,  under  the  direction  of  the  President,  with  juris- 
diction over  foreign,  diplomatic,  and  consular  affairs,  and  was,  in  1793, 
given  jurisdiction  o\'er  the  matter  of  patents  for  useful  inventions, 
which  it  retained  until  1819,  when  the  same  was  transferred  to  the 
Interior  Department.  It  was  also  given  supervisory  and  appellate 
jurisdiction  over  the  acts  of  marshals  and  others  in  taking  and  return- 
ing the  census  of  the  United  States,  which  it  retained  until  1819,  when 
the  same  was  transferred  to  the  Interior  Department. 

WAR   DEPARTMENT 

The  next  department  established  was  the  War  Department,  created 
b}^  the  act  of  August  7,  1789  (I  U.  S.  Stat.,  19),  and  was  originally 
vested  with  jurisdiction,  under  the  direction  of  the  President,  over 
both  military  and  naval  affairs,  over  land  grants  foi-  militar}^  services^ 
and  over  Indian  affairs.     Its  jurisdiction  over  naval  affairs  it  retained 


LEGISLATIVE    HISTORY  423 

until  April  30,  ITOS,  when  the  Navy  DopartiiKMit  was  created;  its 
iurisclictioii  over  land  orants  was  transferred  to  the  Treasury  Hepart- 
nient  in  lTsi>  and  ITIKJ,  and  its  jurisdiction  over  Indian  atl'airs  was 
transferred  to  the  Interior  Department  in  18-H*.  In  Js;i;}  the  I)ei>:>.rt- 
nient  was  oiven  jurisdiction  over  the  matter  of  military  i)cnsions,  which 
it  retained  until  1841',  when  the  Interior  Department  was  estiiblished. 
Diu-in^apartof  this  time  the  War  Department  and  Navy  Department 
jointly  exercised  jurisdiction  over  military  and  naval  pensions,  and  it 
still  retains  the  so-called  Record  and  Pension  Oflice. 

TKKASUUY    DEPARTMENT 

The  next  deparimeiit  established  was  the  Treasurv  Department, 
cnnited  hy  the  act  of  SeptiMuber  2,  ITS!)  (1  U.  S.  Stat.,  05).  It  was 
orlt>inally  vested  with  jurisdiction  over  the  financial  and  fiscal  ati'airs 
of  the  (xovernment,  with  the  collection  and  expenditure  of  the  pul)lic 
revenue,  and  was  also  vested  with  jurisdiction  over  the  sale  of  public 
lands,  w^hich  it  retained  until  the  Interior  Department  was  created  in 
1849. 

NAVY    DEPARTMENT 

The  next  department  established  was  the  Navy  Department,  created 
by  the  act  of  April  30,  1798  (1  U.  S.  Stat.,  553),  and  vested  with  juris- 
diction over  naval  afi'airs.  This  Department  had  also  for  a  time 
jurisdiction  over  the  matter  of  naval  pensions,  until  the  same  was 
transferred  to  the  Interior  Department  in  1849. 

INTERIOR    DEPARTMENT 

The  Interior  Department  was  established  l)v  tlie  act  of  IVIarch  3, 
1849  (9  U.  S.  Stat,,  39()).  It  was  oriu-lnally  given  jurisdiction  over 
patents  for  inventions,  over  the  land-office  business  of  the  Government, 
over  Indian  affairs,  over  pensions,  over  the  census,  over  the  accounts 
of  the  officers  of  United  States  courts,  and  over  public  buildinos.  Its 
jurisdiction  over  public  buildings  was  a])olished  in  1867,  and  its  juris- 
diction over  the  accounts  of  judicial  officers  was  transferred  to  the 
Attorney-General  in  1870. 

POST-OFFICE    DEPARTMENT 

In  1789  (1  U.  S.  Stat.,  70)  a  post-office,  with  a  Postmaster-General, 
was  established  and  given  jurisdiction  over  the  postal  ati'airs  of  the 
(Government.  Bv  the  acts  of  Fel)ruarv  20,  1792  (L  U.  S.  Stat,  234), 
and  May  8,  1794 "(1  U.  S.  Stat.,  357),  a  General  Post-Office  was  estab- 
lished, with  a  Postmaster-General  at  the  head;  and  finallv,  on  June  8, 
1872  (17  U.  S.  Stat,  283),  the  Post-Office  Department  was  established 
as  one  of  the  Executive  Departments,  with  jurisdiction  over  all  the 
postal  atlairs  of  the  Government. 

THE    DEPARTMENT   OF   JUSTICE 

On  Septeml)er  24,  1789  (1  V.  S.  Stat.,  93),  the  office  of  Attorney- 
General  was  created,  wiiose  duty  it  was  to  conduct  all  suits  on  behalf 
of  the  Government  in  the  Su})reme  Court  of  the  United  States,  and  to 


424  LEGISLATIVE    HISTOEY 

ff'ive  advice  and  opinion  upon  questions  of  law  when  required  by  the 
President  or  the  heads  of  any  of  the  departments.  By  the  act  of  June 
22,  1870  (16  U.  S.  Stat.,  162),  the  Department  of  Justice  was  created, 
with  the  Attorney-General  at  its  head. 

DEPARTMENT    OF   AGRICULTURE 

By  the  act  of  May  15,  1862  (12  U.  S.  Stat.,  387),  the  Department  of 
Agriculture  was  created,  with  a  Commissioner  of  Agriculture  at  the 
head.  This  was  afterwards  changed  into  an  executive  department, 
with  a  Secretary  of  Agriculture  at  the  head,  ))v  the  act  of  Februar}^  9, 
1889  (25  II.  S.  Stat,  659).  This  Department^  has  jurisdiction  of  an 
advisory  character  over  the  agricultural  atl'airs  of  the  country. 

From  this  brief  summary  it  will  appear  that  the  Government  first 
started  out  with  only  three  Executive  Departments — namely,  the  State, 
War,  and  Treasury — and  in  connection  with  these  departments,  for 
administrative  purposes,  there  was  a  Postmaster-General  and  Attorney- 
General,  neither  of  whom,  however,  was  head  of  an  Executive  Depart- 
ment. The  executive  business  of  the  Government  was  conducted 
under  t^hese  five  heads  until  in  1798,  when  the  Navy  Department  was 
established,  wdiich  withdrew  the  naval  affairs  from  the  War  Department. 
In  1849  the  Interior  Department  was  formed  by  absorbing  the  patent 
business  from  the  State  Department,  the  land-office  business  from  the 
Treasury  Department,  Indian  affairs  from  the  War  Department,  pen- 
sions from  the  War  and  Navy  departments,  and  census  from  the  State 
Department. 

It  will  be  observed  from  the  foregoing  statement  that  the  Govern- 
ment, in  1789,  really  distributed  its  public  business  among  five  distinct 
branches  of  the  Government — practically  five  departments — the  State, 
War,  Treasury,  Post-Oftice,  and  Department  of  Justice.  It  is  true 
that  in  the  last  two  cases — that  of  the  Post-Office  Department  and  the 
Department  of  Justice — they  did  not  become  full-Hedged  departments 
until  a  much  later  day,  but  the  direction  and  control  of  the  postal 
business  was  assigned  to  the  Postmaster-General  and  of  the  judicial 
business  to  the  Attorney-General  as  separate  and  distinct  branches  of 
the  public  service  at  that  early  da3\  As  a  matter  of  fact,  then,  there 
has  really  been  onl}'  an  addition  of  three  departments — that  of  the 
Navy,  Interior,  and  Agriculture— within  a  period  of  one  hundred  and 
twelve  years.  It  will  be  o])served  that  the  Interior  Department  natu- 
rally and  inevitably  arose  from  an  extraordinary  accunmlation  of  public 
business  in  the  other  departments  of  the  Government.  The  two  great 
departments  of  the  public  service  (if  we  take  into  account  the  different 
classes  of  public  business  involved  and  the  number  of  emploj^ees)  are 
the  Treasury  and  Interior  departments.  The  business  of  these  depart- 
ments has  expanded  to  a  large  and  varied  extent.  If  we  look  at  the 
number  of  employees  in  the  respective  departments  here  at  Washing- 
ton, we  find  the  condition  to  ])e  as  follows: 

There  are  in  the  Department  of  Justice  111,  Navy  Department  324, 
State  Department  95,  Post-Otfice  Department  697,  Agricultural  Depart- 
ment 804,  War  Department  1,787,  Interior  Department  4,440,  and 
Treasury  Department  4,881  employees.  From  these  figures  it  appears 
that  both  the  Interior  and  Treasur}"  departments  have  each  a  greater 
number  of  employees  than  all  the  other  departments  of  the  Govern- 
ment combined. 


LEGISLATIVE    HISTORY  425 

If  WO,  look  at  tho  duties  ussimied  to  oiicli  of  thoso  several  depart- 
ments, we  find  that,  outside  of  tlie  Treasury  and  Interior  departments, 
the  other  departments  are  mainly  chari^inl  with  a  sin<ile  class  of  puh- 
lic  business  the  State  Depai'tment  with  I'orc'inii  atfairs,  I)ej)aitment 
of  Justice  with  judicial  atlaiis,  Na\y  I)(>i)ai-tment  with  naval  allairs, 
Post-Otlice  Hepartment  with  the  postal  business  of  the  country.  ^Var 
Department  witii  military  atl'airs  and  the  improyeuient  of  riyers  and 
harbors,  and  the  Aoricultural  Department  with  aoricultural  luatters. 
But  when  we  come  to  the  Treasury  and  the  Interior  departments  we 
tind  each  of  these  departments  vested  with  a  lar^re  num))er  of  separate 
and  distinct  public  duties  disconnected  with  each  other. 

Take,  for  instunc<\  the  Interior  Department:  It  has  to-day  charge 
of  the  General  J.andOtHce,  Indian  Office,  J*ension  OtHce,  Patent  Office, 
Bureau  of  Education,  Census  OlHce,  Conunissionerof  Railroads,  Archi- 
tect of  the  Capitol,  (Jeolooical  Sui-yey,  (Joyernment  Hospital  fortius 
Insane,  and  the  Columbia  Institute  for  the  Instruction  of  the  Deaf  and 
Dumb. 

The  Treasury  Department  stands  charg-ed  with  a  still  orcater  xariety 
of  diversified  duties  and  sul)jects.  It  has  charoe  of  all  the  fiscal  and 
monetary  affairs  of  the  Goyernment,  includino-  the  issuance  and  main- 
tenance of  a  safe  and  sound  currency,  the  collection  and  disburstMuent 
of  the  revenues  of  the  Government,  the  auditing-  and  i)aying  of  all 
public  accounts  and  claims  in  the  several  departments  of  the  Govern- 
ment, the  pu])lic  debt,  and  the  coinage.  All  this  business  is  mainl}^ 
distributed  in  the  following  disisions,  offices,  and  bureaus,  to  wit: 

Treasurer  of  the  United  States,  Director  of  the  Mint,  Comptroller 
of  the  Currenc}",  Bureau  of  Engraving-  and  Printing,  Division  of 
Public  Moneys,  Division  of  Loans  and  Currency,  Secret  Service 
Division,  Comptroller  of  the  Treasury,  Register  of  the  Treasury, 
Auditor  for  the  Treasury  Department,  Auditor  for  the  War  Depart- 
ment, Auditor  for  the  Interior  Department,  Auditor  for  the  Navy 
Department,  Auditor  for  the  State  and  other  Departments,  Auditor 
for  the  Post-Otfice  Department,  national-l)ank  redemption  agencies, 
Commissioner  of  Internal  Revenue,  Commissioner  of  Customs,  and  the 
Revenue-Cutter  Service. 

In  addition  to  these  offices,  divisions,  and  bureaus,  which  all  pertain 
to  the  financial  and  fiscal  atfaii's  of  the  Goyernment,  this  Department 
has  charge  of  the  following  bureaus,  offices,  and  divisions  of  the  pub- 
lic service: 

The  Supervising  Architect,  Bureau  of  Statistics,  Life-Saving  Serv- 
ice, Commissioner  of  Navigation,  Office  of  Steam))oat  Inspection,  Light- 
House  Board  and  Light-House  Service,  Coast  and  (leodetic  Survey, 
Marine-Hospital  Service,  and  Bureau  of  Immigration. 

It  is  apparent  that  none  of  these  branches  of  the  puldic  service  has 
any  immediate  or  direct  connection  with  or  is  germane  to  the  prin- 
cipal and  most  important  duties  of  the  Treasury  Department.  This 
Department  stands  charged,  chiefly  and  first  of  all,  with  the  financial 
and  fiscal  affairs  of  the  Government,  with  all  that  pertains  to  finance 
and  revenue,  and  ought  not  to  be  charged  with  duties  foreign  to  these 
subjects.  These  other  branches  of  the  public  service,  which  lie  out- 
side of  the  subject  of  finance  and  i-e\-eiui(\  ])ortain  more  directly  to  the 
subject  of  connnerce,  mamifactures,  and  other  industries. 

It  is  also  to  t  e  noted  in  this  connection  that  in  none  of  the  depart- 
ments of  the  Government  have  we  any  bureau  or  division  of  the  public 


426  LEGISLATIVE    HISTOKY 

service  to  which  is  committed  the  promotion  of  the  manufacturing  and 
mining-  industries  of  the  countr}' — two  very  important  branches  of  our 
industrial  life.  In  view  of  our  great  progress  and  development  i n  min- 
ing and  manufacturing  industries,  which  now  far  exceed  the  al)ility  to 
supply  our  own  wants,  and  in  view  of  the  urgent  necessity  of  securing 
more  extensive  markets  abroad,  it  must  l)e  apparent  to  anyone  who 
gives  the  suijject  the  least  thought  that  there  is  an  urgent  demand  for 
the  establishment  of  a  department  of  the  public  service  to  have  the 
charge  of  and  to  aid  in  our  industrial  development,  and  to  secure  us 
better  and  more  extensive  markets  abroad. 

This  fact  is  now,  and  has  for  many  years  been,  recognized  by  all  the 
principal  commercial  jjodies  throughout  the  country,  and  there  seems 
to  be  an  urgent  demand  throughout  the  industrial  world  for  such  a 
department.  Most  of  the  other  great  governments  of  the  world  have 
a  department  of  this  kind.  England  has  her  board  of  trade;  France, 
her  minister  of  commerce  and  industry;  The  Netherlands,  a  minister 
of  public  works  and  commerce;  Austria-Hungary,  a  minister  of  com- 
merce and  national  industries;  Italy,  a  minister  of  commerce,  industr}^, 
and  agriculture;  Spain,  a  minister  of  commerce,  agriculture,  and  pub- 
lic works;  Portugal,  a  minister  of  public  works  and  industry,  and 
Russia  has  just  established  a  ministry  of  commerce  and  industr}^ 
instead  of  having  it,  as  heretofore,  a  branch  of  the  finance  ministry. 
In  all  of  these  Governments  the  fact  is  recognized  that  a  department 
of  this  kind  is  essential  and  necessary  for  the  care,  promotion,  and 
development  of  conmierce  and  manufactures.  The  United  States,  in 
order  to  be  on  a  footing  of  equality  and  in  order  to  be  fully  equipped 
to  enter  the  competitive  field  with  the  strongest  nations,  ought  to  take 
a  lesson  from  and  be  guided  by  these  examples. 

In  order  to  make  such  a  department  useful  and  effective,  and  in  order 
to  fully  equip  it  with  all  the  necessary  appliances  to  execute  its  great 
task  and  purpose,  it  ought  to  be  vested  with  all  l)ranches  and  depart- 
ments of  the  public  service  relating  and  germane  to  the  subject  of  com- 
merce, manufactures,  and  otlier  industries. 

The  bill  now  under  consideration  is  framed  to  carry  out  this  purpose 
and  idea.  It  esta))lishes  in  the  proposed  Department  a  new  bureau,  to 
be  known  as  the  Bureau  of  Manufactures;  to  have  charge  of  the 
manufacturing  interests  of  the  United  States;  to  gather,  compile,  and 
publish  information  in  respect  to  the  sanu>,  and  information  in  respect 
to  securing  markets  for  our  products  abroad,  and  to  assist  in  develop- 
ing the  manufacturing  industries  of  the  United  States  and  the  markets 
for  the  same.  It  transfers  to  this  new  Department  from  the  Treasur}^ 
Department,  the  Life-Saving  Service,  the  Light-House  Service,  the 
Marine-Hospital  Service,  the  Steamboat-Inspection  Service,  the  Bureau 
of  Navigation,  and  the  United  States  Shipping  Commissioners,  the 
Bureau  of  Inuuigration,  the  Bureau  of  Statistics,  and  the  United  States 
Coast  and  Geodetic  Survey;  and  from  the  Interior  Department  the 
Commissioner  of  Railroads,  the  Patent  Office,  the  Census  Office,  and 
the  Geological  Survey;  and  from  the  State  Depai'tment  the  Bureau  of 
Foreign  Conunerce,  and  consolidates  that  with  the  Bureau  of  Statistics, 
transferred  from  the  Treasury  Department. 

It  transfers  the  Geological  Survey  from  the  Interior  Department  to 
this  new  Department,  and  makes  the  Director  of  the  (reological  Survey 
the  chief  of  a  Bureau  of  Geological  Survey  and  Mining,  and  it  also 
transfers  the  Department  of  Labor  and  the  Office  of  Commissioner  of 


LEC4ISLATIVE    HISTORY  427 

Fish  and  Fisheries,  neither  of  which  belonus  to  any  of  the  j^re.at  Exec- 
utive Departments,  to  the  new  I)(']>aitnient.  It  will  reaclily  he  per- 
ceived from  a  mere  ins})ecti()n  that  the  bureaus,  (h'pai'tments,  and 
])ranehes  of  the  pul)li('  sei'vice  tiuis  transferred  to  the  new  Department 
are  all  intimately  eoimeeted  with  and  directly  pertain  to  the  sul»ject  of 
commerce,  manufactures,  mininti'.  and  other  industrial  enterprises. 

The  salaries  of  the  othcers  and  employees  of  the  several  bureaus, 
departments,  and  ))ranches  of  the  public  service  thus  transferred  to 
the  new  Department  remain  unchanged.  The  bill  increas(\s  the  salary 
roll  only  to  the  extent  of  ss.dOO  for  the  Secretary,  ^-l:,<>0(»  for  the 
Assistant  Secretary,  and  f^H.OOO  for  the  Chief  of  the  Ikireau  of  Manu- 
factures.     In  all,  ^1  :).(>(  10. 

In  addition  to  this  it  will  be  necessar}'  to  make  appropriation  for  a 
limited  clerical  force  in  the  Bureau  of  jNIanufactures,  and  perhaps  a 
few  additional  cl(M-ks  in  the  Bureau  of  Geolog'ical  Survey  and  Miiun**-, 
and  a  few  clerks  in  the  Secretary's  othce.  The  ag'greo^atc  increase  for 
salaries  is  not  likely  to  exceed  the  sum  of  from  $40,000  to  ^50,000  a 
year.  The  expenses  involved  in  establishino-  this  new  Department  will 
be  insignificant  in  comparison  with  the  great  work  to  be  done  and  the 
great  results  that  can  be  obtained. 

Your  committee  are  tirmly  convinced  that  there  is  an  urgent  demand 
and  an  urgent  necessity  for  the  establishment  of  this  new  Department, 
and  accordingly  recommend  the  passage  of  said  bill,  w'ith  some  amend- 
ments. 


DEBATE  IN  SENATE 

The  discussion  in  the  Senate  began  on  Januarj^  13,  1902,  when  Mr. 
Nelson  moved  that  the  Senate  proceed  to  the  consideration  of  the  bill 
(S.  509)  to  establish  the  Department  of  Commerce,  as  in  Committee  of 
the  Whole.     This  having  been  agreed  to,  ]VIr.  Nelson  said: 

Mr.  Nelson.  Mr.  President,  I  do  not  intend  to  take  up  the  time  of  the  Senate  in 
any  lengthy  general  del)ate,  and  for  that  reason  I  have  prepared  a  very  brief  state- 
ment, wliich  I  shall  read  to  the  Senate  in  order  to  save  time,  giving  the  purpose  and 
scope  of  the  ImH. 

(1 )  There  is  among  our  Executive  Departments  no  department  that  stands  charged 
with  the  care,  promotion,  and  development  of  our  vast  connnercial,  manufacturing^ 
mining,  and  other  industrial  enterprises.  The  agricultural  interests  of  the  country 
are  well  served  and  taken  care  of  l)y  the  Agricultural  Department,  but  the  other  great 
industi'ies  of  our  country,  as  well  as  our  great  commerce,  are  without  any  direct  gov- 
ernmental guidance  and  assistance.  These  vast  intere^^ts  of  our  people — the  great 
throhbings  of  our  economic  and  industrial  life — have  no  governmental  head,  direc- 
tion, or  guidance,  hut  are  left  to  shift  for  themselves  without  any  system,  harmony, 
or  unity  of  action,  so  essential  to  thorough  and  permanent  })rogress.  Such  a  condition 
is  not  <mly  hampering  in  dealing  with  ourselves,  Init  is  much  more  embarrassing, 
retarding,  and  injurious  when  we  come  to  compete  with  other  nations  and  enter  the 
competitivi^  held  of  the  world's  tratiic  and  commerce.  To  enter  the  markets  of  for- 
eign countries  effectively  and  systematically  we  must  thoroughly  familiarize  ourselves 
with  the  laws,  trade  conditions,  resources,  and  w'ants  of  those  countries.  This  can 
only  l)e  done  systematically  and  effectively  through  an  organ  of  our  (Jovernmeiit 
charged  with  such  task — thegatheringand  dissemination  of  the  neces.«ary  information. 

This  matter  is  now  becoming  more  important  and  more  urgent  than  ever  before. 
Our  i)rodiictive  cai)acity,  pres.sed  by  an  abundance  of  capital,  labor,  and  raw  mate- 
rial, tar  exceeds  our  own  wants,  and  will  so  continue  with  increased  force  and  per- 
sistence, so  that  the  gr<>at  problem  is  and  will  continue  to  be  to  .^ecure  and  hold 
greater  and  more  extensive  markets  abroad.  To  American  cajiital,  American  labor, 
ami  American  enterprise  this  is  a  most  vital  (juestion.  M'ithout  greater  markets 
abroad  industrial  stagnation  anil  congestion,  sui)erinduccd  by  too  rapid  production, 


428  LEGISLATIVE    HISTOKY 

are  liable  at  any  time  to  pet  in  and  produce  a  reaction  that  will  be  demoralizing, 
damaging,  and  destructive  to  all  classes  of  our  people,  and  will  not  only  ])ring  an 
et'onomic  convulsion,  but  will  also  raise  serious  social  pro])lems,  difficult  to  meet 
and  adjust.  There  is,  therefore,  from  this  standpoint  and  view,  an  urgent  demand 
for  a  Department  of  Commerce,  to  act  as  an  intermediary  and  support  for  the 
American  people  in  meeting  and  solving  these  problems. 

(2)  All  the  other  countries  of  the  world,  great  and  small,  have,  with  but  few 
exceptions,  felt  the  need  of  such  a  governmental  organ  and  help  and  have,  in  sul)- 
■stance,  in  one  former  another,  such  a  department  as  is  contemplated  in  this  bill. 
And  what  other  countries  have  felttlie  need  and  made  use  of  we  ought  to  avail  our- 
selves of,  too.  Without  the  help  of  such  Department  we  will  not  be  on  a  footing  of 
equality  and  will  in  many  respects,  as  against  our  commercial  and  industrial  rivals, 
be  handicapped  and  at  a  great  disadvantage. 

(3)  All  this  has  been  apparent  for  a  long  time  to  our  commercial  and  industrial 
world.  The  boards  of  trade,  chambers  of  commerce,  and  other  similar  organiza- 
tif)ns  of  all  our  larger  cities  and  industrial  centers  throughout  the  land,  east  and  west, 
north  andsouth,  with  oneaccord,  by  memorial,  resolution,  petition,  andletter,  petition 
and  ask  for  legislation  estaljlishing  such  a  Department.  The  President  of  the  United 
States  has  seen  the  necessity  and  demand  for  such  a  Department,  and  hence  in  his 
last  annual  message  recommended  the  measure  to  Congress. 

(4)  There  is  further  a  cogent  reason  for  the  establishment  of  such  department.  It 
is  this:  That  some  of  the  other  departments  are  overloaded  and  overburdened  with 
work  and  duties  foreign  to  their  main  and  chief  purpose  and  not  germane  to  their 
principal  functions.  This  is  especially  true  of  the  Treasury  Department.  The  Interior 
Department  was  establislied  in  1849  to  relieve  the  other  de])ai'tments  of  some  of  their 
burdens.  Nearlj^  all  the  business  assigned  to  it,  in  the  first  instance,  came  by  trans- 
fer from  the  other  departments.  It  took  the  Patent  and  Census  offices  from  the  State 
Department,  Pensions  and  Indian  Affairs  from  the  War  Department,  and  the  General 
Land  Office  from  the  Treasury  Department.  There  is  fully  as  much  occasion  and 
necessity  now  for  relieving  some  of  the  other  departments  of  their  burdens  as  there 
was  in  1849.  There  is  also  this  further  reason:  That  there  are  scattered  in  the  various 
Executive  Departments  divisions,  Inireaus,  and  branches  of  the  public  service  dis- 
connected with  and  isolated  from  the  principal  functions  of  the  department,  but  all 
connected  with  and  relating  to  our  commercial  and  industrial  development.  If  these 
several  divisions  and  branches  of  the  public  service  can  be  grouped  under  one  head 
and  be  inade  to  articulate  in  harmony  and  for  a  common  purpose  and  end,  instead  of 
being  isolated,  they  will  become  much  more  useful  and  effective  and  accomplish 
much  more  good,  l)oth  singly  and  in  the  aggregate. 

The  bill  estal)lishing  the  Department  of  Commerce  makes  it  "the  province  and 
duty  of  the  Department  to  foster,  promote,  and  develop  the  foreign  and  domestic 
commerce,  the  mining,  manufacturing,  shipping,  and  fishery  industries,  the  labor 
interests,  and  the  transportation  facilities  of  the  United  States."  It  estal)lishes  two 
new  bureaus  which  do  not  now  exist — a  Bureau  of  Manufactures,  to  foster,  promote, 
and  develop  the  various  manufacturing  industries  and  markets  for  the  same  at  home 
and  al)roacl,  and  a  Bureau  of  INIining,  to  which  is  attached  the  Geological  Survey, 
charged  with  the  duty  of  fostering,  promoting,  and  developing  our  various  mining 
industries.  The  bill  transfers  from  the  Treasury  Department  the  following  branches 
of  the  public  service,  which  are  not  germane  to  and  have  not  any  direct  connection 
with  the  fiscal  or  financial  affairs  of  the  Government — to  wit,  Life-Saving,  Light- 
House,  Marine-Hospital,  and  Steamboat-Inspection  Service,  Bureau  of  Navigation 
and  Shipping  Commissioners,  Bureau  of  Lnmigration,  Bureau  of  Statistics,  and 
Coast  and  Geodetic  Survey — and  from  the  State  Department  the  Bureau  of  Foreign 
Commerce  and  consolidates  with  the  Bureau  of  Statistics. 

All  the.se  matters  pertain  not  to  the  financial  or  fiscal  affairs  of  the  Government, 
but  Senators  can  all  see  that  they  have  a  direct  relation  to  the  vast  shipping  indus- 
tries of  the  country.  The  bill  transfers  from  the  Interior  Department  the  Commis- 
sioner of  Railroads,  the  Census  and  Patent  offices,  and  also  the  {Geological  Survey, 
which  is  attachetl  to  the  new  Bureau  of  Mining.  The  Department  of  Labor  and  the 
Commissioner  of  Fish  and  Fisheries,  both  outside  of  any  Executive  Department,  are 
also  transferred  to  the  new  Department. 

It  will  he  perceived  by  a  mere  inspection  that  the  branches  of  the  public  service 
thus  transferred  to  the  Department  of  Commerce  are  all  connected  with  and  germane 
to  the  work  and  duties  assigned  to  the  new  Department.  By  securing  harmony  and 
cooperation  imder  one  head,  and  by  causing  them  to  articulate  together  and  for  one 
great  common  ])uri)ose,  all  these  branches  of  the  public  service  will  become  more 
useful  and  effective,  anil  in  the  aggregate  will  be  able  effectively  to  carry  out  and  dis- 
charge the  work  and  duties  of  the  new  De])artment. 


LEGISLATn  K    lIISToKY  429 

AVhllo  tluM'oiisular  servii'i',  on  ai'i-ouiit  of  it.-j  (|na(^i-<li|)loiiiati<-  cliaracter,  in  .«oine 
caPos  is  still  rctaitied  by  tlio  State  Department,  nevertlu-less  all  our  consular  repre- 
sentative's are,  by  the  provisions  of  this  hill,  re<|nire(l,  under  tlie  direction  of  the  Sec- 
retary of  Conunerce,  to  ^rather  an<l  compile,  from  time  to  time,  nseful  and  material 
information  and  statistics  in  respi'ct  to  the  conunerce,  industries,  and  markets  of  tlie 
countries  and  places  to  which  such  consular  oilicers  are  accrediteil,  and  to  send 
reports  (luarterly,  or  oftener  if  required,  of  the  information  and  statistics  thus  gath- 
ered and  compiled  to  the  Secretary. 

The  increase  in  salaries  is  moderate  and  quite  limited — !?8,Jl)00  for  the  Secretary, 
$4,000  for  the  Assistant  Secretary,  and  s;!,0(H)  for  the  Chief  of  the  P.ureau  of  ManufaV- 
tures.  The  tieological  Survey  beiuij  transfi-rred  and  united  with  the  IJureau  of  .Min- 
ing, and  the  Chief  of  the  (Jeological  Survey  l)eing  made  the  liead  of  this  Bureau,  no 
adilitional  salary  is  involved.  A  limited  clerical  force  will  be  recpiired  in  the  Secre- 
tary's ottice  anil  in  the  Bureau  of  j\Ianufactures,  and  a  few  additional  clerks  in  the 
Bureau  of  Mining  and  ( ieological  Survey.  ( )utsi(le  of  this  there  is  no  occasion  for  an 
increase  in  the  clerical  force,  as  the  l)ureaus  and  divisions  transferred  are  now  all 
e(|nipped  with  an  ample  clerical  force.  In  my  opinion,  from  $50,000  to  ?(iO,000  jx-r 
year  would  fully  cover  all  increase  of  salary  involved  in  the  e.stablishmeut  of  this 
Department. 

This  Dei)artment,  equipped  as  contemplated  in  this  bill,  will  l)e  a  most  potent  factor 
in  our  commercial  and  industrial  development.  It  will  aid  us  in  extending  our  com- 
merce at  home  and  abroad.  It  will  aid  us  in  securing  better  and  greater  markets 
for  all  American  products  abroad.  It  will  protect  our  lalioring  men  against  improper 
immigration  ami  bring  them  in  closer  relation  and  better  harmony  with  the  employers 
of  labor.  It  will  serve  to  remove  the  many  clogs  and  draw])acks  in  our  influstrial 
development.  It  will  breathe  new  life  and  vigor  into  the  industrial  life  of  the  nation 
and  do  for  that  what  the  Agricultural  Department  is  doing  so  well  and  effectively 
for  the  American  farmer. 

I  desire  to  add  a  few  words  supplemental  to  this  brief  statement  of  the  scope  and 
merits  of  the  bill.  This  measure  was  originally  prepared  in  the  Fifty-fifth  Congress 
by  the  Senator  from  ^Slaine  [^Ir.  Frye],  who  so  al)ly  presi<les  over  the  deliberations 
of  this  l)ody.  No  action  was  taken  on  the  bill  at  that  time.  In  the  last  Congress  the 
bill  was  referred  to  a  subcommittee,  of  which  I  had  the  honor  of  being  chairman. 
The  bill  was  somewhat  amended  and  reported  favorably,  I  think,  about;  the  middle 
of  the  last  session.  It  remained  on  the  Calendar,  and  we  were  unable  to  reach  it  at 
that  time.  The  bill  is  now  substantially  the  same,  with  some  changes  in  phraseologj' 
to  improve  its  language,  as  that  which  was  on  the  Calendar  of  this  body  during  the 
latter  half  of  the  last  session. 

Mr.  Cl.\y.  'Will  the  Senator  from  jNIinnesota  i)ermit  me  to  ask  hini  a  question? 

Mr.  Nelson.  Certainly. 

Mr.  Clay.  Is  it  not  true  that  this  measure  came  from  the  Committee  on  Commerce 
at  the  last  session  of  Congress  with  a  unanimous  report,  and  that  it  comes  from  the 
Connnittee  on  Commerce  at  this  nession  with  a  unanimous  report? 

]Mr.  Nelsc^x.  Certainly.  I  am  glad  the  Senator  from  Georgia  has  called  my  atten- 
tion to  that  fact. 

Mr.  Clay.  Both  political  parties  gave  the  bill  their  unanimous  support,  I  under- 
stand. 

Mr.  Nelsox.  At  the  last  session  the  Committee  on  Commerce  had  the  l)ill  under 
consideration  and  went  carefully  over  it,  and  there  was  a  unanimous  favorable  report 
from  the  connnittee,  and  the  same  connnittee,  with  some  additional  and  new  mem- 
bers on  it,  at  this  session  has  reported  it  in  the  same  manner. 

Mr.  Berry.   Will  the  Senator  from  Minnesota  yield  to  me  for  a  moment? 

Mr.  Nelson'.  Certainly. 

Mr.  Berry.  I  desire  to  state  that  I  was  not  present  in  the  committee,  either  at  the 
last  session  or  at  the  present  session,  when  the  report  was  ordered.  That  is  all  I 
wish  to  say  about  it. 

Mr.  Nelsox.  I  am  not  willing  to  take  up  the  time  of  the  Senate  any  further  in 
debating  or  discussing  this  question.  I  may  add,  however,  that  I  have  on  my  ilesk 
a  large  bundle  of  letters,  petitions,  communic-ations,  etc.,  from  commercial  Ixxlies, 
chambers  of  conunerce,  boards  of  trade  all  over  this  land,  all  earnestly  favoring  this 
measure.  I  am  willing  to  answer  any  (|uestions,  if  (|uestions  are  asked,  but  I  am  not 
disposed  further  to  take  uj)  tiie  time  of  the  Senate  in  del)ating  the  bill.  If  gentlemen 
would  like  to  hear  an  ex])lanation  as  to  any  i)articular  })oint  of  tlu' l)ill,  1  shall  be 
very  glad  to  exi)lain  it,  if  1  can. 

Now,  ]\[r.  President,  miless  there  is  some  other  disposition,  the  bill  having  once 
been  read  at  length,  I  ask  that  it  l)c  read  section  by  section  for  amendment. 

Mr.  Mallouy.  ISlr.  President,  I  desire  to  state,  in  reference  to  the  statement  made 


430  LEGISLATIVE    HISTORY 

here  that  the  hill  was  unanimously  reported  hy  the  Committee  on  Commerce  at  this 
session,  that  I  was  not  present  at  the  meeting  when  that  report  was  ordered  to  T)e 
made.  I  have  not  read  the  hill;  in  fact,  I  know  nothing  of  its  details,  although  1 
will  state  that  I  am  disposed  to  favor  a  Department  of  Commerce. 

]\Ir.  Teller.  I  wish  to  ask  the  Senator  having  the  hill  in  charge  whether  he  intends 
to  press  it  to  a  vote  to-day.     Is  that  the  purpose? 

IMr.  Nelson.  Not  necessarily,  if  there  are  any  objections.  I  do  not  intend  to  force 
the  measure  at  all. 

Mr.  Teller.  A  similar  bill  may  have  lieen  reported  at  the  last  session  of  Congress. 
If  it  was,  nobody  ever  called  the  attention  of  Congress  to  it.  I  confess  I  never  saw 
it.  I  did  not  know  it  was  here.  This  hill  has  appeared  on  our  tables  in  print  for 
the  first  time  this  morning.  Nobody  has  seen  it.  Nobody  has  had  an  opportunity 
to  see  it. 

Mr.  CuLLOM.  Will  the  Senator  from  Colorado  allow  me?  I  think  a  bill  similar  to 
this  passed  the  Senate  at  the  last  session. 

Mr.  Teller.  I  think  not.  It  may  be  that  there  is  necessity  for  this  bill,  V)ut  I  think 
there  is  necessity  for  some  amendments  before  it  is  passed. 

Mr.  Spooner.   Will  the  Senator  from  Colorado  allow  me  to  ask  him  a  question? 

Mr.  Teller.  Certainly. 

Mr.  Spooner.  I  do  so  because  of  the  Senator's  great  familiarity  with  the  subject,  he 
having  been  Secretary  of  the  Interior.  Now  that  the  entanglements  of  the  Govern- 
ment with  the  Pacific  railways  have  been  eliminated,  what,  under  the  law,  are  the 
remaining  functions  of  the  Commissioiier  of  Railroads? 

Mr.  Teller.  I  do  not  think  there  are  any.  I  think  the  othce  of  Commissioner  of 
Railroads  could  be  abolished  if  it  were  not  that  there  is  a  desire  occasionally  to  put  a 
man  in  office.     That  is  all  there  is  in  it  now. 

I  wish  to  ask  the  Senator  from  Minnesota,  who  seems  to  have  this  bill  in  charge, 
upon  what  theory  the  committee  propose  to  transfer  from  the  Interior  Department, 
which  has  charge  of  all  our  land  interests,  the  Geological  Bureau,  which  deals  largely 
wdth  questions  pertaining  to  mines  and  of  late  years  somewhat  with  reference  to  sur- 
veys of  public  lands  and  matters  that  pertain  particularly  to  such  lands.  1  wish  to 
know  upon  what  theory  that  provision  is  put  in.  I  think  it  is  the  first  time  it  has 
ever  been  })ut  in,  altliough  I  do  not  know. 

Mr.  Nelson.  No;  it  was  in  the  other  bill.  Will  the  Senator  allow  me  to  make  an 
explanation? 

Mr.  Teller.  That  is  what  I  want. 

Mr.  Nelson.  I  will  state  that  the  Geological  Survey,  with  which,  of  course,  the 
Senator  is  familiar,  he  having  been  at  the  head  of  the  Interior  Departnient.  belongs 
to  tlie  Interior  Department.  The  work  of  the  Geological  Survey  is  confined  largely 
to  exploring  our  mineral  resources  throughout  the  country  and  making  reports  on 
that  subject.  Now, 'this  l)ill  proposes  to  transfer  the  Geological  Survey,  just  as  it  is, 
Avithout  disturbing  its  functions  in  the  least,  to  this  new  De])artment,  and  couples 
with  it  a  Bureau  of  JSIining,  making  the  present  head  of  the  Geological  Survey  the 
head  of  the  new  Bureau,  termed  the  Bureau  of  Mining  and  Geological  Survey.  In 
addition  to  the  duties  that  are  now  imposeil  upon  the  Geological  Survey,  it  directs 
the  head  of  it  to  gather,  compile,  and  furnish  all  valuable,  necessary,  and  useful 
information  in  respect  to  the  mineral  resources  of  the  United  States.  It  is  simply 
cumulative,  and  does  not  in  any  way  change  the  scope  and  purpose  of  the  Geological 
Survey.  It  simply  adds  new  duties  and  makes  its  head  the  head  of  the  Bureau  of 
Mining  and  Geological  Survey. 

Mr.  Teller.  I  should  like  to  say  that  the  Geological  Survey  has  for  years  been 
doing  the  very  things  they  are  to  do  hereafter.  Whether  they  had  authority  to  do 
them  or  not,  they  have  been  doing  them. 

There  is  in  the  Land  Office  a  nuning  division,  which  deals  with  legal  ([uestions 
that  come  up  concerning  the  entry  and  patenting  of  mining  claims.  Do  1  understand 
that  by  this  bill  that  Inireau  will  be  transferred  to  the  Geological  Survey 

Mr.  Nelson.  No,  sir. 

Mr.  Teller.   Where  there  is  not 

Mr.  Nelson.   Will  the  Senator  allow  me? 

Mr.  Teller.  I  do  not  see  why  it  should  not  be,  if  you  are  to  take  the  mining  busi- 
ness from  the  Interior  Department,  where  it  l)elongs,  and  put  it  in  this  new  Depart- 
ment. 

Mr.  Nelson.  I  will  say,  if  I  am  not  interrupting  the  Senator  fi-om  Colorado,  that 
we  do  not  transfer 

Mr.  Teller.  No;  I  am  not  making  a  speech.     I  am  trying  to  get  information. 

Mr.  Nelson.  We  do  not  transfer  that  division  of  the  Interior  Department  relating 
to  mining  to  which  the  honorable  Senator  refers,  because  that  division  of  the  Inte- 
rior Department  is  charged  with  passing  upon  the  validity  of  mining  claims  and  the 


legislativp:  history  431 

entry  of  niininfi  claimp,  ami  mattors  of  tliat  kind.  Ail  tliat  pertains  to  entries  of 
land,  wlietlier  at.Mi(ulturai,  tiinher,  or  mineral  lands,  must  necessarily  })eloMf;  to  that 
Department,  l)eeanse  it  is  an  adjudicatin-r  and  an  ajiiK'Hate  Department  in  respect  to 
tiittse  mattei-s.  The  (ie(il()<iical  Survey,  tlie  Senator  will  rcnuMuher,  has  nothinji  to 
do  witii  passing  upon  the  validity  of  mineral  claims.  Tliat  is  foreij^n  to  its  purixise. 
The(  ifoioLMcal  Survey  is  transferred  and  its  Director  is  made  the  head  of  the  I>nrean 
of  ;\Iinin<::  and  (icolo>:ical  Survey,  which  is  simply  a  Bureau  of  an  advisory  character, 
to  irather  and  compile  and  disseminate  useful  informatiou  in  respect  to  the  mining 
industries  of  the  I'nited  States. 

Now,  the  other  hranch  of  the  service  to  which  the  honorable  Senator  refers,  which 
belongs  to  the  Interior  Department — I  refer  to  the  adjudication  of  and  passing  upon 
mineral  claims— it  seems  to  me,  and  I  think  the  Senator  will  agree  with  me,  ought 
to  be  left  in  the  Department  charged  with  i)assing  upon  our  i)ublic-land  (piestions. 
That  is  the  view  I  have  taken  of  it,  and  if  1  am  mistaken  I  shall  be  glad  to  liearfrom 
the  honoral>le  Senator  from  Colorado,  because  1  remeudx-r  well  that  for  many  yi'ars 
he  was  the  very  able  and  energetic  head  of  that  Department — one  of  the  ablest  men 
who  has  ever  had  charge  of  that  Department  with  whom  it  has  been  my  pleasure 
to  do  any  business. 

^Ir.  Tkli.kk.  1  nuist,  of  cour.se,  be  pleased  w'ith  the  compliment  which  the  Senator 
has  paid  me,  but  I  am  now  more  interesteil  in  getting  a  reasonable  and  decent  bill 
than  1  am  in  my  fame  as  Secretary  of  the  Interior. 

I  do  not  know,  and  1  do  not  believe  the  Senator  does,  and  I  do  not  believe  any- 
body else  does,  what  jurisdiction  the  (ieological  Bureau  will  have  or  assume  after 
tiiey  get  to  work  under  tins  bill.  I  want  a  little  opportunity  to  see  what  this  meas- 
ure is  going  to  do.  The  mining  interests  of  the  United  States  are  now  under  the  con- 
trol of  the  Interior  Deiiartment.  There  is  no  complaint  anywhere,  that  I  know  of, 
as  to  the  admini.stration  of  affairs  under  the  Dei)artment,  except  of  the  delav,  which 
is  occasioned  by  the  fact  that  the  Department  have  not  the  force  they  ought  to 
have.  Last  year  there  were  more  mining  properties  entered  and  patented  than  in 
any  other  year  in  our  history,  and  the  number  will  increase  every  year,  undoubt- 
edly. While  I  have  no  objection  to  the  Geological  Bureau  making  any  geological 
surveys  and  geological  reports  which  they  now  make,  which  intimately  and  closely 
coiniect  the  discovery  and  exploiting  of  veins,  etc.,  I  do  not  want  it  to  be  possible 
that  they  shall  l)e  a  mining  bureau  that  can  take  charge  in  any  way  or  manner  of 
the  work  that  is  now  being  done  in  the  Interior  Department.  I  think  this  bill  will 
need  some  little  regulation  liefore  we  get  through  with  it. 

Mr.  Nelson.  Will  the  Senator  in  this  connection  allow'  me  t(j  say  a  few  words 
more? 

Mr.  Teller.  Proceed. 

Mr.  Nelsox.  I  desire  first  to  call  his  attention  to  section  6: 

That  the  oflifo  of  Director  of  the  Geolofrieal  Survey,  and  all  tliat  pertains  to  the  same,  is  hereby 
transferred  from  tlie  Department  of  the  Interior  to  the  Department  of  t'oimiierce;  and  there  is  hereby 
established  in  the  Department  of  Commerce  a  bureau  to  be  known  as  the  Bureau  of  Mining  and 
Geological  Survey,  of  which  the  Director  of  the  Geological  Survey  shall  be  the  head;  said  Bureau — 

Now,  here  is  the  language  to  which  I  wish  to  call  the  attention  of  the  Senator: 

Said  Bureau  shall  have  charge  of  the  Geological  Survey,  and  it  shall  also  be  its  province  and  duty 
to  foster,  promote,  and  develop  the  mining  indu.stries  of  the  United  States  by  gathering,  compiling, 
and  disseminating  practical  and  useful  information  concerning  the  mineral  resources  and  mining 
industries  of  the  United  States,  and  by  such  other  method.s  as  may  be  directed  by  the  Secretary  or 
pre.seribeil  by  law. 

Now,  in  this  connection,  permit  me  to  call  the  Senator's  attention  to  the  last 
proviso  on  page  7,  line  19: 

And  proi'idcd  fnrtlirr.  That  all  laws  prescribing  the  work  and  defining  the  duties  of  the  several 
bureaus,  otiiees,  departments,  or  branches  of  the  i>ublic  service  by  this  act  transferred  to  and  made  a 
part  of  the  Department  of  Commerce  shall,  so  far  as  the  sameare  not  in  conflict  with  the  provisions  of 
this  act,  remain  in  full  force  and  effect  until  otherwi.se  provided  by  law. 

Now,  the  jurisdiction  over  mineral  lan<ls  and  mineral  entries  and  all  that,  to  which 
the  Senator  refers,  is  not  disturl)ed  in  the  least  bit.  It  leaves  the  (ieological  Survey 
with  exactly  the  scope  and  power  it  has  now,  and  then  entails  upon  it  the  duty  of 
acquiring  and  disseminating  useful  information  in  re.spect  to  our  mineral  resources. 
It  in  no  wise  di.^turbs  the  mineral  administration  of  the  Land  Department. 

]Mr.  Teller.  That  may  be  true.  What  I  wanted  the  Senator  to  tell  jne,  wliich 
he  has  not  told  me,  is  upon  what  theory  the  geological  work  is  proposed  to  be  put  in 
the  Department  of  Connnerce.     It  naturally  belongs  wliere  it  is. 

Mr.  Nelson.  While  this  Dejiartment  is  termed  the  Deiwrtment  of  Commerce, 
T  will  say  to  the  honorable  Senator  from  C<il<irado  that  in  tlie  original  bill  it  was 
called  the  Department  of  Commerce  and  Industries. 

Mr.  Teller.  I  think  that  would  be  a  better  term  fc)r  it  now. 


432  LEGISLATIVE    HISTORY 

Mr.  Nelson.  We  tliouglit  at  thi.s  time,  coinparmg  it  with  the  terminology  as  to 
other  departments,  that  it  would  be  better  to  leave  it  with  a  single  name.  We  have 
a  Department  of  State,  a  Department  of  War,  a  Department  of  the  Navy,  a  Post- 
Office  Department,  a  Department  of  Justice,  and  so  on,  ail  with  one  single  name, 
and  so  we  thought,  as  a  matter  of  simplicity,  that  it  was  Ijetter  to  have  one  single 
name  in  this  instance  and  to  call  it  the  Department  of  Commerce. 

Now,  we  grouped  it  under  this  head  for  this  purpose.  The  mining  industries  of 
the  United  States  are  of  great  importance.  They  are  perhaps  next,  or  nearly  so,  to 
our  great  agricultural  interests.  The  Senator  is  familiar  with  the  work  of  the  Geo- 
logical Survey. 

In  addition  to  that,  this  new  Department  is  required  to  gather  and  compile  statis- 
tics and  information  in  respect  to  our  mineral  and  mining  resources  and  to  dissem- 
inate it  among  the  public.  That  is  the  object  and  purpose  of  it,  and  inasmuch  as 
that  is  a  matter  which  ))ears  upon  our  commercial  and  industrial  interests,  we  thought 
it  prf)per  to  group  it  in  this  De])artment. 

I  have  heard  no  ol)jection  from  any  of  the  departments  in  respect  to  this  matter. 
All  of  the  heads  of  the  different  departments  are  familiar  with  this  bill,  and  from 
not  one  liead  of  a  department  am  I  advised,  directly  or  indirectly,  that  there  is  any 
objection  to  the  transfer  of  this  l)ureau  or  any  other  bureau. 

Mr.  Teller.  If  there  is  to  be  a  mining  Bureau  established,  and  it  does  not  do  any 
more  than  the  Senator  says  it  does,  it  is  not  worth  while  to  establish  it,  because  that 
work  is  now  being  done  l)y  the  Geological  Bureau,  and  nobody  is  finding  any  fault. 
There  has  been  entertained  by  the  miners  a  notion  that  they  ought  to  have  a  bureau, 
but  this  will  not  answer  their  demand  by  any  means. 

]Mr.  President,  so  far  as  I  am  coiu'erned,  I  want  a  chance  to  look  at  this  bill.  I 
have  not  seen  it  l)efore.  It  is  a  very  imjiortant  bill.  It  cuts  into  the  departments 
that  exist  without,  it  seems  to  me,  rhyme  or  reason,  and  it  will  make  a  Department 
bigger  than  some  of  the  old  departments  are.  I  do  not  think  the  bill  ougiit  to  be 
taken  up  at  this  time  and  in  this  way.  As  I  said,  the  bill  has  been  printed  only  this 
morning,  and  the  report  has  just  been  printed.  I  do  not  ask  to  displace  the  bill,  but 
it  ought  to  go  over  by  consent  until  some  of  us  can  have  a  chance  to  look  at  it. 

Mr.  LoixiE.  Mr.  President,  I  am  very  strongly  in  favor  of  this  bill.  I  l)elieve  it 
to  be  eminently  desirable.  I  shall  at  the  proper  time  offer  one  or  two  slight  amend- 
ments in  regard  to  tlie  method  of  transferring  the  commercial  statistics  from  the 
State  Department  to  tliis  i)ropose<l  De]>aitnient,  and  I  think  that  the  Senator  in  charge 
of  the  bill  will  have  no  objection  to  them  when  I  i)resent  them. 

It  is  very  proper  that  everything  which  comes  from  our  consuls  relating  to  the 
statistics  of  commerce  and  conveying  information  as  to  the  opportunities  to  develop 
commerce  in  foreign  countries  should  fall  under  the  new  Department.  But  it  is 
important  to  remember  that  the  consuls  also  report,  as  it  is  their  duty  to  do,  a  great 
deal  of  political  and  dij^lomatic  information.  Much  of  that  ought  not  to  be  printed; 
much  of  it  is  confidential.  In  many  places  the  consuls,  although  they  are  not  diplo- 
matic representatives,  jierform  the  duties  of  diplomatic  representatives,  owing,  per- 
haps, to  their  distance  from  the  center  where  the  minister  or  ambassador  may  he  or 
to  the  fact  that  they  are  representing  this  Government  in  a  colony  or  dependency  of 
some  other  power.  It  is  therefore  important,  Mr.  President,  that  before  their  com- 
mercial and  statistical  information  is  turned  over  to  the  Department  of  Commerce 
it  should  pass  through  the  hands  of  a  representative  of  the  Secretary  of  State  in  the 
State  Department. 

The  amen<lments  which  I  propose  to  offer  are  mere  matters  of  detail  and  do  not 
affect  the  i)urpose  of  the  bill  in  seeking  to  transfer  commercial  statistics  from  the 
the  State  Department  to  this  new  Department.  I  do  not  wish  to  be  understood  as 
in  any  sense  opposing  this  bill.  I  desire  merely  to  offer  amendments  which  I  think 
will  improve  it  and  make  more  specific  the  transfer  that  is  there  intended. 

This,  I  believe,  is  the  only  work  transferred  from  the  State  Department.  The 
other  transfers  come  from  the  Interior  and  the  Treasury  Departments.  I  believe 
those  Departments  to  be  now  greatly  overcrowded  with  work.  A  great  many  hetero- 
geneous and  dissimilar  subjects  are  crowded  in  upon  them.  I  believe  it  would  make 
for  good  administration  to  have  them  systematically  concentrated  under  one  head, 
as  proposed  in  tliis  bill,  and  I  am  only  sorry  that,  in  arranging  for  one  of  the  surveys 
to  go  there,  the  conunittee  did  not  provide  that  all  the  surveys  should  lie  concen- 
trated under  one  bureau  of  surveys,  which  should  be  in  the  new  department  or  in 
some  department,  instead  of  having  four  or  five  or  half  a  dozen  surveys  going  at 
once  at  enormous  exjiense,  and  not  yet  able  to  jtroduce  a  good  topographical  map  of 
the  United  States. 

I  think  the  bill  might  perhaps  l)e  improved  in  tliat  way,  but  that  is  in  the  direc- 
tion of  extending  the  measure  and  not  cutting  it  down.  As  I  read  the  bill,  I  believe 
most  of  the  bureaus  proposed  to  be  transferred  are  instrumentalities  of  commerce, 


LEGISLATIVE    HISTORY  433 

and  I  think  it  wnnld  make  very  nmfh  for  good  administration  to  bring  them 
togetiuT  under  a  new  department,  and  I  can  not  see  that  it  would  not  improve  both 
the  Interior  and  the  Treasury  Departments  to  1)0  somewhat  reHeved,  for  they  are 
now  very  greatly  overloaded  with  all  kinds  of  work.  But  in  discussing  the  l)ill  it 
may  be  found  betti'r  to  take  in  some  things  and  leave  out  otliers.  I  ho])e  the  Sen- 
ator from  ^Minnesota  will  press  the  bill  now,  while  the  Senate  is  not  engaged  with 
any  other  matter  requiring  immediate  attention,  for  I  think  it  would  be  very 
desirable  if  we  eould  deal  with  it  at  this  early  day  in  the  session. 

Mr.  H.M.K.  Mr.  President,  the  bill  is  ivrtainly  a  great  innovation  and  a  great  sur- 
prise to  some  Senators.  I  have  nt)t  known  what  was  in  it  or  what  was  contemplated 
l)y  it  until  this  morning.  "Whether  it  received  discussion  and  scrutiny  in  the  impor- 
tant Connnittee  on  Commerce  1  do  not  know,  but  I  have  been  told  that  it  passed 
without  any  discussion,  and  that  the  Senator  from  Minnesota  was  directed  to  report 
it 

Mr.  Nelson.  Will  the  Senator  from  Maine  allow  me  to  interrupt  him  at  this 
point? 

Mr.  H.\i>E.  Certainly. 

Mr.  Nelson.  I  will  say  that  this  same  bill,  or  snlistantiall)'  the  same  bill,  with  the 
exception  of  a  few  verbal  changes,  was  lirought  up  before  the  Committee  on  Com- 
merce at  the  last  session  and  fully  considered  by  everybody  present.  There  was 
quite  a  comprehensive  and  lengthy  report,  which  was  read  at  length,  and,  barring 
one  or  two  members  who  were  absent,  every  member  of  the  connnittee  fully  under- 
stood it.    It  was  fully  debated,  and,  so  far  as  I  know,  the  committee  are  unanimous. 

Mr.  CrLLO>L  May' I  interrupt  the  Senator  from  ^Minnesota  for  a  moment? 

Mr.  Nelson.  Yes,  sir;  but  1  am  speaking  in  the  time  of  the  Senator  from  Maine. 

Mr.  CuLLOM.  Will  the  Senator  from  Maine  allow  me  to  make  a  remark? 

Mr.  Hale.  Certainly. 

Mr.  CuLLOM.  I  stated  a  while  ago  that  I  understood  a  similar  bill  had  passed  this 
bod  J-  at  the  last  session.  I  find  I  was  mistaken  in  that  statement.  It  was  not  passed 
at  the  last  session  or  at  any  other  session,  but  I  remembered  distinctly  that  such  a 
bill  was  reported  by  the  Senator  from  Minnesota  either  at  the  last  session  or  the  one 
before,  and  at  that'  time  there  seemed  to  be  no  opposition  to  it.  I  failed  to  remem- 
ber the  fact  that  it  was  not  actually  passed.  I  thought  it  went  through  the  Senate 
and  was  sent  to  the  other  House,  but  I  find  I  was  mistaken.  I  desired  merely  to 
state  this  fact. 

Mr.  Nelson.  Will  the  Senator  from  Maine  allow  me  to  make  a  suggestion? 

Mr.  H.\le.  Certainly. 

Mr.  Nelson.  I  have  no  disposition  to  hurry  this  matter,  and  I  suggest  to  the  Sen- 
ator from  INIaine  and  the  Senator  from  Colorado  that  we  let  the  bill  go  over  and  take 
it  up  to-morrow  at  the  close  of  the  morning  business.     Can  we  agree  to  that? 

Mr.  Hale.  The  Senator  from  Illinois  [Mr.  IMason]  has  given  notice  that  he  will 
address  the  Senate,  or  seek  to  do  so,  to-morrow  after  the  close  of  morning  business, 
upon  a  subject  which  will  give  rise  to  extended  controversy,  and  that  will  have 
precedence.     I  should  not  want,  for  one,  to  agree 

Mr.  Nelson.  Very  well;  I  overlooked  that  fact.  Then  I  would  suggest  Wednes- 
day, at  the  close  of  the  morning  business. 

Mr.  Jones,  of  Arkansas.  Will  the  Senator  allow  me  to  suggest  that  the  limited 
number  of  Senators  present  ought  not  to  undertake  to  determine  what  the  Senate 
will  do  on  Wednesday.  The  Senator  from  Minnesota  can  move  to  take  up  his  bill 
whenever  he  pleases,  after  the  morning  business  is  disposed  of,  and  there  is  no  doubt 
the  Senate  will  go  ahead  with  it;  but  there  ought  not  to  he  any  attempt  to  secure 
unanimous  consent  for  a  proposition  of  that  sort,  in  view  of  the  limited  number  of 
Senators  now  present. 

Mr.  Nelson.  I  ask  unanimous  consent — I  think  there  will  be  no  objection — that 
this  bill  may  remain  as  the  unfinished  business. 

Mr.  Hale.  It  is  the  unfinished  business. 

Mr.  Nelson.  I  ask  unanimous  consent  that  it  remain  as  the  unfinished  business. 

Mr.  Hale.  The  Senator  does  not  need  to  do  that. 

Mr.  Teller.  It  will  remain  the  unfinished  tiusiness  unless  displaced. 

Mr.  Jones,  of  Arkansas.  No;  it  is  not  the  unfinished  ])usinc.ss. 

IMr.  Hale.  It  has  been  taken  up  l)y  a  vote  of  the  Senate,  and  is  the  unlinished 
business. 

Mr.  Jones,  of  Arkansas.  No,  sir;  it  is  not  the  unfinished  business.  When  there  is 
an  unfinished  business,  it  is  taken  up  at  2  o'clock,  having  been  under  consideration 
when,  on  a  previous  day,  the  Senate  adjourned.  But  when  measures  which  are 
taken  up  in  the  morning  hour  are  not  concluded  they  return  to  the  Calendar,  and 
they  have  no  right  other  than  that  growing  out  of  their  position  on  the  Calendar. 

27628—04 28 


434  LEGISLATIVE    HISTOEY 

Mr.  Hale.  The  Senator  from  Arkansas  is  correct,  as  this  bill  was  taken  up  in  the 
morning  hour. 

I  think  the  Senator  in  charge  of  the  bill,  as  it  is  a  matter  which  he  knows  to  be  of 
the  greatest  importance  and  some  of  us  have  had  no  time  to  consider  it,  had  better 
let  the  bill  go  over,  and  then  use  his  own  discretion  as  to  when  he  will  move  to  take 
it  vip  again.  The  Senate  can  be  trusted  with  that.  He  can  get  the  bill  up  when  he 
moves  to  take  it  up,  but  I  do  not  think  the  Senator  will  want  to  estoi>  any  Senators 
who  desire  to  discuss  the  bill  fully. 

Mr.  Nelson.  Not  at  all. 

Mr.  Hale.  Of  course,  he  would  not  make  progress  with  his  bill  by  pursuing  such 
a  course.  Therefore  I  suggest  to  the  Senator  that  it  go  over  now,  and  then  the 
Senator  can  exercise  his  discretion  in  calling  it  up  again. 

Mr.  Nelson.  Very  well.  I  have  no  disposition  to  make  undue  haste;  I  am  quite 
willing  to  have  the  measure  fully  considered. 

The  Pkesiuing  Officer.  The  l)ill  will  retain  its  place  on  the  Calendar. 

Mr.  Nelson.  Let  it  retain  its  place. 

Mr.  Hale.  Yes. 


The  debate  was  again  taken  up  in  the  Senate  on  January  10,  1002, 
as  follows: 

Mr.  Nelson.  I  ask  unanimous  consent  for  the  jjresent  consideration  of  Senate  bill 
569,  to  establish  the  Department  of  Commerce. 

The  President  pro  tempore.  The  Senator  from  Minnesota  asks  unanimous  consent 
that  the  Senate  proceed  to  the  consideration  of  the  bill  (S.  569)  to  establish  the 
Department  of  Commerce.  Is  there  objection?  The  Chair  hears  none,  and  the  bill 
is  before  the  Senate,  as  in  Committee  of  the  Whole,  under  Rule  VIII. 

Mr.  Nelson.  I  ask  unanimous  consent  that  the  bill  be  considered  without:  refer- 
ence to  Rule  VIII,  so  as  not  to  limit  debate. 

The  President  pro  tempore.  The  Senator  from  Minnesota  asks  unanimous  consent 
that  the  further  consideration  of  this  bill  be  had  without  the  limitation  of  debate 
contained  in  Rule  VIII. 

Mr.  Nelson.  And  without  any  other  limitation  of  the  rule. 

The  President  pro  tempore.  Is  there  objection?  The  Chair  hears  none,  and  it  is 
so  ordered. 

The  Senate,  as  in  Committee  of  the  Whole,  resumed  the  consideration  of  the  bill. 

Mr.  Nelson.  I  now  ask  that  the  bill  be  read  for  amendment.  It  has  already  been 
read  at  length. 

The  President  pro  tempore.  There  is  one  committee  amendment,  and  that  has 
not  yet  been  stated. 

Mr.  Nelson.  The  Senate  has  not  yet  acted  on  any  amendment.  There  is  one  com- 
mittee amendment,  and  after  that  is  acted  upon  there  will  probably  be  two  or  three 
other  amendments  offered. 

The  President  pro  tempore.  The  amendment  reported  by  the  Committee  on  Com- 
merce will  be  stated. 

The  Secretary.  The  Committee  on  Commerce  reported  an  amendment  to  the  bill, 
to  insert  as  a  new  section  the  following: 

Sec.  10.  That  all  power  and  authority  heretofore  possessed  or  exercised  by  the  head  of  any  Execu- 
tive Department  over  any  bureau,  office,  branch,  or  division  of  the  public  service,  by  this  act  trans- 
ferred to  the  Department  of  Commerce,  or  any  business  arising-  therefrom  or  pertaining  thereto, 
whether  of  an  appellate  or  revisory  character,  or  otherwi.se,  shall  hereafter  be  vested  in  and  exer- 
cised by  the  head  of  tlie  .said  Department  of  Ciimnierce.  And  all  acts  or  parts  of  acts  inconsistent 
with  this  act  arc,  so  far  as  so  inconsistent,  hereby  repealed. 

The  amendment  was  agreed  to. 

Mr.  Nelson.  In  line  8  on  page  2,  section  2,  after  the  words  "chief  clerk,"  I  move 
to  insert  the  words  "and  a  disbursing  clerk;"  so  as  to  read: 

There  shall  also  be  one  chief  clerk  and  a  disbursing  clerk  and  such  other  clerical  assistants  as  may 
from  time  to  time  be  authorized  by  Congress. 

The  amendment  was  agreed  to. 

Mr.  Nelson.  I  now  offer  an  amendment  to  come  in  at  the  end  of  line  10  of  the 
same  section.  The  object  of  this  amendment  is  to  have  the  Auditor  of  the  State  and 
other  Departments  audit  the  accounts  of  the  new  department  as  he  does  those  of  the 
other  departments.  This  is  in  the  language  of  the  law  in  respect  to  the  other 
departments. 

The  President  pro  tempore.  The  proposed  amendment  will  be  stated. 


LEGISI^ATIVE    HISTORY  435 

The  Secketaky.  At  tlu*  end  of  seetioii  2,  on  pajjje  1',  line  10,  after  llic  won!  "Con- 
gress," it  is  projiosed  to  insert: 

And  the  Aiulitor  of  the  State  unci  other  Departments  sliall  receive  all  accounts  accrning  in  or 
rehitive  to  tlie  Department  of  Commerce  and  examine  the  same,  and  tliereafter  certify  tlie  balance 
and  transmit  the  amounts  of  the  vouchers  and  eertilicates  to  the  Comptroller  of  the  Treasury  for  his 
decision  thereon. 

The  anieiKhnent  was  a<iree<l  to. 

INIr.  Nki.son.  On  pa.^'e  ;>,  section  4,  line  7,  after  the  words  "and  that,"  I  move  to 
strike  out  the  words  "the  oihee  of  Commissioner  of  Railroads." 

I  desire  to  explain  that  antendinent  to  the  Senate.  When  this  hill  was  orijiinally 
prepared  at  the  last  Con<iress  the  ofiice  of  Conmussionerof  Railroads  was  an  existinf? 
otfice.  It  had  est-aped  my  attention  that  in  an  appropriation  hill  at  the  last  Congress 
provision  was  made  for  alx)lishing  the  ollice,  and  the  othee  of  Commissioner  of  Rail- 
roads was  abolished,  to  take  effect  on  the  30th  of  June  last.  tSo  there  is  no  longer 
such  an  otiiee. 

The  President  {iro  tempore.  The  amendment  projjosed  hy  the  Senator  from  Min- 
nesota will  he  stated. 

The  Secrictakv.  On  page  8,  section  4,  line  7,  after  the  words  "and  that,"  it  is  pro- 
posed to  strike  out  "the  office  of  Commissioner  of  Railroads." 

Tlie  amendment  was  agreed  to. 

Mr.  Lodge.  I  desire  to  offer  an  amendment,  which  I  shall  explain,  as  well  as  one 
or  two  subsequent  minor  amendments,  which  I  am  going  to  offer  in  a  moment.  On 
page  4,  section  4,  line  6,  I  move  to  strike  out  the  first  word,  "relating,"  and  insert 
' '  2)ertaining  exclusively. ' ' 

ITnder  the  clause,  as  now  broadly  drawn,  all  the  archives  of  the  Consular  Bureau 
in  the  State  Department,  covering  a  great  deal  of  diplomatic  correspondence,  would 
])e  transferred  to  this  new  department.  1  know  that  such  is  not  the  intention  of  the 
l)ill,  and  I  therefore  suggest  the  change,  striking  out  the  word  "relating,"  and  insert- 
ing the  words  "i)ertaining  exclusively,"  so  as  to  confine  the  transference  of  the 
archives  from  the  Consular  Bureau  to  those  which  relate  to  coirimerce  and  statistics. 

The  Presiuext  pro  tempore.  The  amendment  proposed  hy  the  Senator  from 
Massachusetts  [Mr.  Ix^dge]  will  be  stated. 

The  Secretary.  On  page  4,  section  4,  at  the  beginning  of  line  6,  it  is  pro])osed  to 
strike  out  the  word  "relating,"  and  to  insert  the  words  " pertaining  exclusively," 
so  as  to  read : 

That  theofficial  recordsand  papers  now  on  file  inand  pertainins-  exclnsively  to  the  business  of  any 
bureau,  ollice,  department,  or  branch  of  the  imblic  service  in  this  a<t  translVVred  to  the  Department 
of  Commerce,  together  with  the  furniture  now  in  use  in  sucli  bureau,  oflicc,  department,  or  branch 
of  the  public  service,  shall  be,  and  hereby  is,  transferred  to  the  Department  of  Commerce. 

Mr.  Nelson.  I  caii  see  no  objection  to  that  amendment. 

The  amendment  was  agreed  to. 

Mr.  Lodge.  I  suggest  in  line  10,  in  the  same  clause,  after  the  word  "hereby," 
to  strike  out  the  word  "  is  "  and  to  insert  the  word  "are;"  so  as  to  read,  "and  hereby 
are,  transferred  to  the  Department  of  Commerce." 

The  amendment  was  agreed  to. 

Mr.  Lodge.  On  i)age  5,  I  desire  to  offer  two  or  three  siDall  amendments,  all  of 
which  have  a  common  jnirpose,  and  that  purpose  is  to  leave  it  within  the  control  of 
the  State  Department  to  separate  in  the  consular  correspondence  those  portions 
which  are  diplomatic  and  political  from  those  which  are  commercial,  so  that  the 
commercial  part  may  all  l)e  transferred  to  the  Department  of  Commerce,  but  that 
anything  dijilomatic  or  political  shall  be  retained  in  the  State  Department.  That 
work,  of  course,  must  be  done  in  that  Department,  in  my  opinion. 

I  shall  offer  a  further  amendment  at  the  end  of  the  1)ill,  providing  for  an  officer 
in  the  State  Department  to  take  charge  of  that  specific  work,  which,  of  course,  has 
hitherto  been  performed  by  the  Bureau  of  Foreign  Coimnerce,  which  it  is  now  pro- 
posed to  transfer  to  the  new  Department. 

In  line  6,  section  5,  page  5,  after  the  words  "Secretary  of,"  I  move  to  strike  out 
"commerce"  and  insert  "State,"  so  that  the  consuls,  etc.,  shall  act  under  the 
directioii  of  the  Secretary  of  State.  It  seems  to  me  it  is  improper  for  them  to  have 
two  masters. 

The  President  jiro  tempore.  The  amendment  proposed  by  the  Senator  from 
Massachusetts  will  be  stated. 

The  Sectietary.  On  page  5,  section  5,  line  (i,  after  the  words  "Secretary  of,"  it  is 
proposed  to  strike  out  "  commerce"  and  insert  "State;"  so  as  to  read: 

And  all  consular  officers  of  the  United  Stales,  includinj,'  consul-generals,  consuls,  and  commercial 
agents,  are  hereby  reijuired,  aiid  it  is  made  a  part  of  tlieir  duty,  undiT  the  direction  of  Ihe  Secretary 
of  State,  to  gather  and  compile,  from  lime  lo  time,  useful  and  materia!  information  and  statistics  in 
respect  to  the  commerce,  industries,  and  inarkets  of  the  countries  and  places  to  which  such  consular 
officers  are  accredited. 


436  LEGISLATIVE    HISTORY 

Mr.  Nelson.  There  is  no  objection  to  the  amendment. 
The  amendment  was  agreed  to. 

Mr.  Lodge.  In  the  same  section,  on  page  5,  line  7,  after  the  word  "time,"  I  move 
to  insert  "upon  the  request  of  the  Secretary  of  Commerce;"  so  as  to  read: 

To  gather  and  compile,  from  time  to  time,  upon  the  request  of  the  Secretary  of  Commerce,  useful 
and  material  information,  etc.  ' 

The  amendment  was  agreed  to. 

Mr.  Lodge.  In  the  same  section,  on  })age  5,  line  10,  after  the  words  "  to  send,"  I 
move  to  insert  "  under  the  direction  of  the  Secretary  of  State;"  so  as  to  read: 
To  send,  under  the  direction  of  the  Secretary  of  State,  reports  quarterly,  or  oftener  if  required,  etc. 

The  amendment  was  agreed  to. 

Mr.  Lodge.  I  now  offer  as  a  new  section,  to  come  in  at  the  end  of  the  bill,  an 
amendment  providing  for  the  appointment  of  an  officer  in  the  State  Department, 
whom  I  have  already  described,  to  go  over  these  reports  and  separate  the  portions 
which  are  to  go  to  the  Department  of  Commerce. 

The  President  pro  tempore.  The  amendment  will  be  stated. 

The  Secretary.  It  is  proposed  to  insert  as  a  new  section  the  following: 

Sec.  11.  A  person  to  be  designated  by  the  Secretary  of  State  shall  be  appointed  to  formulate  for  the 
instruction  of  consular  otlicers  the  requests  of  the  Secretary  of  Commerce,  and  to  prepare  from  the 
dispatches  of  consular  (illicer:  .  for  traiisuiissiou  to  tln'  Secretary  of  Commerce,  sucli  inlorination  as 
pertains  to  the  work  of  the  Department  of  ( "omnierce,  and  such  person  shall  have  the  rank  and  salary 
of  a  chief  of  bureau  and  be  furnished  \yitli  such  clerical  assistance  as  may  be  deemed  necessary  by 
the  Secretary  of  State. 

Mr.  Bacon.  Mr.  President,  I  should  like  to  inquire  of  the  Senator  from  Massachu- 
setts whether  the  powers  therein  conferred  upon  this  new  officer  in  any  manner 
differ  from  the  powers  now  enjoyed  l)y  the  officer  whom  it  is  sought  to  replace? 

Mr.  Lodge.  The  whole  Bureau  of  Foreign  Commerce  in  the  State  Department, 
which  has  now  charge  of  the  consular  reports,  is  by  this  bill  transferred  to  the 
Department  of  Commerce. 

Mr.  Bacon.  I  so  understand. 

Mr.  Lodge.  And  the  Secretary  of  State,  as  I  understand,  needs  somebody  to  do  the 
work  which  the  bill  imposes  on  his  Department;  that  is,  to  go  over  all  these  consular 
reports,  separate  the  commercial  ])art  and  send  it  to  the  new  Department,  and  also  to 
transmit  to  the  consuls  their  instructions,  the  object  being  to  retain  the  work  of 
editing  the  consular  reports  in  the  State  Department,  which  I  think  is  very  essential, 
because  that  is  the  diplomatic  and  political  Department. 

Mr.  Bacon.  I  quite  agree  with  the  Senator,  and  I  quite  understood  from  what  he 
had  previously  stated  what  he  now  says;  but  that  does  not  reply  to  the  inquiry 
which  I  made,  which  was  whether  the  numerous  powers  and  duties  in  the  amend- 
ment offered  by  the  Senator,  which  are  to  be  enjoyed  by  the  new  officer  created  by 
the  amendment,  in  any  manner  differ  from  the  powers  and  privileges  now  enjoyed 
by  the  officer  who  is  to  be  transferred  to  the  Department  of  Commerce.  What  I 
desire  to  know  is,  whether  this  amendment  clothes  the  new  officer  of  the  Depart- 
ment of  Commerce  with  the  same  powers  which  the  officer  now  in  charge  of  that 
Bureau  in  the  State  Department  has. 

Mr.  Lodge.  That,  I  understand,  is  the  purpose  and  object  of  the  amendment.  Of 
course,  the  work  now  is  all  done  in  the  State  Department,  and,  as  I  understand  it, 
the  head  of  the  Bureau  of  Foreign  Commerce,  under  the  direction  of  one  of  the 
assistant  secretaries,  edits  these  rei;)orts  for  publication.  The  commercial  portions 
are  all  published  by  the  Department.  Those  portions  which  it  is  considered  inad- 
visable to  publisli  are  lield  in  manuscript  in  the  Department.  The  officer  who  does 
that,  if  I  am  correctly  informed,  is  to  l>e  transferred  to  the  Department  of  Commerce, 
where  he  will  l)e  simply  a  compiler  of  statistics,  and  the  duties  in  the  way  of  editing 
and  separating  the  political  and  diplomatic  information  require  a  new  officer  for 
their  performance  in  the  State  Deiiartment. 

Mr.  Bacon.  I  certainly  am  extremely  inifortunate  that  I  can  not  express  myself 
in  such  a  manner  that  the  Senator  will  catch  the  jiurport  of  my  inquiry.  It  is  my 
fault,  I  suppose. 

Mr.  Lodge.  I  beg  the  Senator's  pardon.  It  is  my  slowness  of  apprehension,  I 
have  no  doubt. 

Mr.  Bacon.  Taking  all  the  fault  to  myself,  I  w'ill  repeat  the  inquiry.  It  is  not  as 
to  the  necessity  for  this  new  officer.  I  did  not  ask  that.  I  recognize  that  from  what 
the  Senator  has  stated.  But  the  amendment  offered  l)y  the  Senator  confers  certain 
powers  on  and  enumerates  certain  duties  of-the  new  officer.  The  inquiry  I  make  of 
the  Senator  is  this:  Are  those  duties  and  those  jiowers  the  same  as  the  duties  and 
the  powers  of  the  chief  of  this  Bureau  which  is  to  be  transferred  to  the  new  Depart- 


LEGISLATIVE    HISTORY  437 

raent,  or  does  this  amendnu'iit  confer  upon  tlic  new  ollircr  otlicr  iliitics  and  other 
powers,  which  tlu'  present  o ( lice r  does  imt  enjoy'.' 

Mr.  LoiKiK.  I  understand  tiiat  all  those  jioweis  are  now  existent  in  the  ollicer  of 
the  State  Department. 

Mr.  liAfON.  One  otlier  (juestion,  Mr.  President.  Tliou<,di  I  tiiiniv  that  onj^ht  to  he 
carefully  looked  into,  I  think  the  Senator  ou<,dit  to  he  ahle  to  state  definitelv  whether 
it  is  so 

Mr.  LoDCK.  If  the  Senator  wants  nie  to  i)ut  the  lanjiuage  more  strongly,  1  will  say 
I  know  that  to  he  the  case. 

Mr.  Hacon.  That  is  entirely  satisfactory. 

Mr.  LoiMiE.  Except,  of  course,  it  is  modilied,  as  the  Senator  understands,  hy  tlie 
fact  that  tlu'se  statistics  are  to  go  to  tlie  new  Department  instead  of  heing  puhhshed 
hy  the  ohl  one. 

Mr.  Bacon.  I  understand,  hut  one  other  inquiry.  Of  course  we  have  not  tlie 
amendment  l)efore  us,  and  can  only  catch  it  from  the  reading  at  the  desk.  Does 
this  amendment  confer  any  rank  upon  the  new  officer  other  than  that  enjoyed  hy 
the  present  officer? 

Mr.  LoiKJE.  It  makes  him  the  chief  of  a  hureau. 

Mr.  Bacon.   What  is  the  position  of  the  ])resent  officer? 

Mr.  Lodge.  The  present  officer  is  the  chief  of  a  hureau,  who,  of  course,  acts  under 
the  direction  of  one  of  the  Assistant  Secretaries  of  State. 

Mr.  Bacon.  As  this  one  will  also? 

Mr.  Lodge.  As  this  one  will  also. 

Mr.  Spooner.  I  should  like  to  have  the  amendment  again  read. 

The  President  pro  tempore.  The  amendment  will  be  again  stated. 

The  Secretary.  It  is  proposed  to  insert  as  a  new  section  the  following: 

Sec.  11.  A  person  to  be  desig-nated  by  the  Secretary  of  State  shall  be  appointed  to  forninlato  for  the 
instruction  of  consular  officers  the  rennests  of  the  Secrelaiyof  ConuiuTce  and  to  i>repare  from  the 
dispatches  of  consular  officers,  for  transmission  to  the  Secretary  of  C'onimercc,  such  information  as 
pertains  to  the  work  of  the  Department  of  Commerce,  and  such  person  shall  have  the  rank  and  salary 
of  a  Chief  of  Bureau  and  be  furnished  with  such  clerical  assistance  as  may  be  deemed  necessary  by 
the  Secretary  of  State. 

Mr.  Hale.  Mr.  President,  somewhere  in  the  bill  that  I  saw  as  originally  reported 
was  a  provision  that  our  consuls  at  foreign  ports  should  report  to  the  Secretary  of 
this  new  Department. 

IVIr.  Spoonek.  That  is  on  page  5. 

Mr.  Hale.  That  seemed  to  me  to  be  faulty.  Now,  if  the  object  of  the  Senator 
from  Massachusetts  []Mr.  I^odge]  is  to  cure  that  defect,  he  has  in  view  precisel}^  what 
I  had,  as  to  which  I  had  proposed  to  offer  an  amendment — that  instead  of  the  con- 
sular officers,  who  are  officers  of  the  State  Department  and  appointed  by  the  State 
Department,  as  they  ought  to  be,  and  reporting  to  the  State  Department,  as  it  seems 
to  me  they  ought  to  do,  the  provision  originally,  as  I  understooil  it,  was  that  they 
should  have  a  divided  allegiance  and  report  directly  to  another  Department,  which 
seemed  to  me  not  a  good  thing  to  do.  As  I  understand  this  amendment,  instead  of 
that  the  Senator  proposes  that  this  information  shall  be  gathered  by  the  consuls  as 
how  and  reported  to  the  State  Department  as  now,  and  that  the  Secretary  of  State 
shall  then,  in  some  way  that  is  prescribed,  communicate  this  information,  these 
facts,  and  these  statistics  for  the  information  of  the  new  Secretary.  Is  that  the 
purpose? 

Mr.  Lodge.  That  is  my  purpose.  I  think  perhaps  the  Senator  from  INIaiue  was 
not  here  when  certain  amendments  of  mine  on  page  5  Avere  adopted,  to  which  this 
amendment  is  supplementary. 

I\Ir.  Hale.  No,  I  was  not  here.     What  is  that  amendment  on  page  5? 

Mr.  Lodge.  On  page  5  the  bill  has  been  so  amended  as  to  read: 

And  all  consular  officers  of  the  United  States,  including  consul-generals,  consuls,  and  commercial 
agents,  are  hereby  required,  and  it  is  made  a  part  of  their  duty,  under  the  direction  of  the  Secretary 
of  State — 

Mr.  Hale.  That  is  the  provision  to  which  I  allude. 

Mr.  Lodge.  The  Senate  has  stricken  out  the  word  "commerce"  and  in.serted  the 
word  "State,"  so  as  to  read:  "Secretary  of  State."  I  am  reading  the  provision  as 
it  has  been  amended. 

Mr.  Hale.  That  is  proper. 

Mr.  Lodge.  The  clause  continues — 

to  gather  and  compile,  from  time  to  time,  upon  the  request  of  the  Secretary  of  Commerce,  useful  and 
material  information  and  statistics  in  respect  to  the  commerce,  industries,  and  markets  of  the  coun- 
tries anil  i)laces  to  which  such  consular  officers  are  accredited,  and  to  send,  under  direction  of  the 
Secretary  of  State,  reports  (juarterly,  or  oftener  if  required,  of  the  information  and  statistics  thus 
gathered  and  compiled,  to  the  Secretary  of  the  Department  of  Commerce. 


438  LEGISLATIVE    HISTORY 

So  that  it  relieves  them  from  two  masters. 

Mr.  Hale.  And  does  not  in  any  way  impair  or  undermine  either  the  duties  or 
dignities  of  the  office  of  Secretary  of  State? 

Mr.  Lodge.  Certainly  not. 

Mr.  Hale.  I  think  that  ought  not  to  be  done. 

Mr.  Lodge.  It  leaves  him  entirely  in  control  of  the  consular  service,  as  he  ought 
to  be,  and  authorizes  the  Secretary  of  the  new  Department  of  Conmierce  to  say:  "I 
want  such  and  such  information,"  and  then  the  Department  of  State  transmits  it  to 
the  Department  of  Commerce.  This  is  to  permit  an  officer  to  do  the  work  of  editing 
and  separating  the  consular  reports. 

Mr.  Hale.  I  think,  then,  the  bill  has  been  very  greatly  improved.  The  State 
Department  has  not  much  real  business  to  do,  except  in  relation  to  the  consular  serv- 
ice. The  diplomatic  part — the  part  that  is  performed  by  ambassadors,  ministers, 
and  ministers  resident — is  more  a  matter  of  negotiation,  which  is  ordinarily  done 
outside  of  these  offices;  but  the  time  when  the  State  Department  touches  real 
business,  the  transaction  of  business  of  commerce  in  relation  to  which  our  citizens 
abroad  have  any  interest,  all  comes  under  the  consular  service,  and  it  is  about  all,  as 
I  have  said,  of  real  business  that  there  is  in  the  State  Department.  I  sliould  not,  for 
one,  be  willing  to  consent  that  the  duties  of  the  Secretary  of  State  or  his  responsi- 
bilities or  his  dignity  should  be  impaired,  and  I  was  proposing  to  offer  a  similar 
amendment,  which  the  Senator  has  done  in  much  better  form  than  I  could  have 
done  it.     To  that  extent  I  think  it  improves  the  l)ill. 

Of  course,  Mr.  President,  the  bill  is  what  I  would  call  a  very  great  enterprise  very 
suddenly  launched  ujion  us.  That  makes  a  larger  dei)artment  than  any  one  left  in 
the  Government.  If  I  may  be  permitted  to  say  it,  it  does  not  begin  in  a  modest  way, 
but  it  ransacks  all  the  departments,  selects  bureau  after  bureau  without  apparent 
reason,  dumjis  them  into  this  bill,  and  makes  a  new  Department  and  a  new  Secretary, 
with  larger  duties  than  any  other  Cabinet  minister. 

The  administrative  duties  of  the  Secretary  of  the  Treasury,  after  his  Department 
has  been  stripped  and  ransacked  will  not  be  as  great  as  those  of  this  new  Secretary. 
He  takes  charge  of  these  great  bureaus  that  have  from  the  time  of  the  establishment 
of  the  Government  been  in  the  Treasury  Department  and,  so  far  as  I  know,  satisfac- 
torily administered. 

The  bill  is  called  "A  bill  to  establish  the  Department  of  Commerce,"  and  the 
subjects-matter  that  are  in  it  have  not  so  much  relation  to  commerce  as  light  has  to 
darkness.  Why  should  the  Census  Bureau — a  pure  matter  of  internal  consequence, 
internal  business,  in  a  great  Department  dealing  witii  the  internal  affairs  of  the 
country,  the  population  of  the  country — why  should  that  be  put  into  the  Department 
of  Commerce?  Before  the  l)ill  is  concluded — I  am  waiting  now  for  the  figures  and 
statistics — I  hope  to  be  able  to  show  that  if  the  Coast  and  Geodetic  Survey,  dealing 
with  science,  not  with  commerce,  is  to  be  taken  from  the  Treasury,  it  should  not  be 
put  into  this  Department,  but  into  the  Navy  Department. 

Mr.  Nelson.  If  the  Senator  will  allow  me  to  interrupt  him 

Mr.  Hale.  Certainly. 

Mr.  Nelson.  We  have  been  perfecting  the  bill  by  amendments,  and  I  was  coming 
to  that  feature  of  the  bill,  and  was  going  to  submit  the  question  as  to  the  Coast  and 
(leodetic  Survey  to  the  Senate.  I  understand— if  I  am  not  taking  up  the  time  of  the 
Senator 

Mr.  Hale.  I  yield  with  great  pleasure. 

Mr.  Nelson.  I  understand  there  has  been  some  controversy  between  the  Treasury 
Department  and  the  Department  of  the  Navy  as  to  that  matter.  In  view  of  that  fact, 
it  is  my  impression  that  we  had  better  leave  it  out  of  this  V)ill  and  leave  the  question 
to  be  settled  subsequently  as  to  whether  it  should  remain  in  the  Treasury  or  go  to  the 
Navy  Department.  To  be  candid  and  to  express  my  own  individual  opinion,  in  view 
of  the  work  which  that  Bureau  or  branch  of  the  service  performs,  I  think  its  duties 
would  1)6  more  appropriate  and  more  germane  to  the  Department  of  the  Navy;  and 
if  the  Senator  will  allow  me  and  has  no  objection  I  will  move  to  strike  that  out  of 
the  bill. 

Mr.  Hale,  I  have  no  objection,  but  we  are  eliminating  so  much  here  that  we  had 
better  make  one  mouthful  of  it  and  transfer  that  Bureau  to  the  Navy  Department. 
The  truth  is — I  will  not  interrupt  the  Senator,  of  course 

Mr.  Nelson.  The  Senator  is  entitled  to  the  floor,  not  I. 

Mr.  Hale.  The  truth  is,  that  we  are  getting  to  have  half  a  dozen  different  navies, 
Mr.  President,  and  we  ought  not  to.  We  have  got  a  navy  in  the  Life-Saving  Service; 
we  have  got  a  navy  in  the  Light-House  Board;  we  have  got  a  navy  in  the  Revenue- 
Cutter  Service;  we  have  got  a  navy  in  the  Marine-Hospital  Service;  we  have  got  a 
navy  in  the  Coast  and  Geodetic  Survey,  and  I  suspect  it  will  not  be  long  before  my 


LEGISLATIVE    HISTORY  439 

ontorprisinp;  and  stirring  friend,  who  is  at  tlic  lit-ad  of  tlic  (iooloi^iral  Survey,  will 
want  a  navy.     We  ouf^lit  to  have  ])nt  one. 

Mr.  MoNKY.   Will  the  .Senator  allow  me? 

Mr.  Halk.   Ye.<. 

Mr.  MoNKV.  Has  not  thr  Treasury  Department  a  navy  in  tlic  l\evemic-( 'utter 
Service? 

Mr.  Hai.e.   1  think  1  mentioned  that. 

Mr.  MoNKV.   I  l)e<jj  ])ardoii.     I  did  not  hear  tlu-  Senator. 

Mr.  Tn.i.MAN.  ]\Ir.  I'resident 

The  Pkesiuent  pro  tempore.  Doe.s  the  Senator  from  ^Maine  yield  to  the  Senator 
from  South  Carolina? 

Mr.  Hale.  I  will  yield  to  the  Senator  from  South  Carolina. 

Mr.  Tillman.  I  yimply  want  to  refer  to  one  other  navy,  ami  that  is  the  army 
transport  service,  which  is  assuminfj;  magnificent  })njportions,  and  about  which  I 
have  heanl  .some  little  scandal. 

Mv.  LoD(iE.»  That  is  being  steadily  abolished  and  reduced,  I  will  say  for  the  infor- 
mation of  the  Senator  from  South  Carolina. 

^Ir.  Hale.  All  these  suggestions  are  precisely  in  the  line  of  what  I  am  trying  to 
bring  forward  before  the  Senate.  Here  is  an  attempt — and  in  itself,  if  kept  in  proper 
limits,  a  wi.^^e  attempt — to  bring  different  branches  that  are  in  some  degree  cognate 
in  their  duties  under  one  head;  but  while  we  are  about  it  we  ought  not  to  divide 
and  put  the  various  duties  of  these  bureaus  into  a  new  Department  where  they 
naturally  do  not  belong,  and  take  them  from  another  where  they  do  belong. 

The  Navy  Department  at  one  time  practically  administered  the  duties  of  the  Coast 
and  (leodetic  Survey,  furnishing  accomplished  officers  who  led  their  parties  and 
who  conducted  to  a  considerable  degree  their  surveys  and  triangulations.  It  was 
then  as  etiicient  a  service  as  it  has  ever  been  since,  and  a  Senator  on  my  right  .says  a 
great  deal  more  so.     I  am  inclined  to  think  he  is  correct  about  that. 

I  want  to  get  my  figures —  I  do  not  expect,  of  course,  that  the  bill  will  pass  to-day, 
because  there  is  a  great  deal  in  it  that  we  want  to  discuss — but  after  I  get  my  figures, 
I  think  I  shall  move  an  amendment  to  transfer  the  Coast  and  Geodetic  Survey  to 
the  Navy  Department.  The  Senator  in  charge  of  the  bill,  wdio  is,  I  think,  reason- 
al)le  in  his  condu^'t  of  it  in  every  way,  sees  the  force  of  the  objection  that  that  Sur- 
vey should  not  be  in  this  bill  and  is  inclined  to  let  it  go  out;  but  while  we  are 
launching  upon  the  work  of  reassorting  and  rearranging  bureaus  we  might  as  well 
do  the  whole  business  here.  When  the  proper  time  comes  I  think  I  shall  make  the 
motion  which  I  have  indicated.     I  will  not  make  it  at  present. 

Mr.  Money.  Will  the  Senator  from  Maine  jiermit  me  a  moment? 

Mr.  Hale.  Yes. 

Mr.  INIoNEY.  I  desire  to  suggest  to  the  Senator  from  Massachusetts  [Mr.  Lodge] 
that  he  have  his  amendment  printed  and  referred  to  the  Committee  on  Foreign 
Relations,  as  it  touches  the  State  Department  somewhat.  I  think  that  would  be  the 
projjer  course  if  it  meet  his  approval.     1  do  not  want  to  make  the  motion,  however. 

Mr.  LoDCiE.  The  amendment  now  pending  simply  creates  an  officer  at  the  head 
of  a  new  bureau.  It  does  not  require  to  be  entirely  germane  and  it  does  not  require 
any  action  by  another  committee.  ' 

Mr.  Money.  I  have  no  desire  to  make  a  motion.  I  merely  made  the  suggestion. 
I  should  like  to  see  it  in  print. 

Mr.  LoDOE.  It  will  be  printed  to-morrow.  I  think  when  the  Senator  looks  at  it 
he  will  see  that  it  is  a  very  small  matter.     It  is  the  creation  of  only  one  office. 

Mr.  Money.  As  I  understood,  the  Senator  proposed  the  immediate  consideration 
and  adoption  of  the  amendment. 

Mr.  Lodge.  I  simply  moved  the  amendment.     It  is  now  pending. 

Mr.  Money.  It  is  now  pending.     It  may  l)e  very  largely  concluded 

Mr.  Lodge.  There  is  no  objection  to  it  on  the  part  of  "the  committee  having  the 
bill  in  charge. 

Mr.  Money.  That  may  be,  but  there  may  be  objection  outsi<le  of  the  committee, 
and  I  should  be  glad  to  see  it  in  print.  If  there  is  no  intention  of  concluding  the 
bill  to-day,  and  I  guess  we  will  hardly  do  that,  I  should  be  very  glad  if  no  vote  shall 
be  taken  until  it  can  be  exannned  into  a  little. 

]Mr.  Hale.  I  think  the  suggestion  of  the  Senator  from  Mississippi  is  a  good  one.  I 
am  free  to  say 

Mr.  Lodge.  Let  it  go  over  and  be  printed.     I  will  not  move  it  now. 

Mr.  Money.  I  think  that  is  right. 

Mr.  Hale.  I  think  the  Senator  from  Massachusetts  has  it  about  right,  that  we  will 
prol)ably  adopt  it,  but  I  think  it  wi.se  not  unduly  to  seek  dispatch  in  a  matter  of  this 
great  importance.     There  is  time  enough  in  the  Senate  to  consider  it.     (Xher  matters 


440  LEGISLATIVE    HISTORY 

are  not  pressing,  and  while  I  shall  not  stand  in  the  way  of  the  passage  of  the  bill  in 
any  undue  fashion,  yet  I  want  to  get  some  figures  as  to  the  Coast  and  Geodetic  Survey. 

The  President  pro  tempore.  The  Chair  understands  that  the  amendment  of  the 
Senator  from  Massachusetts  is  now  withdrawn,  and  he  asks  that  it  lie  on  the  table 
and  be  j)rinted. 
"  Mr.  Hale.  That  it  be  i)rinted. 

Mr.  Lodge.  That  is  my  request. 

The  President  ]>ro  tempore.  Without  objection,  it  will  be  so  ordered. 

Mr.  Teller.  I  desire  to  move  to  strike  out  section  (j.  I  understand  the  committee 
having  the  matter  in  charge  have  agreed  that  it  shall  go  out. 

Mr.  Lod(;e.  I  did  not  hear  the  Senator  from  Colorado.  What  section  does  he  pro- 
pose to  strike  out? 

Mr.  Teller.  To  strike  out  section  6,  which  proposes  to  transfer  the  Geological 
Survey  from  the  Interior  Department  to  the  new  Department.  I  understand  the 
committee  agree  that  it  may  be  done. 

Mr.  Nelson.  There  is  no  objection  to  that. 

The  President  pro  tempore.  The  question  is  on  agreeing  to  the  motion  of  the  Sen- 
ator from  Colorado  to  strike  out  the  whole  of  section  6. 

The  motion  was  agreed  to. 

Mr.  Bacon.  I  desire  to  ask  the  Senator  from  Massachusetts  whether  the  direction 
given  his  amendment  includes  all  the  amendments  offered  by  him? 

Mr.  Lodge.  Oh,  no;  the  others  were  adopted. 

Mr.  Bacon.  It  simply  covers  the  last  one? 

Mr.  Lodge.  The  last  one. 

Mr.  Bacon.  Which  is  complete  in  itself? 

Mr.  Lodge.  AVhich  is  comialete  in  itself,  being  a  new  section. 

Mr.  Bacon.   Very  well. 

Mr.  Hale.  Has  section  6  gone  out  bodily? 

The  President  pro  tempore.  It  has  gone  out. 

Mr.  Hale.  The  entire  section? 

The  President  pro  tempore.  The  entire  section. 

Mr.  Hale.  That  is  right.     The  confusion  was  such  that  I  could  not  understand. 

Mr.  Nelson.  I  desire  to  offer  an  amendment. 

Mr.  Hale.  If  the  Senator  in  charge  of  the  bill  wishes  to  offer  an  amendment,  I 
will  yield. 

Mr.  Nelson.  I  offer  a  further  amendment.  On  page  3,  lines  3  and  4,  1  move  to 
strike  out  the  words  "and  the  United  States  Coast  and  Geodetic  Survey." 

Mr.  Hale.  I  move  to  insert  after  the  words  proposed  to  be  stricken  out  the  words, 
"and  the  same  is  hereby  transferred  to  the  Navy  Department." 

Now,  Mr.  President,  I  do  not  expect 

Mr.  Platt  of  Connecticut.  The  Senator  from  Maine  does  not  want  a  vote  on  his 
amendment  to-day? 

Mr.  Hale.  No.  The  Senator  from  Connecticut  says  he  hopes  I  will  not  ask  for  a  vote 
on  the  amendment  to-day.  I  do  not  expect  that  the  Senate  will  vote  on  it  to-day.  I 
want  them  to  have  a  little  time  to  consider.  It  is  proper,  I  think,  that  it  should  go 
there,  but  I  would  not  precipitate  a  vote  on  my  amendment  now.  Then  I  want 
also,  as  other  Senators  do,  to  discuss  the  Census  Bureau  and  several  other  subjects. 
Therefore  I  shall  not  insist  upon  a  vote  to-day,  and  unless  there  are  other  amend- 
ments  

Mr.  Platt  of  Connecticut.  Will  the  Senator  from  Maine  permit  me? 

Mr.  Hale.  Certainly. 

Mr.  Platt  of  Connecticut.  Mr.  President,  I  hope  there  will  be  no  attempt  to 
secure  to-day  a  vote  either  upon  the  bill  or  any  of  the  important  amendments  which 
have  been  suggested.  I  desire  to  say  that  as  I  look  at  it  to-day  I  do  not  see  any 
reason  why  one  of  the  most  valual^le  bureaus  in  the  United  States  Government  should 
be  forcibly  removed  from  the  present  Department  to  which  it  is  attached  and  trans- 
ferred to  this  new  Department.  I  refer  to  the  otlice  of  the  Commissioner  of  Patents, 
which  has  liad  pretty  hard  and  severe  treatment  hitherto,  Mr.  President. 

The  Patent  Office  building  was  l)uilt  for  that  office,  and  at  some  subsequent  time 
it  was  attached  to  the  Interior  Department.  The  Interior  Department  proceeded  to 
utilize,  occupy,  and  crowd  the  Patent  Office  until  the  disposition  of  the  peojjle  of  the 
United  States  and  its  Congress,  in  providing  that  building  for  the  Patent  Office  and 
the  recognition  of  the  Patent  Office  in  thus  providing  therefor,  seems  to  have  been 
entirely  set  aside. 

I  shall  have  quite  a  little  to  say  on  this  bill  before  it  passes.  Thus  forcibly,  and 
without  any  reason  that  I  can  think  of,  to  take  the  Patent  Office  away  from  the 
Interior  Department,  with  which  it  has  become  correlated  and  adjusted,  so  that  its 


LEGISLATIVE    HISTORY  441 

business  proceetls  by  rules  and  refiulations,  it  seems  to  ine  would  be  a  very  strange 
prooeedinj;:.  I  tlo  not  want  to  yn  into  it  to-day.  i  can  say  considerable  on  tiiis  sub- 
jei't,  and  bi-fore  tlie  l>ill  I'onies  to  a  conclusion  1  should  like  to  be  heard  on  that 
proposition. 

Mr.  IIalk.  1  think  there  is  a  general  fet-ling  that  thcw  great  subject-matters 
ought  to  be  invt'stigate(l,  and  we  can  not  do  it  today.  I  therefore  move  that  the 
Senate  proceed  to  the  consideration  of  executixc  business. 

Mr.  Faikhanks.  There  are  a  few  uncontested  bills  on  the  Calendar 

Mr.  Hai.k.  If  the  Senators  desire  to  go  to  the  Calendar  by  unanimous  consent, 
I  will  withhold  the  motion  for  the  jiresent. 

Mr.  I.oiHiE.  I  hope  the  Senator  from  Maine  will  do  that.  There  are  a  great  many 
uncontested  and  unol)jected  l)ills  on  the  Calendar.     It  is  early  in  the  day. 

Mr.  Nelson.  I  ask  that  the  pending  l)ill  may  go  over,  retaining  its  ])iace  on  the 
Calendar. 

The  PKEsinENT  i)ro  tempore.  The  Senator  from  Minnesota  asks  that  the  pending 
bill  may  go  over,  retaining  its  place  on  the  Calendar. 

Mr.  Coi-KRELi,.   All  right. 

The  PuEsiDENT  pro  temjjore.   If  there  is  no  objection,  it  is  so  ordered. 

Mr.  Pettis.   I  suggest  that  the  l)ill  lie  printed  with  the  amendments  to  it. 

Mr.  CocKKELL.   Let  it  l)e  printed  as  it  is  n(jw  amended. 

Mr.  Petti's.  And  with  the  amendments  offered. 

The  Pkesidext  i)ro  tempore.  Is  there  objection  to  the  request  of  the  Senator  from 
Alabama?     The  Chair  hears  none,  and  it  is  so  ordered. 

Mr.  Nelson  subsequently  said:  I  request  that  the  bill  i)roposing  to  estal)lish  a 
Dei)artment  of  Commerce  be  reprinted  with  the  amendments  which  have  been 
adoi)ted  to-day. 

^Ir.  Cockrell.  That  has  already  been  ordered. 

The  Presiding  Officer  (Mr.  Gallinger  in  the  chair).  Tlie  Chair  is  informed  that 
that  has  already  been  done. 

Mr.  Nelson.  I  think  not;  but  if  it  has  already  been  done,  well  and  good.  I  ask 
to  have  it  reprinted  with  all  the  amendments  that  have  been  adopted,  and  also  one 
amendment  proposed  and  not  adopted. 

The  Presiding  Officer.  The  Chair  is  informed  that  the  bill  has  been  ordered 
reprinted  with  the  amendments,  and  that  tlu»  amendment  to  which  the  Senator  from 
Minnesota  refers  is  included. 


January  !?0,  1902,  the  debate  was  continued  in  the  Senate. 

Mr.  Nelson.  I  ask  unanimous  consent  that  the  Senate  resume  the  consideration  of 
the  bill  (S.  569)  to  establish  the  l)e]jartment  of  Commerce. 

There  being  no  ol)jection,  the  Senate,  as  in  Committee  of  the  Whole,  resumed  the 
consideration  of  the  bill. 

]\Ir.  Nelson.  ]\Ir.  President,  I  desire  this  morning  liriefly  to  correi-t  some  misap- 
prehensions which  seem  to  exist  in  reference  to  this  bill. 

When  the  bill  was  first  called  up  for  consideration  I  did  not  apprehend  that  there 
would  be  any  serious  objection  to  it  from  any  direction,  but  from  remarks  which 
have  been  made  by  some  Senators  while  the  bill  has  l)een  up  I  have  been  led  to 
believe  that  there  are  some  parts  of  the  measure  which  are  not  fully  understood. 

We  find,  on  looking  over  the  Executive  Departments  of  the  Government,  that  the 
only  industrial  interests  of  the  cijuntry  which  are  under  the  administration,  guidance, 
direction,  and  protection,  if  I  may  use  that  i>hrase,  of  an  executive  department  are 
our  great  agricultural  interests.  They  have  for  years  had  the  Department  of  Agri- 
culture, which  has  looked  after  the  agricultural  interests  of  the  country  in  a  very 
l)ractical,  useful,  and  comprehensive  manner. 

1  have  no  doul)t  it  is  the  con.sensus  of  opinion  in  this  country  that  that  Department 
has  performed  a  most  useful  and  necessai'v  function  for  our  agricultural  interests. 

Now,  if  we  look  abroad  in  other  directions,  through  the  industrial  tields;  if  we 
look  at  our  commerce,  foreign  and  inland;  if  we  look  at  our  great  manufacturing 
industries,  our  shipping  industries,  and  our  Hshing  industries,  and  all  through  the 
great  industries  of  the  country,  we  find  that  those  several  industries  and  interests 
have  no  governmental  department  to  which  tlu'y  can  look  for  guidance,  advice,  and 
administrative  care. 

In  every  other  country  of  any  consequence,  with  but  few  exceptions,  even  among 
the  smaller  countries,  there  is  a  department  similar  to  that  proposed  in  this  hill. 
Every  country  has  felt  the  need  and  the  necessity  for  such  an  administrative  depart- 


442  LEGISLATIVE    HISTOEY 

ment  to  look  after  its  commercial  and  industrial  interests.  One  of  the  latest  countries 
to  act  on  this  principle  is  Russia.  Until  two  years  ago  the  administration  of  the 
commercial,  manufacturing,  and  industrial  interests  of  Russia  was  a]iart  of  the  finance 
department  of  that  country,  which  is  the  same  as  the  Department  of  the  Treasury  in 
this  country. 

In  addition  to  this  there  has  been  a  greater  demand  throughout  the  industrial  and 
connnercial  world  for  the  establishment  of  such  a  department  and  for  this  legislation 
than  there  has  been  for  any  other  l)ill  I  can  recall  which  has  been  pending  before 
Congress.  The  Committee  on  Commerce  have  been  overwhelmed  with  resolutions, 
petitions,  and  memorials  from  connnercial  bodies,  manufacturing  bodies,  shipping 
interests,  and  other  industrial  interests  all  over  this  broad  land — East,  West,  North, 
and  South.  I  have  had  some  little  experience  in  legislation,  although  not  so  much 
as  many  other  Senators  here,  and  yet  I  can  say  that  in  my  experience  I  know  of  no 
bill  which  has  had  such  hearty  support  and  such  great  interest  taken  in  it  throughout 
the  country  as  has  this  great  bill. 

Now,  this  bill  aims — and  that  is  its  purpose — to  establish  an  executive  department 
the  duty  of  which  shall  be  to  foster,  promote,  and  developcommercial,  manufacturing, 
fishery,  shipping,  and  all  other  great  industries  of  this  country.  We  find  on  looking 
through  the  several  departments  of  this  Government  that  there  are  some  bureaus, 
divisions,  and  branches  of  the  service  scattered  around  in  a  heterogeneous  manner 
that  are  in  part  devoted  to  some  of  the  work  involved  in  this  bill,  but  they  are 
scattered  around  in  such  a  manner  that  they  can  not  work  in  unison  or  in  harmony 
or  to  a  common  purpose  and  end. 

It  is  intended  by  this  bill  to  equip  the  proposed  Department  with  all  those  bureaus 
and  branches  of  the  public  service  that  relate  to  these  subjects — that  relate  to  the 
commercial  interests  of  the  country;  that  relate  to  the  manufacturing  interests  of  the 
country;  that  relate  to  the  shipping  interests  of  the  country;  that  relate  to  the  labor 
and  immigration  interests  of  the  country,  and  that  relate  to  the  fishing  industry  of 
the  country. 

Now,  it  has  been  said  that  the  effect  of  this  bill  will  be  to  withdraw  a  great  many 
bureaus  from  other  departments  and  to  overload  the  proposed  Department  and  to 
make  it  the  great  Department  of  Government.  Mr.  President,  that  is  founded  on  a 
misapprehension  and  a  misunderstanding  of  the  case.  The  two  great  departments 
of  the  Government  which  to-day  are  overcrowded  and  have  more  work  than  they 
ought  to  do,  and  work  of  a  disconnected  and  inharmonious  character,  are  the 
Treasury  Department  and  the  Interior  Department.  A  year  ago,  when  I  carefully 
looked  up  the  subject  by  making  inquiries  at  the  Department,  the  Treasuiy  Depart- 
ment had  a  force  of  4,881  employees,  while  the  Interior  Department  had  4,440 
employees.  When  I  speak  of  employees  I  mean  the  employees  who  are  working  in 
the  several  bureaus  in  Washington.  The  other  departments  have  but  a  minor  force — 
the  Department  of  Justice  only  141,  the  Navy  Department  324,  the  State  Depart- 
ment 95,  the  Post-Office  Department  697,  the  Agricultural  Department  804,  the  War 
Department  1,787 — while  each  of  the  other  departments,  the  Treasury  and  the 
Interior  Department,  has  a  larger  force  than  all  the  other  departments  combined. 

Now,  look  at  the  character  of  those  departments.  Take,  for  instance,  the  Treasury 
Department.  The  chief  scope  and  purpose  of  that  Department  is  to  take  charge  of 
the  fiscal  and  financial  operations  of  the  Government;  to  collect  the  revenue  from 
customs  and  internal  revenue;  to  disburse  tliat  revenue  for  all  public  purposes;  to 
take  charge  of  our  currency,  of  the  coinage,  of  our  national  debt,  and  of  all  that  per- 
tains to  the  fiscal  and  financial  operations  of  the  Government.  As  its  name  implies, 
it  is  the  Treasury  Department,  or  what  they  call  in  other  governments  the  finance 
department,  of  the  Govermnent. 

Now,  in  the  course  of  time  that  Department  has  been  lumbered  up  with  a  lot  of 
matters  foreign  to  its  main  purpose.  The  Department  of  the  Treasury  has  attached 
to  it  the  Life-Saving  Service,  the  Light-House  Board,  the  Marine-Hospital  Service, 
the  Steamboat-Inspection  Service,  the  Bureau  of  Navigation,  the  United  States  Ship- 
ping Connnissioners,  the  Bureau  of  Inunigration,  the  Bureau  of  Statistics-,  and  the 
United  States  Coast  and  (Jeodetic  Survey. 

Now,  all  these  branches  of  the  public  service,  the  titles  of  which  I  have  read,  have 
no  relevancy  to  or  bearing  upon  the  financial  or  fiscal  administration  of  the  (ioveru- 
ment.  They  have  charge  of  matters  each  and  all  of  whit'h  peculiarly  appertain  to 
commerce  and  navigation,  to  the  industrial  interests  of  this  country,  and  they  ought 
not  to  be  attached  to  a  department  t'liarged  with  the  fiscal  affairs  of  the  Government. 

Mr.  Hale.  Mr.  President 

The  Presiding  Officer  (Mr.  Fairbanks  in  the  chair).  Does  the  Senator  from  Min- 
nesota yield  to  the  Senator  from  Maine? 

Mr.  Nelson.  Certainly. 


LEGISLATIVE    HISTOKY  443 

Mr.  Hale.  I  perceive  the  force  of  the  suggestion  which  tlie  Senator  from  Minne- 
sota irt  making.  It  has  struck  me  in  reading  over  tlie  list  of  these  different  bureaus 
in  the  Treasury  Department 

Mr.  Nelson.  If  tiie  Senator  will  allow  me,  I  could,  before  he  asks  the  question, 
give  him  a  little  supplemental  inforiuation  which  \vould  make  his  (piestion  more 
germane,  I  think. 

Mr.  IIalk.  I  was  merely  going  to  ask  why  all  these  branches  should  l)e  taken  out 
and  i)ut  in  a  new  department — the  JJght-iiouse  Service,  the  Steamboat-Inspection 
Service,  the  Shipping  Commissioners,  etc. — while  the  Uevenue-Cutter  Service  was  left 
with  the  Treasury  Department? 

Mr.  Nelson.  My  answer  to  that  is  this,  and  the  Senator  can  see  the  force  of  it: 
The  Kevenue-Marine  Service  aids  in  the  collection  of  our  revenue  on  water.  It  par- 
tains  to  the  tiscal  management  of  the  Government.  It  is  the  duty  of  that  service  to 
look  after  snuiggling  l)y  water.  We  have  along  our  international  boundary  a  lot  of 
Treasury  agents  looking  after  smuggling  by  land,  and  the  Revenue-Cutter  Service  is 
tliat  branch  of  the  service  which  looks  after  those  matters  on  water,  if  I  may  use  that 
expression.  That  is  why.  It  appertains  peculiarly  to  the  collection  of  our  revenue, 
and  has  to  protect  and  preserve  it  from  smuggling  and  other  things.  Hence  we  lind 
that  revenue  cutters  in  all  our  ports  and  harbors  frecjuently  run  out  to  sea  and  meet 
vessels  coming  into  port,  and  revenue  officers  are  immediately  put  on  board  the  great 
Atlantic  liners. 

I  think  the  Senator  will  agree  with  me,  in  view  of  the  fact  that  this  service  has 
peculiar  charge  of  the  branch  of  the  service  which  relates  to  the  collection  of  the 
customs  revenues,  that  it  should  belong  to  the  department  of  the  Government  charged 
with  that  duty. 

]\Ir.  H.\LE.  I  agree  with  the  Senator.  I  supposed  that  would  be  the  answer  given. 
But  I  think  it  applies  also  to  some  of  the  other  services. 

Mr.  Nelson.  I  will  take  them  up  more  in  detail  later. 

Mr.  H.\LE.  But  the  Senator  is  going  on,  and  I  will  wait  until  he  is  at  leisure. 

Mr.  Nelson.  Now,  from  a  remark  made  by  the  honorable  Senator  from  Maine  the 
other  day,  I  inferred  that  he  thought  there  was  very  little  left  for  the  Treasury 
Department.  I  will  call  his  attention,  if  he  has  the  report  of  the  committee,  to  page 
4,  where  he  will  find  the  fact  stated  that,  taking  these  bureaus  and  divisions  out  of 
the  Treasury  Department,  as  the  bill  proposes,  the  Treasury  Department  will  still 
be  left  with  the  following  bureaus  and  divisions  of  the  public  service;  and  if  the 
Senator  will  listen  he  will  see  what  a  multitude  they  are: 

Treasurer  of  the  United  .States,  Director  of  tlie  Mint,  Comptroller  of  the  Currency,  Bureau  of 
Engraving  and  Printing,  Division  of  Public  Moneys,  Division  of  Loans  and  Currency,  Secret  Service 
Division,  Comptroller  of  the  Treasury,  Register  of  the  Treasury,  Auditor  for  the  Treasury  Depart- 
ment, .\uditor  for  the  War  Department,  Auditor  for  the  Interior  Department,  Auditor  for  the  Navy 
Department,  Auditor  for  the  State  and  other  Departments,  Auditor  for  the  Post-Oftiee  Department, 
national-bank  redemption  agencies.  Commissioner  of  Internal  Revenue,  Commissioner  of  Customs, 
and  tlie  Revenue-Cutter  Service. 

All  those  bureaus  will  remain  the  Treasury  Department,  and  it  will  have  a  great 
and  immense  force. 

Now  let  me  call  the  Senator's  attention  to  the  character  of  the  divisions  of  the 
service  which  it  is  proposed  to  transfer  to  the  new  Dei)artment  from  the  Treasury 
Department.  We  transfer,  first  of  all,  the  Bureau  of  Navigation,  because  it  relates 
to  the  shipping  industries  of  the  country.  In  connection  with  it  we  transfer  the 
Life-Saving  Service  and  the  Light-House  Board.  Now,  a  mere  inspection — and  it 
needs  no  argument,  for  everyone  can  see  at  a  glance — shows  that  the  Life-Saving 
Service  and  the  Light-House  Board  all  pertain  to  our  shipjiing  interests.  They  relate 
to  matters  of  navigation.  They  have  no  bearing  on  or  relevancy  to  any  of  the  chief 
duties  vested  in  the  Treasury  Department.  They  have  no  bearing  upon  the  financial 
or  fiscal  operations  of  the  Government.  They  bear  directly  upon  our  shipping  indus- 
tries and  indirectly  upon  our  commercial  interests  so  far  as  they  are  connected  with 
our  shi|)ping  industry. 

The  same  is  true  of  the  Light-House  Service  and  the  Marine-Hospital  Service. 
The  latter  service  is  charged  with  looking  after  the  welfare  of  our  .sailors  connected 
with  our  merchant  marine.  Why  should  that  service  remain  with  the  Treasury 
Dejiartment?  Why  should  not  that  be  attached  to  the  Department  of  Commerce 
and  IndiLstries? 

Take  the  Steamboat-Inspection  Service,  engaged  in  insjiecting  our  steamboats  and 
seeing  that  they  are  safe — that  they  are  properly  licensed  to  navigate  our  waters. 
Why  should  tlie  Treasury  Department  be  charged  with  that  duty,  and  is  not  that  a 
duty  which  i)eculiarly  pertains  to  the  province  of  commerce  and  to  our  shipping 
industries?    The  same  is  true  of  the  United  States  shipping  commissioners,  who  have 


444  LEGISLATIVE    HISTORY 

charge  and  look  after  the  welfare  of  our  sailors  in  their  taking  service  on  Ijoard  of 
vessels. 

Now,  take  the  Bureau  of  Immigration.  It  does  not  relate  to  any  of  the  fiscal  and 
financial  affairs  of  the  Government,  but  to  the  industrial  welfare  of  the  nation.  It 
has  a  bearing  upon  the  interests  of  the  laboring  man.  It  has  a  bearing  upon  our 
manufacturing  industries  and  all  the  industries  of  the  country.  There  ought  to  be 
under  the  Department  of  Commerce,  if  anything  ought  to  be  under  that  Department, 
the  question  of  passing  upon  and  executing  our  immigration  laws  and  examining 
immigrants  who  come  to  our  shores. 

INIr.  Hale.  How  about  the  United  States  Coast  and  Geodetic  Survey? 

Mr.  Nelson.  I  have  this  to  say  about  that  department:  The  Coast  and  Geodetic 
Survey  was  established  years  ago,  and  it  was,  when  first  established,  assigned  to  the 
Treasury  Department.  Then  the  question  came  up,  and  it  has  been  a  question  off 
and  on,  as  to  whether  it  ought  iiiA.  to  be  assignetl  to  the  Navy  Department.  In  1843 
Congress  provided  by  act  (March  3,  1843)  for  an  examination  and  settlement  of  the 
matter.  That  act  authorized  a  board  to  submit  a  plan  for  the  approval  of  the  Presi- 
dent. The  board  consisted  of  the  Superintendent  of  the  Survey,  two  of  his  civilian 
assistants,  four  officers  of  the  Army,  and  two  of  the  Navy.  This  board  resolved  that 
inasmuch  as  the  o})ject  and  purpose  of  the  survey  of  the  coasts  refer  particularly  to 
the  commercial  intercuts  of  the  country  it  should  be  under  the  control  of  the  Treas- 
ury Department.  It  provided  that  army  and  naval  of33cers,  as  well  as  civilians, 
should  participate  in  the  work. 

During  the  Mexican  war  all  of  the  military  officers  who  were  connected  with  the 
work  were  withdrawn  and  sent  to  the  front,  and  at  the  commencement  of  the  civil 
war  the  same  took  place.  All  the  military  and  naval  officers  were  withdrawn  from 
this  service  and  sent  into  active  service.  The  same  took  place  during  the  Spanish 
war.  We  find,  l)y  looking  at  the  record  of  the  operations  of  the  Coast  and  Geodetic 
Survey,  that  while  they  had  officers  of  the  Army  and  officers  of  the  Navy  participat- 
ing in  the  work,  every  time  there  has  been  a  war — the  war  with  Mexico,  the  civil 
war,  and  the  Spanish  war — those  officers  have  been  withdrawn  from  the  service  and 
the  work  has  been  committed  to  civilian  employees,  and  the  work  has  been  done 
well. 

Now,  what  is  the  chief  work  of  that  Bureau?  It  is  to  examine  the  waters  of  our 
seacoasts  as  far  as  tide  water  and  to  sound  those  and  chart  them  and  to  prepare  the 
charts  for  purposes  of  navigation.  Our  merchant  marine  is  more  interested  in  their 
work  than  is  any  other  department  of  our  industrial  life,  and  the  duties  of  the  civilian 
employees  are  first  of  all  to  go  in  their  boats  along  the  coast  and  make  soundings  of 
the  depths  of  the  harbors  and  of  the  entrance  to  harbors  and  of  our  coasts  in  the 
interests  of  navigation.  Now,  no  one  can  dispute  that  civilians  are  as  competent  to 
perform  that  work  as  any  naval  man  or  military  man.  After  that  work-  has  been 
done  in  the  field,  after  the  soundings  have  been  made  and  the  depths  of  our  waters 
along  the  coast  have  been  ascertained  from  an  actual  survey  on  the  ground,  then  the 
work  is  platted  and  charted,  and  those  charts  are  distributed  to  the  different  vessels 
in  our  mercliant  marine.  There  is  no  occasion,  in  my  judgment,  to  put  that  uiJon, 
and  it  should  not  be  put  upon,  the  Navy  Department  of  the  Government. 

The  Navy  Department,  especially  in  time  of  war,  has  need  for  all  of  its  naval  offi- 
cers for  its  work.  They  are  educated  for  that  purpose,  and  we  need  them  for  that 
work.  Our  experience  in  the  past  has  demonstrated  that  whenever  we  had  a  war 
Army  and  Navy  men  connected  with  that  work  have  been  withdrawn  from  the  serv- 
ice and  have  been  put  into  the  active  service,  and  the  work  has  been  left  to  civilian 
employees.  Inasnnich  as  this  service  pertains  to  our  shipping  and  the  welfare  of  our 
shipping  interests  and  our  merchant  marine,  I  say  appropriately  and  necessarily  it 
belongs  to  the  Department  of  Connnerce. 

I  wish  to  call  attention,  further,  in  this  connection  to  the  fact  that  the  Navy 
Dei)artment  has  an  office  called  the  Hydrographic  Office,  which  was  established 
originally  as  a  depot  for  the  collection  of  and  the  supplying  of  the  Navy  with  charts 
antl  instruments.  The  main  work  of  that  office  is  to  secure  charts  of  surveys  by 
foreign  governments,  and  to  reprint  them  and  furnish  them  to  our  Navy.  They 
have  a  work  of  their  own.  They  do  a  work  that  the  Coast  and  Geodetic  Survey  can 
not  do.  They  gather  information  from  foreign  nations  of  surveys  made  in  foreign 
harbors  and  along  coast  lines,  get  their  charts,  reprint  those  charts,  and  distribute 
them  among  our  naval  officers.  So  they  are  amply  provided  for  in  that  1)i'anch  of 
the  servit'e,  and  there  is  no  occasion  to  make  this  Department,  which  has  nothing  to 
do  with  that  branch  of  it,  a  part  of  the  Navy  Department. 

Mr.  Hale.  Is  the  Senator  about  to  leave  this  particular  subject? 

Mr.  Nelson.  Yes,  in  part,  but  I  am  coming  l)ack  to  it  afterwards. 

Mr.  Hale.  When  the  matter  was  called  up  on  Thursday  I  stated  that  I  was  getting 


LEGISLATIVE   HISTORY  445 

soino  papers  wliich  would  boar  on  tlu^  suhjoct,  and  the  Senator  in  cliarfie  of  the  l)ill 
tsaid  tliey  had  (U'tcrniiiu'd  not  to  infjist  uiK)n  this  reniainin<r  in  tlie  hill,  hut  it  would  ^o 
hack  to  tiie  Treasury  IH'partuK'ut,  so  that  the  old  controversy  hetween  that  Depart- 
ment and  the  Navy  hepartuicnt  inifxht  at  any  time  he  taken  up  as  a  sejiarate  measure. 
On  looking  the  matti-r  over  1  saw  the  foi'cc  of  tliat.  I  hav«^  no  douht  the  Senator 
proposes  to  do  that.  Therefore  i  have  not  armed  myself  with  the  papprs  necessary 
if  the  contest  wen^  to  he  made  for  iucorporatiuy;  these  duties  into  the  Navy  Depart- 
ment. If  the  Senator  does  that,  then  that  cmitroversy  will  be  taken  up  hereafter 
between  tiie  two  l)epartments  as  Iw  indicated  tlu'  other  day. 

Mr.  Nelson.  I  may  say,  in  this  connection,  if  the  Senator  will  allow  me,  that  the 
committee  as  a  connnittee  took  no  action.  Whatever  I  said  and  di(l  the  other  day 
was  rather  more  on  my  own  responsibility;  and  after  looking  over  the  (piestion  care- 
fully I  am  satisfied  in  my  own  mind  that  tlie  Coast  and  Geodetic  Survey  ought  to 
belong  to  the  Department  of  Commerce. 

I\Ir.  H.VLE.  The  Senator  took  the  responsibility  that  a  Senator  does  who  is  in  charge 
of  a  bill.  I  wish  he  had  told  me  that  at  the  time,  because  he  clearly  made  the  prop- 
osition that  he  would  move  to  strike  that  out  and  leave  the  service  where  it  is  and 
where  it  has  been,  and  let  the  controversy  come  up  afterwards.  I  supposed,  of 
cour.'je,  that  that  would  be  done,  and  have  supposed  so  and  do  now.  I  do  not  think 
the  Senator  will  undertake  to  go  back  in  any  way  upon  the  suggestion  made  at  that 
time. 

Mr.  Nelson.  The  honorable  Senator  from  IVIaine  will  remember  that  he  at  that 
time  also  indicated  that  he  would  move  to  amend  and  to  attach  this  Bureau  to  the 
Navy  Department,  so  that  the  doul)le  question  was,  in  a  measure,  pending. 

Mr.  Hale.  Undoubtedly,  technically  pending,  because  the  provision  did  not  go 
out.  That  is  what  l)rought  it  up;  l)ut  on  the  strength  of  the  Senator's  j)rojio.siti()n  I 
concluded  not  to  go  further  and  not  to  ask  the  Senate  to  consider  the  amendment, 
and  I  did  not  arm  myself  with  the  documents  and  papers.  When  the  Senator  got 
up  this  morning  I  supposed,  of  course,  that  he  was  going  to  move,  as  he  did  the  other 
day,  to  strike  that  out.     I\Iy  amendment  would  go  with  it. 

Sir.  Nelson.  I  have  taken  some  pains  to  ascertain  the  number  of  employees  in  the 
bureaus  and  divisions  of  the  public  service  taken  by  ttiis  jjill  from  the  other  depart- 
ments and  transferred  to  the  Department  of  Commerce.  I  did  this  because  it  was 
claimed  the  other  day  that  we  were  clipping  the  other  departments  and  making  this 
the  great  dominating  department.  I  find,  by  looking  up  the  records— and  I  will  say 
to  the  Senator  from  Maine  that  I  have  taken  the  last  legislative  appropriation  act  in 
order  to  get  the  figures  correct — that  the  number  is  as  follows.  I  refer  simply  to  the 
employees  in  the  Government  bureaus  in  Washington  and  not  to  those  in  tlie  field. 
In  the  Life-Saving  Service  there  are  29  employees  who  are  transferred  to  this  Depart- 
ment by  the  pending  bill;  in  the  Light-House  Board,  32;  in  the  Marine-Hospital 
Service,  29;  in  the  Steamboat-Inspection  Service,  7;  in  the  Bureau  of  Navigation,  21; 
in  the  Bureau  of  Immigration,  7;  in  the  Bureau  of  Statistics,  37;  in  the  Coast  and 
Geodetic  Survey,  124.  This  makes  a  total  of  286  employees  taken  from  the  Treasury 
Department  out  of  a  total  f(jrce  of  4,595. 

Now,  take  the  Interior  Department. 

Mr.  Pettis.  Mr.  President. 

The  Presiding  Officer  (Mr.  Gallinger  in  the  chair).  Does  the  Senator  from  Min- 
nesota yield  to  the  Senator  from  Alabama? 

Mr.  Nelson.  Certainly. 

Mr.  Pettus.  I  understood  the  Senator  to  consent  at  the  last  meeting  that  the 
United  States  Coast  and  Geodetic  Survey  should  be  taken  out  of  the  l)ill.  Is  it  not 
stricken  out? 

]VIr.  Nelson.  No;  it  is  not  stricken  out.     It  is  still  pending. 

Mr.  Pettcs.  What  is  the  status  of  the  provision? 

Mr.  Nelson.  The  amendment  is  still  pending.     It  was  not  disposed  of. 

Mr.  Platt,  of  Connecticut.  Before  the  Senator  from  Minnesota  speaks  of  the  Inte- 
rior Dei)artment,  I  wish  to  assure  him  that  I  am  in  favor  of  the  creation  of  a  Depart- 
ment of  Commerce,  but  may  I  ask  if  there  are  not  many  officials  outside  of  Washington 
who  are  connected,  for  instance,  with  the  Immigration  Bureau? 

Mr.  Nelson.  Oh,  yes;  I  have  not  taken  them  into  account  in  the  figures.  I  wish 
to  say  to  the  Senator  that  in  figuring  up  the  aggregate  number  of  employees  of  the 
Treasury  Department  I  only  took  the  number  of  employees  who  are  employed  in 
bureaus  in  Washington. 

Mr.  Platt,  of  Connecticut.  All  the  employees  of  the  Innuigration  Bureau,  whether 
employed  here  in  Washington  or  elsewhere,  would  come  under  the  control  of  the 
new  Department,  would  they  nf)t? 

Mr.  Nelson.  Certainly;  l)ut  I  wish  to  call  the  Senator's  attention  to  the  fact  that 
in  respect  to  the  Treasury  Department  there  are  a  multitude  of  collectors  and  deputy 


446 


LEGISLATIVE    HISTORY 


collectorr;  and  other  agents  outside  of  Washington,  and  so  in  the  Internal-Revenue 
Service.  Those  have  not  entered  into  this  count.  So  the  count  is  as  fair  on  one  side 
as  on  the  otlier. 

Now,  take  tlie  Interior  Department.  The  aggregate  number  of  employees  in  that 
Department  here  in  Washington,  and  I  do  not  include  tlie  agents  they  have  in  the 
field,  is  3,H35k,  The  total  number  of  employees  in  the  Patent  Office  here  is  605.  1 
will  state  to  the  Senator  from  Connecticut  that  my  statement  is  based  upon  figures 
that  I  got  from  the  Department  a  year  ago  as  the  result  of  a  direct  corresi)ondence 
with  the  Department. 

Mr.  Platt,  of  Connecticut.     What  is  the  number  in  the  Patent  Office? 

Mr.  Nelson.  Six  hundred  and  live  here  in  Washington. 

Mr.  Platt,  of  Connecticut.  I  think  the  number  has  somewhat  enlarged,  and  that 
there  are  now  between  600  and  700  employees. 

Mr.  Nelson.  The  number  may  have  been  enlarged.  These  figures  were  given  a 
year  ago. 

Now,  as  to  the  Census  Office,  it  is  impossible  to  give  the  figures.  I  understand  that 
that  Bureau  had  somewhere  in  the  neighborhood  of  2,700  employees,  exclusive  of 
the  enuiDerators.  They  had  at  the  maximum  something  like  2,700  employees  and 
a  little  over  here  in  Washington.  That  force  has  been  reduced.  A  month  ago, 
I  think,  it  was  reduced  to  1,700  or  1,800,  and  it  is  still  being  reduced.  I  apprehend 
at  this  time  that  there  are  perhaps  not  more  than  half  of  the  original  force  in  that 
Bureau,  and  it  is  likely  that  within  the  next  year  it  will  be  largely  reduced,  perhaps 
reduced  to  400  or  500  employees. 

The  Bureau  of  Foreign  Commerce,  which  is  the  only  Bureau  transferred  from  the 
Department  of  State,  has  10  employees.  Then  we  have  three  departments,  or 
bureaus,  or  divisions  that  are  outside  of  any  executive  departments.  They  exist  by 
themselves  independently.  One  i^  the  Department  of  Labor,  with  a  force  of  78 
employees.  Another  is  the  United  States  Fish  Commission,  with  38  employees,  and 
in  that  I  do  not  include  any  of  those  who  are  out  at  the  different  fish  stations  of  the 
country. 

I  have  also  made  a  brief  estimate  of  the  additional  force  that  I  imagine  would  be 
necessary  for  this  new  Departinent  to  start  with,  and  the  salaries,  in  addition  to  the 
force  it  gets  by  a  transfer  of  these  bureaus  and  divisions  of  the  public  service.  First, 
Secretary,  with  a  salary  of  |8,000;  Assistant  Secretary,  $4,000;  Chief  of  the  Bureau 
of  Manufactures,  $3,000.  Those  are  the  three  principal  offices  for  which  salary  is 
provided  in  the  bill. 

Then  in  the  Secretary's  office  I  have  estimated,  after  conferring  with  those  who 
ought  to  know,  that  it  would  require  in  the  first  instancy  1  chief  clerk,  1  disbursing 
clerk,  1  clerk  of  class  4,  2  clerks  of  class  3,  2  clerks  of  class  2,  and  6  of  class  1.  The 
aggregate  salary  of  these  would  be  $18,800. 

In  the  Bureau  of  Manufactures,  which  is  a  new  bureau  entirely,  I  estimate  that 
the  force  in  the  first  instance  required  would  be  a  chief  clerk,  at  a  salary  of  $2,000; 
1  clerk  of  class  4,  $1,800;  2  clerks  of  class  3,  $3,200;  4  clerks  of  class  2,  $5,600;  and  6 
clerks  of  class  1,  $7,200;  making  a  total  of  $19,800. 

The  aggregate  increase  of  salaries  by  this  bill,  as  I  figure  it,  would  be  $53,600.  This 
would  e(]uip  the  Department,  in  the  first  instance,  with  a  working  force,  in  addition 
to  the  force  gathered  by  a  transfer  from  the  different  bureaus  and  divisions  of  the 
public  service. 

I  submit  the  figures  in  detail  and  in  tabulated  form  to  be  inserted  in  the  Record. 

The  tables  referred  to  areas  follows: 

List  of  employees  and  salaries  in  the  several  bureaus  and  divisions  transferred  to  the  Depart- 
ment of  Commerce. 


LIGHT-HOUSE  BOARD. 

1  chief  clerk 82, 400 

2  clerks  class  4,  atSl,800 3,000 

2  clerks  class  3,  at  »1,600 3, 200 

2clerks  class  2,  at81,400 2,800 

4  clerks  class  1,  at  SI, 200 4,800 

2  clerks,  at  SI, 000 2, 000 

10  clerks,  at  S900 9, 000 

1  clerk 840 

2  assistant  messengers,  at  1720 I,  440 

1  laborer fiOO 

1  assistant  civil  engineer 2, 400 

1  draftsman 1,800 

1  draftsman 1,5()0 

1  draftsman 1,440 

1  draftsman 1,200 

32           Total 39,080 


LIFE-SAVING  SERVICE. 

1  General  Superintendent $4,000 

1  assistant  su[H-rintendent 2,500 

1  principal  clerk 2,000 

1  topographer  and  hydrographer 1, 800 

I  civil  engineer 1 ,  800 

1  draftsman 1 ,  600 

4  clerks  class  4,  at  11,800 7,200 

3  clerks  class  3,  at  $1,600 4,800 

3  clerks  class  2,  at  $1 ,400 4, 200 

5  clerks  chiss  1 ,  at  $1 ,200 6, 000 

2  clerks,  at  SI, 000 2,  000 

4  clerks,  at  SV)00 3,  (WO 

1  assistant  messenger 1  ,  gon 

1  laborer /  ^''^■^ 


29 


Total 42,780 


lp:gislative  history 


447 


Lixl  (if  iiitplojicis  hik!  siiltd-i 


X  in  the  several  huremis  and  diviKiojia  transferred  to  the  Deparl- 
iiient  of  Commerce — Continued. 


TIIK  MAKINK-HDSI'ITAL  SKKVICE. 

1  Snpcrvisiiif;  SiirKooii-iJoiioml JI.OOO 

I  chief  i-lork 2, TOO 

•2  clerks  class  I,  at  $\,xm 3,(i00 

4  dorks  class  ;?.  at  Sl.tiOO f.,100 

;?  clerks  class  •_',  at  SI ,-100 4,  '200 

■I  dorks  class  1,  at  Sl.L'OO -1,800 

1  dork  and  translator 3,200 

1  hospital  steward 1, 200 

6  dorks,  at  S900 5, 100 

1  inossenKor 600 

5  laborers,  at  ^''lO 2, 700 

29             Total 30,100 

STKAM BOAT-INSPECTION  SERVICE. 

1  Supervising  Inspector-General 83, 500 

1  chief  clerk 1,800 

2  clerks  class  3,  at  »1,600 3, 600 

1  dork  class  1,  at  $1,200 1, 200 

1  clerk  class  1  (stenographer  and  type- 
writer)    1, 200 

1  messenger 440 

7  Total 11, 740 

BUREAU  OF  NAVIGATION. 

1  Commissioner  of  Navigation S3,  COO 

2  dcrks  class  4,  at  81,800 3,600 

Dei)iitv  Commissioner  (one  of  above 

clerks) 400 

lderkdass3 1,600 

2  clerk.s  class  2,  at  81 ,400 2, 800 

4derksclassl.  at81,200 4,800 

9  clerks,  at  8900 8, 100 

1  a.ssistant  messenger \  ■,  ooa 

1  laborer f  ' 

21             Total 26,280 

BUREAU  OF  IMMIGRATION. 

1  Commissioner-General    of    Immigra- 
tion    84,000 

1  chief  clerk 2, 2.50 

1  confidential  clerk 1,200 

1  statistician  and  stenographer 1,800 

1  supervising  immigrant  inspector 1,  (500 

1  messenger A  ■,  c^q 

1  assistant  messenger J  ' ' 

7  Total 12,410 

BUREAU  OF  STATISTICS. 

1  ofticcr  in  charge 83, 500 

1  chief  clerk 2, 250 

1  statistical  clerk 2, 000 

4  clerks  of  class  4,  at  81,800 7,200 

3  clerks  of  class  3,  at  81,600 4,800 

1  steno.i,'niiilier  and  typewriter l.-'iOO 

5  clerks  class  2,  at  81,400 7, 000 

8  clerks  class  1,  at  81,200 9, 6U0 

1  translator 1 ,  200 

6  clerks,  at  81,000 6, 000 

2  copyists I 

1  messenger I  ,  y.,Q 

1  assistant  messenger f  '   " 

1  laborer ) 

1  female  laborer 480 

37           Total 49,  .'■).'')0 


COAST  AND  GEODETIC  SURVEY 

1  Sui)erintendent 8">,  000 

2  assistants,  at  84,000 8, 000 

1  assistant 3,200 

5  a.ssistants,  at  8:^,000 15, 000 

5  assistants,  at  82,500 12, 500 


COAST  AND  GEODETIC  SURVEY— Continued. 

1  assistant 82, 4(X) 

8  assistan  ts,  at  82,200 17,  (iOO 

5  assistants,  at  ?f2,(HH) 16, 000 

3  assistants,  at  81,S00 5, 400 

4  assistants,  at  81,600 6, 400 

3  assistan  ts,  at  81 ,400'. 4, 200 

K  assistants,  at  81,200 9, 600 

ti  aids,  at  S'JtK) 5,400 

23  aids,  at  8720 16,  .560 

78  Total  127,260 

OFFICE  J-QRCE. 

1  disbursing  agent 82,200 

1  chief,  division  library  and  archives  ..  1,800 

2  clerks,  at  Sl.SUO 3, 600 

2  clerks,  at  81,6.50 3, 300 

4  clerks,  at  81,400 5, 600 

6  clerks,  at  81,200 7,200 

3  clerks,  at  fl  ,000 3, 000 

¥uT  chart  correctors,  buoy  colorists, 
stenographers,  writers,  typewrit- 
ers, and  copyists,  namely: 

2at81,200 2,400 

3  at  8900 2, 700 

1  at  8800 800 

7  at  8720 6, 040 

1  at  8600 600 

For  topographic  and  hydrographie 
draftsmen,  namely. 

1  at  82,400 2, 400 

1  at  82.200 2, 200 

2  at  82,000 4, 000 

3  at  81,800 5, 400 

2  at  81,600 3, 200 

2  at  81,400 2,800 

1  at  81,200 1, 200 

3  at  81,000 3, 000 

2  at  8900 1, 800 

1  at  8700 700 

For  astronomical,  geodetic,  tidal, 
and  miscellaneous  computers, 
namely:' 

2  at  82,000 4, 000 

1  at  81,800 1, 800 

4  at  81,600. 6, 400 

1  at  81,400 1, 400 

1  at  81, 200 1,200 

3  at  81,000 3, 000 

Copperplate  engravers,  namely: 

3  at  82,000 6,000 

2  at  81,800 3, 600 

2  at  81,600 3, 200 

1  at  81,400 1,400 

2  at  81.200 2, 400 

2  at  81,000 2,000 

4  at  8900 3, 600 

1  at  8700 VOO 

Electrotvpcrs  and  photograi)her.s, 
plate  printers  and  their  helpers, 
instr\mient  makers,  capcntcrs,  en- 
gineers, and  otherskilled  laborers, 
namely. 

2  at  81,800. .  .■ 3, 600 

1  at  81,600 1, 600 

9  at  81 ,200 10, 800 

5  at  81, 000 5,000 

1  at  8900 900 

6  at  8700 4,200 

Watchmen,  )iremeii,inessenger.s and 
laborers,  packers  and  folders,  and 
miscellaneous  work,  namely: 

3at8S80 2,640 

4at8820 -• 3,280 

2  at  8700 1, 400 

2  at  8640 1,280 

4  at  8630 2, 530 

2  at  85.50 1. 100 

1  laborer 5.50 

2  laborers,  at  83C.5 730 

124             Total 145, 240 


448 


LEGISLATIVE    HISTORY 


List  of  emploijces  and  sdlarics  in  the  several  bureaus  and  divisions  transferred  to  the  Depart- 
ment of  Commerce — Continued. 


PATENT  OFP^ICE. 

1  Commissioner  of  Patents S5, 000 

1  Assistant  Commissioner 3, 000 

1  chief  clerlv 2, 250 

2  law  clerks,  at  $2,000 4, 000 

3  examiners  in  chief,  at  J3,000 9, 000 

1  examiner  of  interference 2,500 

32  iiriiicii>al  examiners,  at  82,500 80,000 

34  lirst  assistant  examiners,  atSl.SOO 61,200 

35  second  assistant  examiners,  at  fl,600  .  60, 800 
43  third  assistant  examiners,  at  $1,400  .. .  60, 200 
52  fonrth  assistant  examiners,  at  $1,200. .  62, 400 

1  financial  cleric 2,000 

1  librarian 2,000 

3  chiefs  of  division,  at  $2, 000 6, 000 

3  assistant  chiefs  of  division,  at  $1,800  . .  5, 400 

5  clerks  of  class  4 9, 000 

1  machinist 1,  600 

6  clerks  of  class  3 9, 600 

14  clerks  of  class  2 $19, 600 

50  clerks  of  class  1 60, 000 

1  skille.l  laborer 1, 200 

3  skilled  draftsmen,  at  $1,200 3,600 

4draft>.men,  at  $1,000 4,000 

25  permanent  clerks,  at  $1,000 25, 000 

1  messenger  and  property  clerk 1,000 

5  model  attendants,  at  $1,000 5, 000 

10  model  attendants,  at  $800 8, 000 

60  copyists,  at  $900 54, 000 

76  copyists,  at  $720 54, 720 

3  messengers,  at  $840 2, 520 

20  assistant  messengers,  at  $720 1 4, 400 

45  laborers,  at  8600 27,000 

45  laborers,  at  $480 21,600 

15  messenger  boys,  at  1360 5, 400 

605           Total 692,990 

DEPARTMENT  OF  LABOR. 

1  Commissioner  of $5, 000 

1  chief  clerk 2, 500 

1  disbursing  clerk 2, 000 

4  statistical  experts,  at  $2,000 8, 000 

4  clerks,  class  4,  at  $1,800 7, 200 

5  clerks,  class  3,  at  $1,600 8, 000 

6  clerks,  class  2,  at  $1,400 8, 400 

12  clerks,  class  1,  at  $1,200 14,400 

10  clerks,  at  $1,000 10,000 

2  copyists 1 

1  messenger 

1  assistant  messenger I     ^  c.^ 

3  watchmen |     '"' 

4  laborers 

3  charwomen I 

6  special  agents,  at  $1,600 9, 600 

10  special  agents,  at  $1,400 14, 000 

4  special  agents,  at  $1,200 4, 800 

78           Total 102,780 


COMMISSIONER   OF    FISH  AND    FISHERIES.' 

1  Commissioner $5, 000 

1  chief  clerk 2,400 

1  stenographer  (to  Commissioner) 1, 600 

1  librarian 1 ,  200 

1  clerk,  class  4 1,800 

2  clerks,  class  3,  at  $1, 600 3, 200 

1  private  secretary 1, 200 

1  clerk 1,000 

2  clerks,  at  $900 1, 800 

1  engineer 1,080 

3  firemen,  at  $600 1,800 

2  watchmen,  at  $720 1,440 

3  janitors  and  messengers,  at  $600 1, 800 

1  janitress 480 

1  messenger 240 

22            Total 26, 040 

OFFICE  OF  ACCOUNTS. 

1  disbursing  agent $2, 200 

1  e.xaminer  of  accounts 1,600 

1  property  clerk 1, 600 

1  clerk,  class  1 1, 200 

1  bookkeeper 1, 080 

5             Total 7,680 

OFFICE  OF  ARCHITECT   AND   ENGINEER. 

1  architect  and  engineer $2, 200 

1  draftsman 1, 200 

1  draftsman 900 

1  clerk 720 

4  Total 5,020 

Division  of  Fish  Culture  office 38,  740 

1  assistant  in  charge 2,  700 

Isuperintendentofcarandmessservice.  1,600 

1  clerk,  class  3 1, 600 

1  clerk,  class  2 1,400 

2  clerks,  class  1,  at  $1,200 2, 400 

1  copyist 720 

7           Total... 10,420 

38  Total  Commissioner  of  Fish  and 

Fisheries 49, 160 

BUREAU  OF  FOREIGN  COMMERCE. 

1  chief $2, 100 

Gclerks \    g  am 

2  laborers /    ^'^^ 

1  messenger 660 

10           Total 12,720 


Total  new  salaries  and  new  force  inrolved  in  the  Department  of  Commerce  bill  in  the  first 

instance. 

1  Secretary,  salary $8, 000 

1  Assistant  Secretary,  salary 4, 000 

1  chief.  Bureau  of  Manufactures,  salary 3,000 

13  force  in  Secreta ry •^  office  { see  " A" )  18, 800 

14  force  in  Bureau  of  "^lanufactures  (see  "A") 19,800 

30  Total 53, 600 

Total  force  in  Department  of  Commerce  (sec  "B") 1,047 

Total  force  left  in  Treasury  Department  (see  "B") 4,595 

Total  force  left  in  Interior  Department  (see  "B") 3,835 

Total  force  left  in  State  Department  (see  "B") 85 


LEGISLATIVE    HISTUKY 


44y 


"A."— NKW  FORCE  OF  FMPLOYKKS  IN    TIIIC  HKPAKTMIsNT  OF  COMMEItOK. 

Secretarv'a  oflioe: 

1  eliii'f  clerk         $2,000 

1  (iisl)iirsiHK  clerk 1,800 

1  clerk,  class  I IMOO 

2  clerks,  class  3,  at  Sl.tiOO " ' " '  ;{' ■>(]() 

2  clerks,  class  j,  at  SI,  KK) -/^  ,so() 

6  clerks,  class  1,  ut  S1,'J00 "  y]  200 

13  Total 18, 800 

Biireati  of  manufactures: 

1  chief  clerk 2,000 

1  clerk,  class  4 1  h(K) 

2  clerks,  class  3,  at  8^1,600 '  3'  -^oo 

4  clerks,  class  2,  at  81,400 .r,;  (joo 

ti  clerks,  class  1,  at  81,200 y\  2OO 

11  Total l'j,SOO 


Treasury  Department 

Life-Saviuir  Service,  29  (see  page  440) 

Liglit-IIonse  Hoard,  32  (see  page  446) 

Mariiii'-Hos[iital  Service,  29  (see  page  447) 

Steamboat- Inspection  Service,  7  (see  page  447) 

Bureau  of  Navigation,  21  (see  page  447) 

Bureau  of  Immigration,  7  (see  page  447) 

Bureau  of  Statistics.  37  (see  page  447) 

Coast  and  (icodetic  Survey,  124  (see  page  447) . 
Interior  I )t'i>art men t 

Patent  Office  (see  page  448) 

State  Department 

Bureau  of  Foreign  Commerce  (see  page  448)  .. 

Department  of  Labor  (see  page  448) 

Fish  Commission  (see  page  448) 

Department  of  Commerce,  first  instance 


Total  Department  of  Commerce  after  transfers. 


Total 
employ- 


4,881 


4,410 
"'  95 


Number 
of  force 
trans- 
ferred to 
Depart- 
ment of 
Com- 
merce. 


1,047 


Force 
left. 


4,595 


3,835 
' ' "  '85 


Note. — These  figures  are  exclusive  of  the  Census  Office. 

Mr.  Nelson.  Now,  INIr.  President,  some  question  has  been  raised  about  the  Census 
Office.  I  desire  to  say,  in  reference  to  the  Census  Office,  that,  as  Senators  know, 
tiiat  Office  deals  exclusively  with  agricultural,  commercial,  manul'acturin<,',  and  vital 
statistics  of  all  kinds.  By  lookintr  at  the  different  departments  we  lind  tiiat  this 
matter  of  statistics  is  a  good  deal  duplicated.  They  have  a  .statistical  bureau  in  the 
State  Department  known  as  the  Bureau  of  Foreign  Commerce.  They  have  in  the 
Treasury  Department  the  great  Bureau  of  Statistics.  Then,  in  addition  to  that,  we 
have  the  Census  Bureau.     Now,  these  different  bureaus  dui)licate  the  work. 

I\Ir.  Pl.vtt,  of  Connecticut.  Is  there  not  also  a  statistical  division  in  the  Agricul- 
tural Department? 

Mr.  Nelson.  I  was  coming  to  that.  Tliat  is  an  independent  dei)artmeiit.  They 
iiave  a  statistical  division  there. 

It  ai)jK-ared  to  the  committee,  and  it  so  appears  to  me,  and  I  think  it  will  apjiear 
to  any  Si-iiat(jr  who'  gives  the  suliject  reflection,  that  this  duijlication  of  statistical 
work  IS  unnecessary  and  leads  to  needless  expense.  Hence  we  feel  that  it  would  be 
a  good  i>lan  to  attach  the  Census  P>nreau,  the  Bureau  of  Statistics  of  the  Treasury 
Department,  and  the  Bureau  of  Foreign  Commerce  in  the  State  Department  to  the 
Department  of  C(jninierce. 

Now,  we  do  not  undertake  to  do  it  at  this  time,  but  1  think  in  time,  after  we  get  a 
Secretary  at  the  head  of  that  Departiiu-nt,  and  after  he  has  considered  and  carefully 
digested  the  work  ot  these  three  different  divisions,  he  will  be  able  to  formulate  a 


27628—04- 


-29 


450  LEGISLATIVE    HISTORY 

plan  and  present  a  programme  to  Congress  by  which  all  the  statistical  work  can  be 
done  under  one  head  and  under  one  tlivision,  so  that  when  we  come  to  look  vip  a 
matter  of  statistics  we  Hhall  not  have  to  go  for  some  part  of  it  to  the  Bureau  of 
Foreign  Commerce,  for  another  part  to  the  Bureau  of  Statistics  in  the  Treasury 
Department,  for  another  to  the  Census  Office,  and  for  another  to  the  Agricultural 
Department. 

The  matter  of  census  statistics  pertains,  if  it  pertains  anywhere  at  all,  to  our  com- 
mercial and  industrial  development,  and  I  think  if  Senators  will  reflect  a  moment 
they  will  all  agree  with  me  that  this  statistical  work  ought  to  belong  to  and  be  a  part 
of  the  Department  of  Commerce. 

Now,  coming  to  the  Department  of  Lal)or,  that,  we  find,  stands  isolated  and  by 
itself.  The  purpose  of  that  Department  is  to  look  after  our  laboring  interests.  That 
Department  gathers  and  compiles  a  lot  of  statistics.  It  is  the  duty  of  that  Depart- 
ment peculiarly  to  look  after  the  interests  of  our  laboring  men.  But  our  laboring 
men  are  vitally  interested  in  our  commercial  and  our  industrial  development,  in  our 
shipping  industries,  and  in  our  fishery  in<lustries,  and  they  are  also  vitally  interested 
in  the  question  of  immigration,  the  Bureau  of  Immigration  being  attached  by  this 
bill  to  the  Department  of  Commerce. 

It  is  to  far  greater  advantage  to  the  labor  interests  of  this  country  that  their  work 
can  articulate  and  be  in  harmony  with  all  these  other  interests  and  bear  directly 
upon  the  welfare  of  the  laboring  men.  The  laboring  men  of  this  country  are  vitally 
interested  in  the  immigration  question.  They  are  vitally  interested  in  the  shipping 
question  and  in  a  merchant  marine.  They  are  vitally  interested  in  our  manufactur- 
ing industries.  They  are  vitally  interested  in  our  fishing  industries.  They  are 
vitally  interested  in  our  commercial  development.  By  gathering  all  these  bureaus 
and  de})artments  into  one  whole,  under  one  head,  the  Department  can  Avork  to  better 
purpose  and  more  efficiently  for  the  labor  interests,  the  manufacturing  interests,  and 
the  connnercial  interests  of  this  country. 

I  think  if  Senators  will  reflect  they  will  see  that  it  is  for  the  interest  of  the  labor- 
ing men  to  belong  to  a  department  where  they  can  have  something  to  say  on  the 
question  of  immigration;  something  to  say  on  the  question  of  shipping  and  our  mer- 
chant marine;  something  to  say  in  reference  to  the  fishing  industries;  something  to 
say  in  reference  to  our  manufacturing  industries  and  our  manufacturing  develoj)- 
ment,  and  the  things  which  pertain  to  our  great  commerce,  foreign  and  inland. 

Instead  of  this  being  one  of  the  largest  departments,  as  was  intimated  the  other 
day,  I  find,  on  figuring  up  the  employees  in  the  various  departments  and  divisions 
of  the  puljlic  service,  we  would  be  taking  286  employees  from  the  Treasury  Depart- 
ment and,  assuming  that  the  Patent  Office  is  taken,  605  from  the  Interior  Department; 
from  the  State  Department,  the  Bureau  of  Foreign  Commerce,  we  woulcl  take  10; 
from  the  Department  of  Labor  we  would  take  78;  from  the  Fish  Commission,  38, 
and,  counting  what  1  have  estimated  would  he  necessary  in  the  first  instance  for  the 
Department  of  Conunerce  as  an  additional  force  of  30  members,  it  would  make  the 
total  operating  force  of  this  new  Department  1,047.  The  number  would  be  1,047,  as 
compared  with  4,595  who  would  still  be  left  in  the  Treasury  Department,  3,835  in 
the  Interior  Department,  and  in  the  State  Department  85.  1  may  state  that  in  giv- 
ing these  figures  I  have  not  included  the  Census  Bureau,  for  the  reason  that  the  force 
of  that  Bureau,  under  the  present  circumstances,  is  a  fluctuating  force. 

Now,  in  reference  to  the  Patent  Office,  the  connnittee  were  of  the  opinion  that, 
inasmuch  as  the  great  Avork  of  the  Patent  Office  pertains  largely  to  industrial  inven- 
tions— inventions  relating  to  commerce,  manufacturing,  shipping,  and  all  that — it  is 
more  germane  and  has  a  closer  connection  and  bearing  upon  the  Department  of 
Commerce  than  upon  the  Interior  Department. 

Now,  what  is  the  Interior  Dejiartment,  and  what  has  that  Department  left?  The 
Interior  Department  was  estal)lished  in  1849.  I  wish  to  call  the  attention  of  Senators 
to  the  fact  that  when  that  Department  was  established  in  1849  it  was  estaltlished  by 
transferring  other  bureaus  and  divisions  from  the  other  departments.  The  Patent 
Office  business  up  to  1849  had  l)elonged  to  the  State  Department,  and  it  was  trans- 
ferred to  the  new  Department  of  the  Interior.  The  census  work,  carried  on  under 
the  United  States  marshals,  but  under  the  charge  of  the  State  Department,  was 
transferred  to  the  Interior  Department. 

The  Patent  Office  had  up  to  that  time  been  under  the  State  Department,  and  it  was 
transferred.  The  Indian  Office  was  transferred  from  the  War  Department.  The 
Land  Office  was  transferred  from  tlie  Treasury  Department.  The  Treasury  Depart- 
ment up  to  that  time  had  charge  of  the  sale  of  our  ijublic  lands.  The  Pension  Office 
was  transferred  from  the  War  Department.  There  was  a  time  in  our  history  when 
the  War  De]iartment  and  the  Navy  Department  jointly  exert'ised  authority  over 
naval  and  military  pensions.     It  was  afterwards  vested  in  the  War  Department,  and 


LEGISLATIVK    HISTORY  451 

the  War  Department,  until  tlic  I>epartinont  of  tlie  Interior  whh  estahlishcil,  in  1849, 
continnc'd  to  have  eliar>j;t'  of  tlie  I't-nsiou  liurean. 

Ifyoul'xikat  thi' liistory  of  the  <lei)at'tnu'nts  yon  will  thus  pi-e  that  tlii'  Interior 
DeiJartuKiit,  cstahlislu'd  in  1S4!»,  was  e.stal)lisluMl  ^;ilaply  by  a  transft'iftoni  tiirotlier 
overloatled  dcpartnuMits  of  tiie  (iovernnu-nt,  bnri'ans,  and  divisions,  and  the  part  so 
transferred  constituted  the  main  and  prineipal  work  of  that  Department.  The  eon- 
gestion  wiiieh  ha<l  then  occurred  in  the  other  departments,  leading  to  the  estahlish- 
nient  of  the,  then  new  l)ei)artnient  of  the  Interior,  exists  now  to  a  greater  extent, 
especially  in  the  Treasury  Department.  It  seems  that  of  later  years  almost  every- 
thing new  under  the  sun  in  reference  to  light-houses,  the  Miirine-l  lospifal  Service, 
and  a  lot  of  matters  pt-rtaining  to  eonnnerce  and  navigation  and  innnigration  have 
been  thrown  into  the  Treasury  Department,  whi'u,  as  a  mattt-r  of  fact,  they  did  not 
pertain  to  the  main  and  jirincipai  functions  of  that  Department. 

Mr.  Tresidi'iit,  I  feel  that  ]>erhaps  I  have  taken  up  the  time  of  the  Senate  too  long 
on  this  matter.  I  think  there  is  a  strong  ])ulilic  sentiment  throughout  the  country 
in  favor  of  the  establishment  of  this  new  Department.  1  think  we  need  this  new 
Department  in  order  to  put  ourselves  on  a  ]iarity  with  the  other  great  conunercial 
and  inilustrial  nations  of  the  world.  We  need  this  Department  in  order  to  place  our 
industrial  development  and  our  conunercial  develoi)ment  under  go vermnent  a  1  control, 
so  that  the  various  industries  of  this  country,  the  conunercial  and  manufacturing 
industries,  and  shipping  industries,  ami  our  merchant  marine,  can  have  that  govern- 
mental guidance  and  governmental  assistance  which  are  now  so  well  performed  by 
the  Agricultural  Department  for  the  agricultural  interests  of  the  country. 

I  wish  to  say,  further,  in  this  connection  abt)ut  the  l)ill  that  personally  I  claim 
no  creilit  for  it.  The  bill  was"  originally  prepared  by  the  worthy  Senator  from 
IMaine  [Mr.  Frye],  who  so  ably  pre.sides  over  the  deliberations  of  this  body.  He 
prepared  the  liill  and,  1  think,  reported  it  favoral)ly  in  the  Fifty-fifth  Congress.  The 
present  bill  is  simply  a  slight  elaboratit)n  and  amendment  of  that  bill.  The  idea 
came  from  the  Senator  from  ]\Iaine  originally,  and  the  conunittee  have  now  simply 
presented  his  bill  to  the  Senate  with  some  amendments  and  changes. 

The  public  demand  for  this  legislation  has  not  only  been  so  great  as  to  call  the 
attention  of  Senators  to  it,  but  it  also  called  the  attention  of  our  new  President  to  it. 
Senators  will  remember  that  in  his  anmial  message  to  Congress  he  highly  recom- 
mended the  establishment  of  this  new  Dejuirtment. 

I  have  aimed  to  take  up  as  little  time  of  this  body  as  possible.  I  Avish  to  say  in 
conclusion  that  I  sincerely  trust  everyone  who  is  in  favor  of  this  Department  of  Com- 
merce will  allow  us  to  get  to  a  vote  on  the  bill  to-day.  Other  matters  of  great  impor- 
tance are  coming  up,  the  Philippine  tariff,  the  Cuban  tariff,  and  other  questions  that 
will  lead  t  >  great  del)ate,  and  1  shall  be  very  glad  if  the  Senate  will  allow  a  vote  to 
be  taken  on  this  liill  to-day. 

Mr.  Platt,  of  Connecticiit.  ^lay  I  ask  the  Senator  from  Minnesota  if  he  has  con- 
sidered the  (juestion,  and  whether  he  would  be  willing  to  agree  to  an  amendment  to 
eliminate  the  Patent  Ottice  from  the  bureaus  which  it  is  proposed  to  transfer  to  the 
new  Department? 

Mr.  Xel-son.  Speaking  for  myself — I  am  not  authorized  to  speak  for  the  committee, 
but  personally  I  should  have  no  objection.  I  think  this  Department  of  Conimerce 
could  do  good  work  and  exist  Avell  without  the  Patent  Office.  But  I  prefer,  in  the 
absence  of  instructions  from  the  committee,  to  have  the  question  submitted  to  the 
Senate. 

Mr.  I'l.Arr,  of  Connecticut.  ]\Ir.  President,  I  do  not  wish  it  to  be  understood  that  I 
am  oj^posed  to  this  bill  because  I  suggest  that  it  be  amended  by  strikiiig  out  the 
transfer  of  the  I'atent  Otlice  to  this  new  Department.  I  am  certainly  in  favor  of  the 
bill.  1  think  a  Department  of  Commerce  is  needed  and  has  ])een  needed  for  inany 
years.  I  think  it  can  be  made  of  immense  value  to  the  country  and  the  industries  of 
the  country;  its  commerce  by  land  and  by  sea;  its  manufacturing  and  other  industries, 
which  not  only  build  up  the  country,  but  upon  which  the  country  depends  for  its 
prosperity. 

I  make"  these  remarks  in  order  that  there  may  be  no  misapprehension  on  account 
of  what  I  shall  say  about  the  Patent  Office.  I  do  not  know  that  it  is  necessary  that 
1  should  elaborate  upon  that  subject.  The  Patent  Office  is  nominally  connected  with 
the  Interior  Department.  It  is  to  a  certain  extent  an  indei)endent  bureau  or  depart- 
ment.    The  Connnissioner  of  Patents  reports  by  law  to  Congress. 

The  chief  connection  at  the  present  time  between  the  Patent  Office  and  the  Inte- 
rior Department  is  that  the  Secretary  of  the  Interior  has  a  su]iervisory  power  over 
the  administrative  action  of  the  Con"imi.>^sioner  of  Patents.  I  think  that  by  statute 
all  appeals  from  the  Commissioner  of  Patents  upon  the  issnam-e  of  patents,  the  issu- 
ance of  trade-marks,  in  interference  cases,  and  in  all  matters  relating  to  the  issue  of 


452  LEGISLATIVE    HISTORY 

patents,  hav^e  been  taken  away  from  the  Secretary  of  the  Interiorand  jurisdk'tion  lias 
been  vested  in  courtn  in  the  Distriet  of  Columbia. 

But  the  inventorn  of  tlie  country  who  do  their  business  through  the  Patent  Office 
have  become  accustfimed  to  it  where  it  is,  and  in  connectipn  witli  the  Interior 
Department.  There  is  quite  a  body  of  legislation  wliich  determines  and  specifies  the 
connection  which  exists  between  the  Patent  Ottice  and  the  Interior  Department.  It 
does  not  overburden  tlie  Interior  Department,  and  I  think  is  more  properly  con- 
nected with  that  De])artment  than  it  would  be  with  the  new  Department. 

The  new  Department  is  specially  and  particularly  to  devote  its  attention  to  the 
commerce  of  the  United  States  and  to  the  articles  which  form  the  commerce  of  the 
United  States.  The  connection  between  the  granting  of  patents  and  the  commerce 
of  the  United  States  is  at  least  very  remote.  The  Patent  Othce  issues  jiatents  for 
inventions.  Tliey  are  in  the  nature  of  contracts  between  the  (Jovernment  and  an 
inventor  by  which  there  becomes  vested  in  him  the  right  to  use  his  invention  for  a 
hmited  time.  Invention  and  letters  patent  have  no  innnediate  relation  to  commei-ce. 
Jt  is  only  when  some  article  f(jr  which  a  patent  has  l>een  granted  is  manufactured 
and  then  transported  from  the  place  of  manufacture  to  the  place  of  use  that  it  comes 
at  all  within  the  jurisdiction  of  connnerce. 

Tlierefore,  the  relations  between  the  Patent  OtHce  and  the  Interior  Department 
having  been  long  established,  being  well  understood,  it  being  no  ))ur(len  uiion  the 
Interior  Department,  and  relating,  if  at  all,  only  in  the  most  remote  degree  to  com- 
merce, I  hope  the  committee  will  agree  to  an  amendment  striking  that  clause  out 
of  this  bill.  If  hereafter  it  should  be  thought  wise  to  transfer  it,  tiiat  could  be  done, 
but  perliaps  I  may  express  the  opinion  that  it  would  ))e  more  for  the  interest  of  the 
new  Dei)artment,  more  for  its  practical  organizati<jn  and  develoiimeiit,  not  to  have 
too  much  work  thrust  upon  it  at  the  outset. 

Mr.  Nelson.  Mr.  President,  after  conferring  with  several  of  the  mendjers  of  the 
Committee  on  Commerce,  such  members  as  are  here  on  the  floor,  I  think  I  shall 
make  no  opposition  to  striking  out  of  the  bill  the  i)rovision  for  the  transfer  of  the 
Patent  Office. 

Mr.  Platt  of  Connecticut.  If  it  be  in  order,  then,  I  would  move  that  the  words 
'"the  Patent  Office,"  be  stricken  out  from  line  16  on  page  3.  I  do  not  know  that  it 
is  referred  to  anywhere  else  in  the  l)ill. 

Mr.  Nelson.  No;  nowhere  else. 

The  President  ])ro  tempore.  The  Senator  from  Connectit'ut  offers  an  amendment, 
which  will  be  stated. 

The  Secretary.  In  line  16  of  the  new  print  on  page  o  it  is  proposed  to  strike  out 
the  words  "the  Patent  Office." 

Mr.  Vest.  What  are  the  words? 

The  Secretary.  "The  Patent  Office." 

The  President  pro  temj^ore.  Witliout  objection,  the  amendment  will  be  agreed  to. 
It  is  agreed  to.     Are  there  further  amendments? 

Mr.  Spooner.  Mr.  President,  I  wish  to  attract  the  attention  of  the  Senator  having 
the  bill  in  charge  to  the  language  of  the  proviso  on  the  seventh  page,  beginning  at 
line  11: 

And  pnii'idcd  J'lirt/irr,  That  all  officers,  clerks,  and  einployecs  luiw  employed  in  any  of  the  bureaus, 
offices,  departments,  or  branches  (jf  the  imblie  ser\i<'c  in  this  act  transferred  to  the  Department  of 
Couimeret'  are  each  and  all  hereby  transferreil  to  said  L>ei)artmeiit  at  tln'ir  i>resent  grades  and  sala- 
ries, except  where  otherwise  provided  in  this  act,  and  they  shall  continue  in  otiiee  and  cmjiloyment 
as  if  appointed  under  this  act  until  otherwi.se  provided  by  law. 

Does  not  the  Senator  accomplish  all  that  ought  to  \>v  accom)>lished  and  eliminate 
a  possible  question  by  striking  otit  all  after  the  word  "act,"  striking  out  the  words 
"and  they  shall  continue  in  office  and  employment  as  if  appointed  under  this  act 
until  otherwise  provided  by  law?" 

Mr.  Nelson.  I  can  see  no  (jbjection  to  striking  out  those  words.  I  do  not  think  it 
would  militate  against  the  j)iirpose  of  the  bill. 

Mr.  Spooner.  No;  your  purpose  is  to  secure  a  transfer? 

Mr.  Nelson.  I  want  a  transfer  made  of  these  employees  just  as  they  are. 

Mr.  Spooner.  Without  any  provision  of  law  which  might  be  construed  to  continiie 
them  at  their  salaries  and  grade? 

Mr.  Nelson.  Certainly.     That  was  not  my  purpose  at  all. 

JNIr.  Spooner.  I  am  satislied  it  was  not. 

Mr.  Hale.  It  would  be  better  to  let  the  clause  go  out. 

Mr.  Nelson.   Yes;  I  will  let  it  go  out. 

Mr.  Spooner.  In  line  17,  after  the  word  "act,"  I  move  to  strike  out  the  words 
"and  they  shall  continue  in  office  and  employment  as  if  appointed  under  this  act 
until  otherwise  provided  bylaw." 


LEGISLATIVE   HISTORY  453 

The  rRESiTiENT  pr<i  tpni]i(iri'.  Will  the  SiMiafc  afrnn' to  the  anuMidmciit  proiMiscd  l)y 
tlu' Soiiator  from  Wisconsin? 

The  aiiK'nchiiont  was  a.^reetl  to. 

Mr.  Nki.son.  There  i.s  ail  amendment  p*  mlinj,' offeredl))- the  jiuiior  Senator  from 
■  INIassaeluisetts  []\Ir.  Lodge]. 

The  rKK.sinENT  pro  temjiore.  The  Secretary  will  read  the  jiendiii",'  amendment 
offereil  hy  the  eommittee. 

Tiie  Skc'KKtahy.  In  seetion  4,  line  1 1,  i)age  :>  of  the  new  i)rin.t,  after  the  word  "Sta- 
tistics," tlie  Committee  on  ("onnnerce  report  to  strike  ont  the  words  "and  thi'  I'nited 
States  Coast  and  Cieodetie  Survey." 

Mr.  Nelsox.  Let  that  amendment  be  passed  over  for  tlie  present.  There  is  another 
amen(hnent,  an  amen<hnent  offered  by  tlie  Senator  from  Massachusetts  [Mr.  Lodj^e], 
that  is  pendinu;,  to  which  there  is  no  objection. 

The  President  pro  tempore.  The  ameiKhneiit  will  l>e  stated. 

The  Secketauy.  It  is  ju'oposed  to  insert  at  the  end  of  the  bill  the  followiiit,',  as  a 
new  section : 

Sec.  — .  A  person,  to  he  dcsignnlcd  l)y  the  Soeretnry  of  State,  sliall  l>e  appointed  to  formnlate  for 
the  instruelion  of  consular  oftieers  tlie  reqiiests  of  tlu'  Secretary  of  t'oniinerce,  ami  to  jirepare  from 
tlie  (lisi>ateiies  of  consular  otlicers,  for  transmission  to  the  Secretary  of  Coiamerce,  such  information 
as  pertains  to  the  worlc  of  the  Department  of  Commerce,  and  such  person  shall  have  the  rank  and 
salary  of  a  chief  of  bureau,  and  he  furnished  with  such  clerical  as.sistance  as  may  be  deemed  neces- 
sary ijy  the  Secretary  of  State. 

The  Pre.sident  pro  tempore.  The  (luestion  is  on  tlie  amemhnent  which  has  just 
been  read. 

JNIr.  Nelson.  I  want  to  explain  to  the  Senator  from  Wisconsin,  as  he  was  not  here 
at  the  time  the  amendment  was  offered 

Mr.  SeotiNER.  I  understand  it  and  I  do  not  like  it.  I  can  not  say  that  I  am  satis- 
tied  with  the  amendment  offered  by  the  Senator  from  Massachusetts  []Mr.  Lodj^e]. 
]  do  not  object  to  tlie  creation  of  a  new  liureau  in  the  State  Department  for  the  jmr- 
pose,  under  the  direction  of  the  Secretary  of  State,  of  carrying  out  the  provisions  of 
this  act  so  far  as  they  relate  to  the  jiroposed  Department  of  Commerce;  but  I  think 
it  is  a  very  peculiar  jiroposition  that  a  subordinate  in  the  State  Department  should 
be  rciiuired  by  law  to  formulate  instructions  to  consular  officers  based  upon  requests 
of  the  Secretary  of  Commerce  upon  the  State  Dejiartment  for  statistical  information 
furnished  by  consuls. 

It  seems  to  me  that  the  Secretary  of  Commerce,  when  he  has  occasion  to  com- 
municate with  the  State  Department,  should  communicate  with  the  Secretary  of 
State.  I  think  there  should  lie  some  elasticity  in  this  bill  in  that  respect,  which 
would  l)e  wanting  in  it  if  this  amendment  were  ailopted. 

The  1)111  is  well  drawn,  in  the  lirst  place,  without  the  amendment,  in  my  opinion. 
It  might  be  improved,  probably,  by  adopting  so  much  of  the  amendment  proposed 
by  the  Senator  from  Massachusetts  as  provides  for  an  additional  bureau.  To  that  I 
have  no  olijection  whatever.  Bi'it  primarily  a  consul  is  a  commercial  agent,  he  is 
not  a  diplomatic  functionary,  although  it  is  true  that  sometimes  he  does  perform  sub 
ino<lo  diplomatic  or  quasi-dii)lomatic  functions.  This  bill,  however,  provides  for 
reports  by  consuls  to  the  Secretary  of  the  Department  of  Commerce  only  as  to  sta- 
tistical information  gathered  having  relation  to  our  foreign  commerce.     It  says: 

And  all  consular  officers  of  the  United  States,  including  consul-generals,  consuls,  and  commercial 
agents,  are  hereby  reipiired,  and  it  is  made  a  part  of  their  duty,  under  the  direction  of  the  Secretary 
of  C(mimerce,  to  gather  and  comynle,  from  time  to  time,  useful  and  material  information  and  statis- 
tics in  respect  to  the  commerce,  industries,  and  markets  of  the  countries  and  places  to  which  such 
consular  oflicers  are  accredited 

Mr.  Platt,  of  Connecticut.  Where  is  the  Senator  reading  from? 
Mr.  Spooner.  I  am  reading  from  page  5. 

Mr.  Nelson.  Will  the  Senator  allow  me  to  interrupt  him  right  there? 
Mr.  Spooner.  In  a  moment.     It  proceeds — 

and  to  send  reports  quarterly,  or  oftener  if  required,  of  the  information  and  statistics  thus  gathered 
and  compiled,  to  the  Secretary  of  the  Department  of  Commerce. 

Mr.  Neixin.  I  want  to  say  to  the  Senator  he  is  reading  from  an  earlier  print  of 
the  bill.     The  bill  was  originally  in  that  form. 

Mr.  Spooner.  How  is  it  now? 

Mr.  Nelson.  The  bill  was  originally  in  a  form  that  required  all  consular  oflicers 
to  make  reports  relating  to  commercial  matters  directly  to  the  Department  of  Com- 
merce. The  Senator  from  Ma.ssachusetts  []\lr.  Lodge],  after  conferring  with  the 
Stiite  Department,  came  to  the  conclusion  that  oftentimes  in  consular  rejiorts  di])lo- 
matic  matters,  or  matters  of  a  quasi-diplomatic  character,  were  mixed  with  commer- 
cial matters,  and,  therefore,  in  order  not  to  get  the  two  confouinled,  th(jse  commercial 


454  LEGISLATIVE    HISTORY 

report?  from  consuls  should  first  be  sent  to  the  State  Department  and  edited  bj'  that 
Department  before  l^eing  sent  to  the  Department  of  Commerce.  Tliat  is  the  objt>ct, 
and  this  amendment  was  drawn  in  harmony  with  that  view. 

As  the  Ijill  has  been  amended,  the  paragraph  from  which  the  Senator  has  Ix'cn  ' 
reading  reads  as  follows: 

And  all  consular  officers  of  the  United  States,  including  consul-generals 

Mr.  Spooner.   Where  does  the  Senator  read  from? 

Mr.  Nelson.  From  page  5  of  the  new  print  of  the  l)ill,  commencing  in  line  10 — 

And  all  constilar  officers  of  the  United  States,  including  consul-generals,  consuls,  and  commercial 
agents,  are  herehy  required,  and  it  is  made  part  of  their  duty,  under  the  direction  of  the  Secretary 
of  State — 

The  words  "under  the  direction  of  the  Secretary  of  State"  have  Iteen  put  in. 
Then  the  clause  goes  on — 

to  gather  anil  compile,  fnim  time  to  time,  upon  tlic  request  of  the  Secretary  of  Commerce,  useful  and 
material  information  and  statistics  in  res| t  to  tlie  ciimmerc<',  industries,  .-inil  markets  of  tlie  coun- 
tries and  places  to  whicli  such  cc insular  Dtlicers  are  accredited,  and  to  scTid,  under  tlie  direction  of 
the  Secretary  of  State- 
There  those  words  have  been  inserted  again — 

reports  quarterly,  or  oftener  if  required,  of  the  information  and  statistics  thus  gathered  and  com- 
piled, to  the  Secretary  of  the  Department  of  Commerce. 

The  amendment  now  jiending  is  supplemental  to  those  changes.  It  is  to  provide 
somebody  in  the  State  Department  to  revise  the  connnercial  reports  that  come  in 
from  our  consular  otticers  and  eliminate  all  matters  of  a  diplomatic  or  quasi-diplomatic 
character,  so  as  to  send  only  commercial  matter  to  the  Department  of  Commerce. 

Mr.  Spooner.  I  am  obliged  to  the  Senator  for  calling  my  attention  to  the  amend- 
ment. I  was  not  aware  of  it.  It  has  put  the  language  in  a  form  which  makes  it 
altogether  acceptable  to  me,  and  as  the  Senate  has  already  adopted  the  amendment 
which  I  had  marked  as  proper  to  be  made  in  the  old  draft  of  the  bill,  so  far  as  that 
is  concerned  I  have  nothing  further  to  say.  I  think,  however,  that  the  amendment 
proposing  an  additional  section  may  be  improved  upon  liy  making  it  a  little  more 
elastic.     It  reads: 

A  person,  to  be  designated  by  the  Secetary  of  State,  shall  be  appointed  to  formulate  for  tlie  instruc- 
tion of  consular  officers — 

That  makes  it  by  law  the  duty  of  this  particular  officer  to  formulate  these  instruc- 
tions— 

the  requests  of  the  Secretary  of  Commerce,  and  to  prepare  from  the  despatches  of  consular  officers, 
for  transmission  to  the  Secretary  of  Commerce,  such  information  as  i)ertains  to  the  work  of  the 
Department  of  Commerce;  and  such  person  shall  have  the  rank  and  salary  of  a  chief  of  bureau  and 
be  furnished  with  such  clerical  assistance  as  may  be  deemed  necessary  l)y  the  Secretary  of  State. 

Mr.  Nelson.  I  simply  suggest  to  the  Senator  that  it  would  meet  the  objection  by 
inserting  there  that  the  work  shall  be  done  "under  the  direction  of  the  Secretary  of 
State."  Putting  in  those  words  will  cover  any  objection  the  Senator  n.'.ght  have  on 
that  point — that  he  shall  do  it  "under  the  direction  of  the  Secretary  of  State." 

Mr.  Spooner.  I  think  it  would  be  better  to  amend  the  amendment  so  as  to  provide 
that  for  the  i)urpose  of  carrying  out  the  provisions  of  section  5  the  Secretary  of  State 
is  authorize<l  to  appoint  some  suitable  officer,  who  shall  have  tlie  rank  and  salary  of 
a  chief  of  bureau,  and  be  furnished  with  such  clerical  a.ssistance  as  may  l)e  deemed 
necessary  l)y  tiie  Secretary  of  State.  In  other  words,  whoever  is  appointed  there  is 
to  work  under  the  direction  and  care  of  the  Secretary  of  State,  and  his  peculiar 
functions  ought  not  to  be  prescribed  by  statute.  The  Secretary  of  State  might  have 
occasion  to  call  upon  some  other  bureau  of  the  Department,  or  some  other  officer, 
and  he  ought  to  be  left  free-handed.  I  am  j^erfectly  willing  that  an  additional  per- 
son shall  be  appointed,  or  a  bureau  created,  but  I  do  not  like  the  language  of  tlie 
amendment  j)rescribiiig  ))y  law  tlie  particular  duty  of  this  jierson.  I  suppose  tlie 
Secretary  of  Stat(>  could  change  the  heads  of  the  various  ):>ureaus  or  make  a  redistri- 
bution of  the  functions  of  the  different  bureaus,  and  he  ought,  as  far  as  possible  in 
that  respect,  to  be  left  free,  just  as  any  Secretary  should  be,  I  think.  I  will  draft 
an  amendment,  if  the  Senator  is  not  wedded  to  this  proposition,  which  will  accom- 
plish the  same  thing. 

Mr.  Nelson.  No;  I  am  not  wedded  to  any  particular  language.  In  view  of  the 
fact  that  the  Senator  from  Maine  [Mr.  Hale]  is  not  disposed  to  insist  upon  liis 
amendment  to  transfer  the  Coast  and  Geodetic  Survey  to  the  Navy  Department,  but 
is  content  to  leave  it  under  the  Treasury  Dejiartment,  if  no  Senator  from  the  Com- 
mittee on  C'Ommerce  is  opposed  to  it,  I  shall  be  disposed  to  acquiesce  in  striking  the 
Coast  and  Geodetic  Survey  out  of  this  bill. 


LEGISLATIVE   HISTORY  455 

I\[r.  Hale.  Let  that  be  done;  and  if  there  is  any  controversy  hereafter  ahnnt  it,  it 
can  come  up  by  itself. 

The  ruRsiDKNT  pro  t(Mnpore.  Is  there  o))jection  lo  the  re(jnest  of  llic  Senator  from 
Minnesota  [Mr.  Nelson]? 

Mr.  .ToNKs,  of  Arkansas.   What  is  the  request? 

The  I'KKsinENT  pro  tempore.  To  strike  out  the  provision  in  relation  to  tiu>  Coa.st 
and  (ieodetic  Survey. 

Mr.  Nki-json.  To  leave  the  Coast  and  Geodetic  Survey  when'  it  is,  in  the  Treasury 
Department.    We  do  not  do  anytliinj^  with  it. 

Mr.  Bacov.  lA't  the  proposed  amendment  l)e  stated. 

The  President  pro  tempore.  The  amendment  proposed  by  tlie  Senator  from  Min- 
nesota will  be  stated. 

Tlu^  Secketakv.  On  page  3,  section  4,  line  11,  it  \s  proposed  to  strik(!  out  "and 
the  I'liited  States  Coast  and  Geodetic  Survey." 

The  amendment  was  a^reeil  to. 

Mr.  (tAi.i.iNGEK.  I  sujj^gest  that  the  word  "and"  be  inserted  after  tlur  won  1  "Inuni- 
gration." 

Mr.  Nelson.  I  will  move  that  amendment. 

The  I'resioent  pro  tempore.  Tiu^  amendment  will  be  stated. 

The  Secretakv.  On  page  H,  section  4,  line  10,  after  the  words  "  I'.ureau  of  Immi- 
gration," it  is  proposed  to  insert  the  word  "and." 

The  amendment  was  agreed  to. 

Mr.  Si'ooNER.  1  will  move  an  amendment  to  the  amendment  of  the  Senator  from 
Ma.s.sachusetts  [Mr.  Lodge].  In  line  2,  after  the  woni  "  fornuilate,"  1  move  to 
insert  the  word.s  "  under  his  direction;"  so  as  to  read: 

A  person,  to  be  dcsignatert  by  the  Secretary  of  State,  shall  be  iiiipoiiiteil  to  formulate,  iiiidcr  his 
direetion,  for  the  instruction  of  consular  officers,  etc. 

Mr.  Nelson.  That  is  perfectly  satisfactory  to  me. 

Mr.  Spoon ER.  "To  fonnulate"  is  very  different  from  "to  formulate  mider  his 
direction." 

Mr.  Nelson.  That  amendment  makes  the  language  in  harmon}-  with  the  other 
provisions  of  the  bill. 

Mr.  I'Erris.  As  to  the  amendment  offered  by  the  Senator  from  Massachusetts  [Mr, 
Lodge],  he  took  great  ])ains  to  prepare  it,  and  as  the  bill  is  going  over,  I  suggest  that 
this  amendment  also  go  over  with  it. 

Mr.  Nelson.   I  have  l)een  hoping  to  get  a  vote  on  the  l)ill  to-day. 

Mr.  ILvLE.  The  Senator  from  Massachusetts  [Mr.  Lodge]  and  1  are  in  entire  accord; 
and  if  he  had  not  offered  tlie  anu'udment  J  should  have  done  so.  I  have  no  idea 
that  the  Senator  from  jNIassachusetts,  if  here,  would  object  to  the  i)roposed  change. 
It  is  in  line  with  what  he  and  I  had  in  view. 

jVIr.  Nekson.  Theie  is  no  objection  to  it. 

Mr.  Pettus.  Is  it  proposed  to  vote  on  the  bill  now? 

Mr.  Nelson.   Yes,  sir. 

Mr.  P.AcoN.  Oh,  no. 

The  President  \)H)  tempore.  The  amendment  ])roposed  by  the  Senator  from  Wis- 
consin [Mr.  S))ooner]  to  the  amendment  of  the  Senator  from  Massachusetts  [Mr. 
Lo<lge]  will  be  stated. 

Tlie  Secretary.  It  is  proposed  to  amend  the  amendment  of  Mr.  Lodge  in  line  2, 
after  the  word  "formulate,"  by  inserting  the  words  "under  his  direction." 

The  amendment  to  the  amendment  was  agreed  to. 

The  President  pro  tempore.  If  there  are  no  further  amendments,  the  bill  will  l>e 
reported  to  the  Senate  as  amended. 

Mr.  Pacox.  Mr.  President,  I  trust  the  Senator  from  Minnesota  will  not  ask  the 
Senate  to  vote  upon  tiiis  bill  to-day.  It  is  certainly  a  very  important  and  far-reaching 
measure,  one  wliich  the  Senate  would  doubtless  lik(^  to  see  in  print  and  be  givi-n  an 
opportunity  to  examine  critically  before  ])assing  upon  it.  It  is  a  bill  wln'ch  creates 
a  most  important  departnu'ut  of  the  Government,  and  I  trust  it  may  be  found  con- 
sistent with  the  wishes  of  the  Senator  that  it  may  ))e  put  in  print  as  it  has  been 
amended  and  go  over  until  some  future  time. 

Mr.  Nelson.  I  a}>peal  to  the  Senator  from  Georgia  to  allow^  us  to  take  the  vote  on 
the  l)ill  to-day.  I  want  to  say  to  the  Senator — T  know  he  is  disjiosed  to  do  what  is 
fair — that  there  have  l)een  no  material  amendments  made  to  the  bill  to-day.  I  can 
explain  them  all  in  the  bill  as  printed.  One  amendment  has  been  dropped  out 
about  the  Patent  Otiice.  That  was  agreed  to  the  other  <lay.  We  havi^  dmpped  out 
the  Coast  and  (ieodetic  Survey,  and  there  has  been  a  (-hange  in  phraseoloLjfy, 
suggested  by  tlu^  Senator  from  Wisconsin  [Mr.  Spooner],  to  avoid  any  possibility  of 
any  of  the  employees  in  the  Lunau  being  transferred  or  continuing  them  in  oilice 


456  LEGISLATIVE    HISTORY 

outside  of  their  present  status.  Then  there  has  been  a  slight  amendment  made  to 
the  amendment  of  the  Senator  from  Massachusetts,  which  relates  simjily  to  consular 
reports.  The  Senator  from  Georgia  will  be  doing  me  a  great  favor  if  he  will  allow 
the  vote  on  the  l;)ill  to  be  taken  to-day.  I  appeal  to  him  for  this  reason :  I  should  have 
no  objection  to  its  going  over,  but  the  Senator  is  familiar  with  the  proceedings  in  the 
Senate.  The  Pliilijipine  tariff  bill  will  be  called  up  to-morrow;  it  will  lead  to  a  great 
deal  of  discussion.  And  there  are  other  important  matters  coming  up  which  will  also 
lead  to  a  great  deal  of  debate.  So  if  this  bill  is  now  to  go  over  its  passage  may  be 
very  much  delayed. 

Mr.  Clay.  Mr.  President,  I  will  state  to  my  colleague,  with  the  permission  of  the 
Senator  from  Minnesota,  that  I  think  this  bill  has  been  most  maturely  considered  by 
the  Commerce  Committee,  and  l>y  the  subcommittee,  and  the  amendments  which 
have  been  adopted  have  l>een  practically  unanimously  agreed  to.  I  believe  that  my 
colleague,  on  a  few  minutes'  investigation,  will  agree  that  the  vote  shall  be  taken  on 
the  bill  to-day.  I  do  not  believe  that  anything  can  be  lost  by  it.  There  has  been 
practically  no  opposition  to  this  bill  in  the  Commerce  Committee.  In  fact,  I  believe 
that  the  members  of  the  Commerce  Committee,  with  one  or  two  exceptions,  who  were 
not  present,  voted  for  the  passage  of  the  bill.  For  my  part,  I  have  considered  it 
maturely.  I  am  in  favor  of  the  passage  of  the  measure,  and  certainly  it  has  com- 
mended itself  to  my  favorable  consideration.  It  provides  for  reports  as  to  foreign 
markets  and  other  matters,  which  doubtless  will  l^e  of  great  benefit  to  the  peo[)le  of 
the  Unified  States.  So  I  hoi^e  the  Senator  from  Minnesota  will  l)e  permitted  to  get  a 
vote  on  the  bill  to-day,  Mr.  President. 

The  President  pro  tempore.  The  question  is  on  agreeing  to  the  amendment  sub- 
mitted by  the  Senator  from  Massachusetts  [Mr.  Lodge],  as  amended  on  motion  of  the 
Senator  from  Wisconsin  [Mr.  tSpooner]. 

The  amendment  as  amended  was  agreed  to. 

INIr.  Bacon.  Mr.  President,  the  distinguished  Senator  from  Minnesota  [Mr.  Nelson], 
and  my  no  less  distinguislied  colleague  [Mr.  Clay],  it  seems  to  me  urge,  without  any 
very  great  reason  for  it,  the  immediate  consideration  of  this  bill  with  reference  to  its 
passage.  The  Senator  fnnn  Minnesota  appeals  to  me  as  a  personal  favor.  Why,  Mr, 
President,  this  is  not  a  personal  matter;  this  is  not  a  matter  which  relates  to  the  Sen- 
ator personally  in  any  way,  nor  to  his  section  or  State,  and  therefore  there  is  no 
ground  upon  which  a  personal  appeal  can  be  made.  Nor,  Mr.  President,  is  there  any 
suggestion  of  a  reason  which  makes  it  imperative  that  this  bill  should  be  disposed  of 
to-(lay.  If  there  is  practically  no  opposition  to  the  bill,  there  is  certainly  no  reason 
why  there  should  be  an  apprehension  of  undue  delay  hereafter. 

I  think  in  a  matter  of  tliis  kind  it  is  due  to  the  Senate  that  such  a  bill,  before  it  is 
put  on  its  passage,  should  be  in  print,  so  that  we  may  all  see  it  and  read  it.  I  expect 
to  vote  for  the  bill,  but  at  the  same  time  I  want  to  have  an  opjiortunity  to  examine 
it  as  it  now  stands.  Some  of  these  amendments  have  Ijeen  made  verbally.  A  num- 
ber of  amendments  were  made  on  the  motion  of  the  Senator  from  Massachusetts  [Mr. 
Lodge]  the  other  day,  not  one  of  Avhich  was  reduced  to  writing,  but  made  verbally 
from  his  seat.     They  ought  to  be  in  print. 

Mr.  Spooner.  The  bill  has  been  reprinted. 

Mr.  Bacon.  That  may  be  true;  but  the  bill  as  it  now  stands  has  not  been  printed. 

Mr.  Nelson.  Will  the  Senator  allow  me  a  word? 

Mr.  Bacon.  Certainly. 

Mr.  Nelson.  The  amendments  of  the  Senator  from  Massachusetts,  except  the  one 
amendment  acted  upon  to-day,  are  incorporated  in  the  bill  as  it  was  reprinted.  I 
want  to  say  further  to  the  Senator  that  the  bill  has  been  under  consideration  on  three 
different  days,  and  the  amendments  which  to-day  have  been  made  to  the  bill  are 
simjde  amendments.  I  think  the  Senator  can  see  the  force  of  them  at  a  glance.  I 
hope  he  will  agree  that  the  vote  may  l)e  taken  to-day. 

Mr.  Bacon.  Mr.  President,  I  do  not  oppose  a  vote  at  this  time  for  the  purpose  of 
antagonizing  the  bill.  I  repeat  I  expect  to  vote  for  it,  but  at  the  same  time  I  desire 
to  have  the  opportunity  to  see  the  bill  as  it  will  l)e  when  put  upon  its  passage. 

Mr.  Nelson.  Will  the  Senator  agree  that  we  may  take  a  vote  on  the  bill  to-morrow 
at  2  o'clock? 

Mr.  Bacon.  I  am  perfectly  willing  that  the  Senate  should  agree  to  that.  I  do  not 
know  whether  my  special  agreement  w^ould  be  of  any  advantage,  but,  if  the  Senator 
so  desires,  I  have  no  objection  to  the  Senator  having  an  agreement  of  the  Senate  to 
that  effect,  if  he  can  get  it. 

Mr.  Vest.  I  should  like  to  ask  the  Senator  in  charge  of  the  bill  wliat  was  done  in 
relation  to  the  Coast  and  Geodetic  Survey? 

Mr.  Nelson.  That  was  dropped  out  of  the  bill. 

Mr.  Vest.  And  left  in  tlie  Treasury  l^epartment? 

Mr.  Nelson.  Yes;  left  in  the  Treasury  Department. 


LEOISLATIVK    HISTUKY  457 

^Ir.  Vest.  What  was  dono  witli  reference  to  the  I'ateiit  Ollice? 

^Ir.  Nki,s()N.  Tliat  was  (hopiied  out,  aii<I  the  Patent  Olliee  is  to  l)e  kept  where  it  is, 
in  the  Interior  l)epartnK'nt. 

]\[r.  C'ocKKKM,.    Wiiat  alxuit  the  Census  ( )lliee'.' 

Mr.  Njci.soN.  That  is  left  in  the  bill. 

I\Ir.  Vesm'.  Mr.  Pn-sident,  the  otlu'r  day — I  could  not  Iioar  distinctly  on  account  of 
the  talk  tliat  was  troing  on  all  around  me  here — Init  in  a  colUxiny  which  took  i)lace 
between  the  senior  Senator  from  Maine  [Mr.  Hale]  and  the  Senator  from  Minnesota 
[Mr.  Nelson]  I  understand  there  was  some  Hort  of  an  af^reemeiit  that  the  Coast  and 
Ceodetic  Survey  should  be  transferred  to  the  Navy  Department.  It  seems  now,  how- 
ever, as  I  am  informed  by  the  senior  Senator  from  JNIaine,  there  was  some  sort  of  an 
ajireement  or  nnderstanding  that  it  should  be  only  left  in  the  Treasury  Department, 
wliere  it  is  now. 

1  w  ant  to  state  this — and  I  have  a  right  iindt^r  the  rules  to  state  it — in  tlie  Commit- 
tee on  Commerce,  from  which  the  bill  came,  1  voted  for  the  bill  with  some  reluctance, 
because,  as  a  general  ]>roposition,  I  am  opposed  to  mnltii)lying  oMices.  1  reluctantly 
agreed  to  vote  for  it,  because  I  remember  a  remark  made  at  one  time  by  I>en  Hardin, 
of  Kentucky,  in  my  boyhood,  in  regard  to  oflices,  which  I  have  never  forgotten. 
He  said,  "If  you  want  to  have  more  martins,  i)ut  uj)  more  martin  boxes."  The  projv 
osition  he  was  discussing  was  in  regard  to  making  the  judiciary  in  Kentucky  elective 
in  the  constitut  ii  m  ( if  1 S41).  When  you  create  more  oflices  you  will  always,  as  a  matter 
of  course,  find  })eoi»le  to  till  them. 

There  are  occasions  in  which  it  is  absolutely  necessary  to  furnish  instrumentalities 
for  the  business  of  the  Government.  We  have  arrived  at  a  stage  where  it  is  abso- 
lutely necessary,  in  my  opinion,  to  increase  the  departments.  Let  me  say,  as  a 
corollary  to  that  ]iroposition,  it  is  necessary  to  build  new  edilices  for  the  accommo- 
dation of  the  dei)artments.  We  pay  now  annually  over  $180,000  rent  in  this  city  for 
houses  and  rooms  which  are  occupied  by  the  deitartments.  When  we  are  selling 
oin-  bonds  at  2  per  cent  interest,  we  pay  these  enormous  rents  directly  in  the  teeth 
of  all  correct  business  principles. 

I  think  there  ought  to  be  two  more  de])artments  of  the  Government.  We  ought 
to  have  a  Department  of  Commerce.  In  my  judgment  it  is  al)solutely  necessary. 
But  when  it  comes  to  the  question  as  to  where  the  Coast  and  (ieodetic  Survey  ought 
to  be,  1  am  unequivocally  opposed  to  recognizing  that  it  is  now  in  the  i)roper  De2:)art- 
ment.  The  Treasury  Department  in  its  special  functions  has  no  more  to  do  with  the 
Coast  and  (ieodetic  Survey  than  a  steamer  on  the  ocean  has  to  do  with  the  planting 
of  a  lielfl  of  corn. 

This  I'ureau  ought  to  be  taken  out  of  the  Treasury  Department.  The  Treasury 
Deiiartment  now,  as  every  Senator  knows,  is  overloaded  to  the  verge  of  absurdity. 
The  Interior  Department,  although  we  took  one  great  l)ureau  from  it — that  of  Agri- 
culture— is  now  four  departments  in  one,  and  th(^  want  of  accommodation  in  the  way 
of  room  for  these  departments  lias  become  so  apparent  that  no  Senator  here  will  rise 
and  say  that  the  acconnnodations  o'f  the  officers  of  the  Government  in  those  depart- 
ments are  decent  or  comfortable. 

If  any  Senator  will  point  out  to  me  how  the  Coast  and  Geodetic  Survey  is  in  any 
way  cognate  or  apjjropriate  in  the  Treasury  Department,  I  shall  l)e  very  much 
ol)liged  to  him.  1  understand  the  ^proposition  now  is  to  put  it  in  the  Navy  Depart- 
ment. It  seems  tome  the  Navy  Dejiartment  is  large  enough  now.  We  hear  con- 
tinued complaints  tiiat  the  building  in  which  it  is  loi'ated  is  insutlicient  for  the  accom- 
modaticm  of  the  service.  Then  why  should  this  Bureau,  not  connected  with  the 
Navy,  not  necessary  to  the  functions  of  the  Navy,  be  taken  from  the  Dei)artment  of 
the  Treasury  and  ])ut  in  that  of  the  Nav}'? 

I  do  protest  againt  the  i>utting  of  the  Coast  and  Geodetic  Survey  with  the  linancial 
de|)artment  of  the  (lovernment  or  putting  it  witli  that  of  the  Navy. 

^Ir.  Bacon.  I  have  not  participated  in  the  deliate,  although  I  have  given  attention 
to  what  has  been  said  by  the  Senator  in  charge  of  the  bill  and  by  those  more  directly 
connected  with  it  as  members  of  the  connnittee.  I  should  lik(!  to  know  ni>on  what 
theory  the  Census  Bureau  is  to  l)e  i)ut  into  the  Department  of  Conunerce.  If  it 
relates  to  it  in  any  manner  I  confess  my  inability  to  see  wher(^  that  relationship  is 
found,  and  I  should  like  for  the  distinguished  Senator  from  Minnesota  to  tell  us  upon 
what  theory  it  has  been  deemed  jtrojier  that  a  I)e]>artment  of  Commerce  sluiuld  have 
charge  of  a  census  bureau. 

Mr.  Ni:i.soN.  I  think  tiie  Senator  from  Georgia  was  not  in  the  Chamber  or  he 
would  not  Jiav*'  asked  this  question,  fori  covered  that  ground  in  my  general  remarks 
u]K)n  the  bill. 

On  looking  over  the  statistical  work  of  our  different  departments  we  find  it  scat- 
tered. There  is  in  tlie  Department  of  Static  a  statistical  department,  called  the 
Department  of   Foreign  Commerce,    which   compiles   statistics   from   our   consular 


458  LEGISLATIVE    HISTORY 

reports.     Then  there  is  in  the  Treasury  Department  a  statistical  bureau,  and  the 
Senator  from  (ieorgia  is  familiar  with  that. 

The  Census  Otiiee  is  wholly  a  statistieal  office,  gathering  and  compiling  vital  sta- 
tistics and  statistics  as  to  our  connnerce,  our  manufactures,  our  shipping,  and  every- 
thing that  pertains  to  the  industrial  development  of  this  country.  It  occurred  to  the 
committee,  as  it  has  to  me,  that  there  is  a  great  deal  of  duplication  in  the  .statistical 
work,  and  that  it  would  be  better  to  get  the  statistical  work  all  grouped  in  one 
department,  to  wit,  the  Department  of  Commerce,  which  relates  to  commerce  and  to 
our  industrial  development,  manufacturing,  shipping,  and  fishing  interests.  By  gi't- 
ting  the  statistical  bureaus  together  by  and  by  some  Secretary  of  the  Department  of 
Commerce,  after  having  observed  the  workings  of  the  different  bureaus,  will  ))e  able 
to  prepare  and  formulate  a  plan  or  progrannne  for  a  future  Congress  by  which  the 
statistical  work  can  l)e  done  under  one  head  and  as  one  work,  so  that  when  we  come 
to  look  up  statistical  matters  we  can  find  them  in  one  publication. 

In  the  Department  of  Labor,  which  is  to  be  transferred  to  this  new  Department, 
there  is  a  good  deal  of  statistical  work,  and  we  have  in  the  Agricultural  Department 
a  statistical  division.  Now,  if  we  group  all  the  statistical  work  together  under  one 
executive  head,  whether  in  the  State  Department,  the  Treasury  Department,  the 
Department  of  Dabor,  or  the  Census  Office,  we  can  by  and  by  so  adjust  matters 
relating  to  statistics  as  to  have  our  statistit'S  taken  as  an  entirety  and  to  have  our  sta- 
tistical work  furnished  us  in  one  compilation.  Then,  when  we  come  to  look  up  for- 
eign commerce,  we  shall  not  have  to  look  to  the  State  Department  for  the  juiblication. 
When  we  come  to  look  up  other  statistical  matters,  we  shall  not  have  to  look  to  the 
Treasury  Department.  When  we  come  to  look  up  the  matter  of  vital  statistics  and 
labor  statistics  and  other  commercial  and  industrial  statistics,  we  shall  uot  have  to 
look  to  the  Census  and  Labor  l)ureaus.  I  think  if  my  friend  from  Georgia  were  at 
the  head  of  the  new  Department — and  I  should  be  glad  to  see  a  man  of  such  al)ility  at 
its  head — one  of  the  first  things  he  would  consider  would  be  the  work  of  these  difft-r- 
ent  statistical  divisions,  and  he  would  endeavor  to  see  if  it  Avere  not  possible  to  fo_r- 
nuilate  some  plan  or  programme  by  which  they  could  work  in  harmony  and _  in 
entirety,  so  as  to  give  to  Congress  the  results  in  one  compilation  and  one  publication 
insti'ad  of  in  a  variety  of  publications. 

M  r.  Bacon.  I  simply  desire  to  ask  the  distinguished  Senator  whether  the  ] programme 
which  he  has  outlined  is  one  in  anticipation  in  its  comi)leteness,  or  whether  this  bill 
endeavors  to  complete  it?  In  other  words,  does  this  bill  provide  for  the  transfer  to 
this  particular  Department  of  these  various  statistical  divisions  of  the  Departments  of 
the  Government,  orw  ill  the  State Deijartment  still  have  its  statistical  bureau  and  the 
Treasury  Department  still  have  its? 

Mr.  Nelson.  No;  they  are  transferred.  The  Bureau  of  Foreign  Commerce  in  the 
State  Department,  the  Bureau  of  Statistics  in  the  Treasury  Department,  and  the  Cen- 
sus Oftice  are  transferred  to  this  new  Department,  but  we  could  not  at  this  stage  for- 
mulate any  i)lan  for  united  and  harmonious  work.  That  can  only  be  done,  or  the 
progrannne  for  it  outlineil,  when  the  three  statistical  bureaus  ordivisions  are  grouped 
together  under  one  head  and  in  one  dei)artinent,  where  their  workings  and  their 
work  can  be  considered  and  plans  outlinetl  for  harmonious  and  united  work. 

I  have  no  plan  in  view,  and  at  this  stage  it  seemed  to  me  that  all  we  could  do  was 
to  transfer  these  Bureaus  at  this  time  and  group  them  under  one  executive  head,  and 
then  let  the  future  decide  whether  we  could  not  get  the  statistical  work  into  one  har- 
monious whole,  to  the  advantage  of  the  Government  in  the  matter  of  expense  and  the 
advantage  of  the  Government  and  ourselves  in  the  matter  of  securing  information. 

Mr.  Bacon.  I  desire  to  say,  in  justice  to  myself,  that  the  Senator  has  made  a  very 
clear  statement  and  has  suggested  to  m(^  a  reason  which  had  not  occurred  to  me  be- 
fore. I  think  it  is  highly  jiropiT  that  tiie  statistical  bureaus  should,  to  some  exIiMit 
or  to  a  very  great  extent,  be  put  under  one  general  control.  Whether  that  control 
ought  to  be  under  the  Department  of  Commerce  or  under  some  other  Departnient— 
the  Department  of  the  Interior,  for  instance — I  do  not  think  makes  any  material  dif- 
ference, excei)t  so  far  as  practicable  to  e(juali/.e  the  labors  of  the  different  great 
Departments  of  the  (lovernment. 

Mr.  Clay.  Mr.  President,  in  appealing  a  while  ago  to  my  colleague  to  jiermit  a 
vote  on  this  bill  to-day  I  thought  he  was  in  thorough  synii>athy  with  tlie  bill  and 
that  he  had  considered  it  maturely.  I  did  not  know  that  he  wanted  more  time  to 
look  into  it. 

N(jw,  I  agree  with  what  the  Senator  from  Missouri  has  said.  I  was  a  member  of 
the  siibconmuttee  of  the  Committee  on  Connnerce,  which  made  a  favorable  report 
on  the  bill.  If  Senators  will  examine  the  Congressional  Record,  they  will  find  that 
when  tlu^  Dei)artment  of  Agriculture  was  (>stablished  mend)ers  of  the  Senate  stated 
on  the  fioor  that  it  would  b(i  an  unnecessary  expense,  but  I  doubt  if  there  couM  be 
obtained  a  smgle  vote  in  this  body  to-day  to  repeal  tlu^  law  creating  that  Departnient. 


LEGISLATIVE    HISTORY  459 

This  country  is  growinfi;  all  the  tinio,  ami,  as  tlu^  Senator  from  ]\Iissouri  has  said,  we 
need  a  Department  of  Commeree. 

We  looked  into  this  malter  most  eart'fnlly.  Wo  found  Ihat  the  Treasury  Depart- 
ment was  overerowded,  and  we  took  from  that  Department  and  hrought  into  this 
lu'w  ])epartment  such  hureaus  as  outrlit,  in  our  judf^ment,  to  he  transferred.  We 
likewise  went  to  the  Interior  Departnu-nt,  ]Mr.  Tresident,  and  if  Senators  will  take 
the  lifth  section  of  this  hill  and  read  it,  wliieh  is  the  real  {jist  of  the  whole  hill  pro- 
vidiiif;  for  the  estahlishment  of  a  Dej)artinent  of  Commerce,  I  can  not  possihly  see 
how  any  Senator  can  opjmse  it.  I  ask  unanimous  consent  tliat  the  liftii  section  be 
printed  in  the  IJecord  as  a  part  of  my  remarks. 

The  section  is  a«  follows: 

Sec.  r>.  That  tluTo  shall  ho  in  the  Department  of  Commerce  a  bureau  to  be  called  the  Bureau  of 
ManufiK'tures,  ami  a  chief  of  sai<i  Bureau,  who  shall  he  appointed  by  the  President,  by  and  with  the 
advice  ami  consent  of  the  Senate,  and  who  shall  reecive  a  salary  of"  83,000  per  anninii.  Tlicro  shall 
also  t>c  in  said  liin-i'uu  one  chief  clerk  and  s\ich  other  clerjeal  assistants  as  may  from  time  to  time 
be  authorized  by  t'onsress.  U  shall  he  the  province  and  duty  of  said  Bureau,  undiT  the  direction  of 
the  Secretary,  to  foster,  jiromote,  and  develop  the  various  manufacturing  industries  of  the  United 
States,  and  liiarkels  for  the  same  at  home  and  abroad,  domestic  and  foreign,  by  gathcriuK,  compil- 
ing.  i)nblishinif,  ami  supi)lyin,u:  all  available  and  useful  information  concerning  such  industries  and 
sueli  markets,  and  by  such  otlier  methods  and  means  as  may  be  prescribed  by  the  Secretary  or  jiro- 
vided  by  law.  .\ml  all  consular  otlicers  of  the  United  States",  including  consuls-general,  consuls,  and 
commercial  agents,  are  hereby  required,  and  it  is  made  a  part  of  their  duly,  under  the  direction  of 
the  Secretary  of  Slate,  to  gatherand  compile,  from  time  to  time,  upon  the  request  of  the  Secretary  of 
Commerce,  useful  and  material  information  and  statistics  in  respect  to  the  commerce,  industries,  and 
marki'tsfif  the  countries  and  places  to  which  such  consular  officers  are  accredited,  and  to  send, 
under  the  directiiai  of  the  Secretary  of  State,  reports  quarterly,  or  oftener  if  required,  of  the  informa- 
tion and  statistics  thus  gathered  and  compiled,  to  the  Secretary  of  the  Department  of  Commerce. 

I  should  not  liave  appealed  to  my  colleague  to  permit  a  vote  on  this  measure  to-day 
hut  that  I  thouglit  he  had  maturely  considered  it.  It  has  1)een  before  the  Senate 
for  s(^'veral  tlays;  hut,  of  course,  if  the  Senator  has  not  had  time  to  examine  the  bill 
carefidly,  I  would  not  appeal  to  him  to  allow  a  vote  to-day.  My  reason  for  doing  so 
was  sim]>ly  that  I  thought  he  thoroughly  understooil  it. 

]\1  r.  BacoSj.  I  just  simply  admit  that  I  do  not  thoroughly  itnderstand  it,  and  I  want 
to  understaiKl  it  before  1  vote  on  it.  I  am  not  the  only  Senator  who  occupies  that 
position.  I  aui  in  accord  with  tlie  ])roiiosition  that  we  should  have  an  additional 
department.  I  expect  to  vote  for  this  bill,  but  I  desire  to  read  it;  and  if  I  have  the 
right  so  to  do,  I  shall  ask  that  a  vote  be  not  taken  to-day.  I  am  perfectly  willing 
that  a  vote  shall  be  taken  to-morrow.  Of  course  I  have  no  right  to  make  an  agree- 
ment of  that  kind;  lint  if  the  Senate  sees  proper  to  make  it,  I  shall  have  no  objection. 

I\Ir.  PETTrs.  I  desire  to  inquire  of  the  Senator  in  charge  of  the  bill  what  is  the 
exact  meaning  of  the  words  on  page  3,  line  19,  "The  Department  of  Labor."  What 
is  tiie  intention  of  those  words? 

Mr.  Nklson.  It  is  called  a  department,  but  it  is  not  an  executive  department. 
Let  me  call  the  Senator's  attention  to  tiie  Agricultural  Department.  It  was  called  g 
department  for  years,  l)ut  it  had  only  a  Conmiissioner  at  its  head.  It  was  not  until 
1889  that  it  was  made  an  executive  department.  Now,  this  is  called  the  Depart- 
ment of  Labor,  but  it  is  not  an  executive  department.  It  is  really  an  independent 
dejiartment,  n(jt  belonging  to  any  di^partment,  standing  by  itself. 

jlr.  Petti's.  It  is  an  independent  department,  standing  by  itself,  called  a  depart- 
ment? 

]Mr.  Nelsox.  It  is  not  an  executive  department. 

iSIr.  PETTrs.  I  under.'^tand,  but  the  purpose  of  this  bill,  so  far  as  those  words  are 
conci'rned,  is  to  transfi-r  all  the  duties  of  that  department  to  the  new  one? 

]\Ir.  Nelson.  Yes,  sir;  Imt  leaving  the  work  of  the  dei)artment,  as  well  as  the 
force  and  everything  else,  undisturbed. 

Mr.  Pettis.  Had  you  not  better  have  two  words  to  mean  different  things?  You 
have  a  department  in  a  department.     That  does  not  sound  very  well. 

Mr.  Nelson.  I  know,  but  the  misfortune  is  this,  I  will  say  to  my  friend  the  Sena- 
tor from  Alabama:  In  the  law  it  is  to-day  called  a  department — the  Department  of 
Labor — but  it  is  not  an  executives  department,  and  the  head  of  it  is  nota  member  of 
the  Cabinet.  It  is  technically  really  an  indej)endent  I)ureau.  Before  the  C'ommis- 
sioner  of  Agriculture  became  a  Cabini't  olficer  we  had  a  Commissioner  of  Agricul- 
ture, and  he  presided  over  what  we  called  in  law  the  Department  of  Agriculture.  It 
was  called  a  department  long  before  we  got  a  Secretary  who  was  a  member  of  the 
Cabinet.  The  law  nud<ing  it  an  executive  department  was  enacted  in  1889,  if  I 
remember  it  aright,  when  it  was  for  the  first  time  made  an  executive  dei>artnientand 
the  head  of  it  a  Secretary.  Before  that  he  was  called  the  Connuissioner  of  Agri- 
culture an<l  till!  dei)artinent  was  called  the  Agricultural  Department. 

Mr.  Pettis.  Then  i\tr,  )iin']>ose  of  this  bill,  s<j  far  as  those  words  are  concerned,  is 
that  the  Department  of  Commi'rce  shall  absorb  the  Department  of  Labor? 

Mr.  Nelson.  It  shall  absorb  it  in  this  way:  It  shall  be  like  all  these  other  divisions 


4(U)  LEGISLATIVE    HISTOEY 

and  bureaus  of  the  ]mblic  service — transferred  to  it  under  tliat  executive  head,  l)ut  it 
does  not  contemplate  the  dismantUng  of  the  Department  of  Labor.  It  (h)es  not  con- 
temphite  changing  the  functions  of  it  or  at  all  disturbing  the  force.  Tlie  bill  simply 
places  it  in  the  Department  of  (Commerce,  so  that  its  work  relating  to  the  labor  inter- 
ests of  the  country  (and  a  good  deal  of  its  work  is  of  a  statistical  character)  may 
articulate  and  work  in  harmony  with  the  other  bureaus  and  divisions  of  the  new 
Department. 

Mr.  Pettus.  I  do  not  desire  to  discuss  the  bill;  I  merely  wanted  that  information 
for  the  present,  but  I  do  desire  that  the  bill  shall  go  over. 

Mr.  Nelson.  In  view  of  the  request  made,  I  ask  imanimous  consent  tliat  we  may 
take  a  vote  on  the  (juestion  of  the  passage  of  the  bill  to-morrow  at  2  o'clock. 

Mr.  FoRAKER.  At  what  liour? 

The  President  pro  temi)ore.  Two  o'clock. 

Mr.  Pettus.  I  may  as  well  say  that  I  can  not  agree  to  that. 

Mr.  Nelson.   Would  any  other  liour  to-morrow,  or  any  other  day,  suit? 

Mr.  Pettus.  I  do  not  see  the  necessity  of  ]ircssing  the  ])cnding  bill  in  this  way. 
Although  it  is  a  measure  much  favored,  still  1  think  it  ought  to  take  the  ordinary 
course.  When  gentlemen  want  to  discuss  and  examine  a  measure,  there  shouhl  be 
no  attemjit  to  press  it  to  a  vote  in  a  few  days.  I  want  this  bill  to  go  over.  I  do  not 
know  that  I  shall  vote  against  the  bill  as  a  whole,  because  I  am  in  hopes  there  Avill 
be  some  amendments  added  to  it  which  will  make  it  palatable  to  some  of  us  who  do 
not  like  it  in  its  present  shaj^e. 

The  President  pro  tempore.  If  there  be  no  further  amendments,  tlu' bill  will  be 
rep(jrted  to  the  Senate  as  amended. 

Mr.  Pettus.  There  is  an  amendment  pen  ling  wlr'ch  has  not  been  acted  upon. 

The  Presij)ENT  pro  tempore.  What  amendment  is  that? 

Mr.  Pettus.  It  is  an  amendment  to  strike  out  certain  words  in  line  11  on  page  3. 
A  motion  to  that  effect  was  made  at  the  last  session  of  the  Senate,  and  it  is  so  printed 
in  the  bill. 

Mr.  Hai,e.  That  has  been  voted  on  to-day. 

Mr.  Nelson.  It  has  been  acted  on. 

Mr.  Pettus.  I  have  not  heard  it  acted  upon,  and  I  have  l)een  here  watching  it  all 
the  time. 

The  President  pro  tempore.  Every  amendment  which  has  l)een  i)roposed  up  to 
this  time  has  been  acted  upon. 

]Mr.  Cockrell.  I  move,  in  line  15,  page  3,  after  the  word  "Department,"  to  strike 
out  the  words: 

And  that  the  Census  Office  and  all  that  pertains  to  the  same  be,  and  the  same  hereby  are,  trans- 
ferred frdm  the  Department  of  the  Interior  to  the  Department  of  Commerce,  to  remain  henceforth 
under  the  jurisdiction  of  the  latter. 

I  understand  the  Patent  Office  has  already  been  stricken  out.  It  leaves  in  the 
Census  Office.  I  fail  to  see  any  reason  on  earth,  above  it,  or  beneath  it,  wh}'  the 
Census  Office  should  be  put  under  the  Department  of  Commerce.  It  is  an  offii'c 
which  only  once  in  everj^  ten  years  takes  the  census  of  the  living  and  of  such  things 
as  may  be  jirescribed  by  Congress,  and  it  does  it  in  obedience  to  the  Constitution. 
Now,  why  should  that  be  placed  under  the  Department  of  Commerce,  which  has  not 
a  solitary  thing  to  do  with  it?  It  jarimarily  takes  only  the  j)()pnlation  and  the  nec- 
essary statistics  in  connection  therewith,  and  it  is  not  done  annually;  it  is  done  only 
every  ten  years.  It  does  not  affect  the  project  of  the  Senator  from  Minnesota  to  have 
all  tile  statistical  bureaus  consolidated.  The  Census  Office  is  not,  in  the  strict  sense 
of  the  word,  a  statistical  bureau  which  gives  information  every  year.  It  gives  it  only 
every  ten  years.  Then  it  has  to  have  a  very  large  force,  and  as  s(jon  as  the  Avork  is 
done  the  great  bulk  of  that  force  is  discliargi'd. 

Now,  you  put  them  together  and  CDiisoiidati'  a  number  of  these  offices,  and  the 
result  will  be  that  the  first  time  the  census  is  taken  after  the  offices  are  consolidated 
the  entire  force  of  clerks  put  into  it  will  be  kept  there,  and  it  will  add  millions  of 
dollars  to  the  expenses  of  the  Government.  You  can  not  avoid  it.  As  it  is  now, 
every  ten  years  the  census  is  taken.  The  force  is  employed  for  two  or  three  years, 
and  then  discharged.  There  is  no  further  expense — that  ends  it.  We  have  l)een 
limiting  tlie  operations  of  the  Census  Office.  We  limited  it  to  three  years.  The 
present  Director  of  the  Census  will  complete  the  work  within  the  time  prescribed  by 
Congress,  and  then  the  great  body  of  clei'ks  will  l)e  discharged,  and  there  will  be  no 
necessity  for  this  P>ureau  being  under  the  Department  of  Conmierce.  You  have 
already  provided  enough  to  keep  the  new  Secretary  busy.  You  already  have  enough 
business  before  him  to  make  the  new  Department  as  great  as  any  one  of  the  other 
Dejiartments,  and  why  insist  njion  incorporating  that  which  is  not  kindred  in  any  of 
its  labors  or  duties  or  the  results  of  its  labors?     I  hoi)e  the  words  will  be  stricken  out. 


LKCJISLATIVE    UlSTOKY  461 

Till'  I'i;k.sii>knt  pro  tciuiioiv.  Tin-  Si'iiutor  frniii  Missouri  [Mr.  ('ockrcll]  offers  an 
aiiH'ii(liiu'iit,  wliicii  wiJl  lie  stated. 

Tlie  SicruKTAitv.  In  line  15,  pa.if*' ■">.  section  I,  after  llie  wonl  "  Uepartnienl,"  it  is 
prc)]tosetl  to  strike  out  the  wonls: 

Alicl  tliiit  till'  Ci'iislis  Ollici',  lUiil  ill!  Ilml  iicrtains  to  the  s.-iiiu',  he,  and  tliu  .suiiR'  licri'liy  iirc,  Iriui.s- 
iViTcd  from  llu' Di'partiiieiilof  tlie  liitirinr  tn  thu  Drparliiu'iit  of  CoiuiiHTce,  to  rumaiii  liuiicuforlli 
iiiiiUt  tin-  juiisdiclioii  of  tlic  latter. 

INIr.  Ai.iJsoN.  Mr.  President,  1  hope  the  amendment  proposed  Ity  the  SeJiator  from 
Missouri  will  be  adopted.  We  haxH-  never  heretofon^  made  jirovision  for  the  Census 
Ollice  in  any  re;iular  bill  relating,'  to  a  department.  It  is  usual,  and  has  been  for  many 
years,  to  jirejiare  a  separate  l>ill  each  ten  years  in  which  it  is  provided  how  the 
census  for  the  decennial  period  shall  betaken.  In  those  bills  heretofore  we  have 
])rovided  that  the  eensu.s  shall  l)e  under  the  Secretary  of  the  Interior.  Now,  when 
we  come  to  deal  with  the  census  question,  if  it  shall  then  appi-ar  that  it  is  better  to 
assii^n  it  to  the  new  DepartmiMit,  the  Department  of  Commerce,  there  will  be  no 
oliji'ctiiin.  But  it  f^eems  to  nie  we  liave  already  ])rovided  very  amply  for  this 
Deiiartment  witlnmt  <ratherin<;  into  the  bill  creating  it  nuscellaneous  le}j;islation 
which  heiitolore  has  been  providi'd  for  only  once  in  ten  years.  J  suo;u;est  to  my 
friend  from  Minnesota  that  he  allow  this  to  pass  l)y  and  that  it  be  provided  for 
when  we  ])rovide  for  taking  the  next  census. 

Mr.  ^IcCrMiiioK.  Mr.  Tresident,  I  shotild  like  to  ask  the  Senator  from  Minnesota 
whether  it  is  not  a  fact  that  tive-sixths  of  the  work  that  is  to  be  accomplished  by  this 
new  J)ei)artnient  is  work  which  is  now  being  accomplished  by  the  Census  l>ureau; 
and  as  to  the  statistics  that  we  are  supposed  to  secure  from  this  new  Department, 
could  we  not  to-day  get  nine-tenths  of  those  statistics  from  the  Census  Bureau?  It 
seems  to  me  that  the  Census  Ollice,  as  a  single  department,  to-day  is  more  important 
really  than  tlie  new  ollice  which  is  about  to  be  created;  and  we  are  asked  to  make 
that  merely  a  dei)artment  mider  the  general  Department  of  Commerce. 

That  being  the  case,  it  seems  to  me  we  are  taking  one  of  the  old-estaljlislied  depart- 
ments and  practically  destroying  it,  placing  it  under  another  department  as  a  mere 
wing;  the  more  important  made  the  least  itnportant  in  this  bill. 

Not  only  that,  but  I  understand  there  is  a  feeling  which  has  l>een  expressed  l)y 
meml)ers  of  the  Senate  as  well  as  by  members  of  the  House  that  the  Census  Bureau 
should  be  made  iiermanent;  audit  it  is  made  permanent  we  would  be  able  to  get 
from  that  department  the  statistics  reiiuired,  and  it  would  be  the  ])roper  department 
to  go  to.  It  would  ])c  the  dei>artment  which  would  have  the  gathering  of  statistics 
and  facts  concerning  any  matter  from  the  very  beginning,  and  would  be  the  jiroper 
department  to  which  to  go  to  secure  what  infortnation  we  desire.  I  myself  can  not 
see  any  good  reason  for  swallowing  up  the  Census  Office  practically  in  the  new 
Department  of  ( 'ommerce. 

Mr.  Tkij.eh.  Mr.  President,  unless  the  de])ate  is  carried  on  so  that  we  on  this  side 
can  hear,  we  shall  be  under  the  necessity  of  asking  that  the  matter  go  over  until 
to-morrow,  that  we  may  read  in  the  Record  what  Senators  have  said.  I  do  not 
belii've  a  Senator  on  this  sitle  of  thw  Chamljer  has  heard  a  word  of  what  was  said  by 
the  Senator  who  has  just  taken  his  seat.  That  was  probably  due  to  the  noise  and  con- 
fusion in  the  Chaniber. 

Mr.  Nelsox.  JNIr.  President,  I  do  not  intend  to  reargue  this  matter.  I  simply  wish 
to  call  the  attention  (^f  Senators  to  the  fact  that  the  Census  Bureau  is  now'  under  one 
of  the  Fyxecutive  Departments.  It  is  a  part  of  the  Interior  l)ei)artment.  In  trans- 
ferring it  to  this  Department,  it  was  not  our  purpose  at  all  to  have  anything  to  do 
with  the  other  (|uestion  which  has  been  suggested  here,  as  to  whether  the  work  of 
tin- Census  Bureau  shotdd  be  made  permanent.  The  census,  as  the  Senator  from 
iNIissoiiri  has  well  said,  is  takt'ii  only  once  in  ten  years.  That  is  the  fact  in  the  field, 
but  the  compilation  and  juiblication  goon.  I  dare  say  some  of  the  work  of  i)ul)lish- 
ing  the  volumes  and  indexing  them  and  delivering  them  to  Senators  will  continue 
for  one  or  two  years  longer,  although  I  am  not  familiar  with  that  subject. 

The  (luestion  whether  or  not  the  Bureau  shall  be  i)ermanent  never  entered  into 
my  consi<leration  or  into  the  consideraton  of  any  member  of  the  Committee  on  Com- 
merce, I  think.  \Ve  simply  looked  at  the  question  in  the  light  of  the  fact  that  the 
great  work  of  the  Bm-eau  is  of  a  statistical  character.  It  is  not  all  a  matter  of  popu- 
lation. When  it  comes  to  the  matter  of  population  and  vital  statistics,  of  course  our 
plan  is  to  take  those  statistics  once  in  ten  years,  l)ut  when  it  comes  to  other  statis- 
tics, relating  to  oin- manufactm-ing  development,  otir  shipiiing  interests,  our  naviga- 
tion, our  merchant  marine,  our  conmierce  at  home  and  abroad,  those  are  statistical 
matters  which  can  be  gatherecl  from  time  to  time.  They  are  gathered,  to  a  large 
extent,  by  the  P>iu'eau  of  Statistics  from  year  to  year. 

Now,  personally,  for  myself  I  am  not  tenacious  at  all  a])out  this  or  any  other  (jues- 
tion  before  the  Senate  in  reference  to  this  bill.     I  am  simply  anxious  to  get  a  bill 


462  LEGISLATIVE    HISTORY 

passed  establishinj?  a  Department  of  Gommerce,  which  shall  have  charge  of  our  com- 
mercial and  industrial  interests.  If  Senators  are  of  opinion  that  tlie  work  of  the 
census  is  not  more  germane  and  pertinent  to  the  Department  of  Commerce  than  to 
the  Interior  Department,  I  have  n(jthing  to  say.  1  submit  the  question  to  the  judg- 
ment of  the  Senate. 

The  President  pro  tempore.  The  question  is  on  agreeing  to  the  auiendmexit  sub- 
mitted l)y  the  Senator  fnjm  Missouri  [Mr.  Cockrell]. 

The  amendment  was  agreed  to. 

Mr.  Tellek.  1  wish  to  call  the  attention  of  the  Senator  who  has  this  bill  in-charge 
to  page  3,  where  it  is  provided  that  the  Bureau  of  Foreign  Commerce,  now  in  the 
Department  of  State,  shall  -he  transferred  to  tliis  new  Department.  Then  later,  on 
page  4,  there  is  this  provision: 

•  And  the  Chief  of  said  Bureau  of  Foreisn  (Nnuinercc  sliall  bo  the  assistant  chief  of  the  said  Bureau 
of  Statistics. 

1  want  the  Senator  to  tell  me  what  is  the  object  of  provi(Ung  that  the  head  of  one 
bureau  shall  be  the  assistant  <if  another.  It  seems  to  me  to  be  a  remarkal)le  pro- 
vision, and  one  which  it  is  not  very  safe  to  allow  to  go  in.  But  if  the  Senator  can 
give  me  a  good  reason,  I  will  not  move  to  strike  it  out. 

Mr.  Nelson.  The  reason  is  this,  if  the  Senator  will  allow  me:  There  is  in  the  Depart- 
ment of  State  a  statistical  bureau  which  was  called  the  Bureau  of  Statistics.  I  think 
one  or  two  years  ago  the  name  was  changed  and  it  was  called  the  Bureau  of  Foreign 
Commerce.  The  work  of  that  Bureau  is  mainly  of  a  statistical  nature,  and  it  is  con- 
fined to  our  foreign  commerce.  It  consists  to  a  large  extent  in  compiling  statistics 
and  information  gathered  through  our  consular  representatives  abroad. 

Now,  it  was  the  plan  of  the  bill  to  t-onsolitlate  that  statistical  work  with  the  Bureau 
of  Statistics  in  the  Treasury  Department,  and  it  occurred  to  the  committe  that  in 
transferring  that  work  to  the  Bureau  of  Statistics,  it  being  at  the  head  of  one  branch 
of  the  statistical  work,  it  was  well  to  make  him  the  assistant  chief.  Now,  this  does 
not  intend  to  change  the  salary,  or  the  scope  of  it.  It  simply  makes  him  the  assistant 
chief,  with  the  same  salary  he  is  getting  now.  It  does  not  change  liis  salary  or  his 
work  in  any  material  particular.  It  leaves  him  to  work  under  the  direction  of  the 
Chief  of  the  Bureau  of  Statistics,  placing  him  as  the  next  assistant,  because  of  the 
fact  that  he  brings  to  that  Bureau  all  the  work  that  appertains  to  our  foreign  (com- 
merce, and  he  is  sui)posed  to  be  moie  familiar  with  that  i)articular  branch  of  the  w  ork. 

Mr.  Teller.  Mr.  President,  the  Bureau  of  Statistics,  which  is  now  in  the  Treasury 
Department,  is  to  be  transferred  to  tliis  Department,  and  then,  a(!Cording  to  the 
Senator's  statement,  the  Bureau  of  Statistics  in  the  State  Department  is  to  be  trans- 
ferred also,  and  we  are  to  have  the  two  bureaus  in  this  new  Department.  The 
trouble  now  with  statistics  in  the  United  States  is  that  we  have  a  Bureau  of  Statistics 
in  the  Treasury  Department  and  practically  a  bureau  of  statistics  in  other  divisions 
as  well  as  in  other  departments.  We  have  a  Bureau  of  Statistics  under  the  Director 
of  the  Mint,  which  is  in  the  Treasury  Department.  We  have  a  Bureau  of  Statistics 
in  the  Agricultural  Department  and  one  in  the  Interior  Department.  In  other  words, 
we  have  just  as  many  bureaus  of  statistics  as  we  have  departments,  and  some  more; 
and  I  will  guarantee  that  when  these  bureaus  pass  upon  the  same  identical  (juestion 
no  two  of  them  have,  in  ten  years,  been  able  to  agree  to  the  same  thing.  You  can 
find  statistics  on  the  same  subject  coming  from  the  same  department  that  will  not 
agree  within  sometimes  a  million  or  two  of  dollars  or  within  as  many  tons,  if  it  is  a 
question  of  tons  or  bushels  or  whatever  it  may  be. 

There  is  not  any  statistical  bureau  in  this  Government  in  the  strict  and  proper 
sense  of  the  term.  The  Statistical  Bureau  in  the  Treasury  Department  have  no  right 
to  revise  the  statistics  of  the  Interior  Dejtartment,  nor  even  of  the  Treasury  Depart- 
ment under  another  bureau.  Tlie  Director  of  the  ]\Iint  i)uts  out  statistics  that  do 
not  very  often  agree  with  the  statistics  of  the  Statistical  Bureau  of  the  Treasury. 

I  have  not  l)een  impressed,  as  some  Senators  have,  with  the  crying  necessity  for 
another  department,  but  I  have  not  felt  like  making  any  objection  to  it.  About  the 
only  consideration  that  has  reconciled  me  to  it  was  that  there  might  be  such  a  thing 
as  one  statistical  l)ureau  that  might  be  a  bureau  worthy  of  that  name. 

Now,  it  appears  that  the  Senator  from  Minnesota  proposes  to  transfer  one  statis- 
tical bureau  from  the  State  Department  and  to  leave  it  still  an  existing  statistical 
liureau;  and  that  he  proposes  to  transfer  one  from  the  Treasury  and  leave  it  a  statis- 
tical bureau. 

Mr.  Nelson.  Will  the  Senator  from  Colorado  allow  me  to  interrupt  him  there? 

Mr.  Teller.  Certainly. 

Mr.  Nelson.  The  plan  is  not  to  leave  them  distinct  l)ureaus.  The  Statistical 
Bureau  from  the  State  Dej)artment  is  to  be  consolidated  with  this  other  bureau. 

Mr.  Teller.  Not  by  the  terms  of  this  bill. 


LEGISLATIVE    HISTORY  463 

Mr.  Nelson.  Yos. 

]Mr.  Teli.iok.  Oh,  no.  It  may  lie  that  tliat  is  what  tlu-  Senator  ni(>ans,  l)ut  tliat  ih 
not  what  iwdoni'.  1  will  call  the  Senator's  attention  to  it.  I  am  not  doinj;  this  in  any 
hostility  to  the  hill,  hnt  simply  heeausi'  we  on<^ht  to  make  this  nieasnre  as  j>erfect  as 
we  can. 

I\Ir.  Nelson.  Will  the  Senator  allow  me  to  call  his  attention  to  the  lanjinaj^e  com- 
mencing in  line  2'A,  at  the  foot  of  i)age  'A,  following  the  semicolon? 

That  tlio  Hiironu  of  ForoiKu  Owimorce,  now  in  tlic  Dopartiiu'iit  of  State,  bo,  nn<l  the  same  hereby 
is,  traiisferrufl  to  the  Department  of  Commerce  and  consolidated  witli  and  made  a  part  of  ttie  Bureau 
of  Statistics,  liereinbefore  transferred  from  tlie  De{)artmenl  of  the  Treasdry  to  the  Department  of 
Commeree. 

Mr.  Tem.eu.  Well,  it  is  still  a  burean. 

Mr.  Nelson.  No;  it  is  consolidated  and  made  a  part  of  it.  It  is  not  to  be  a  sepa- 
rate luirean  any  longer. 

INlr.  Teller.  If  it  is  t<i  1)0  consolidated  that  bureau  onght  to  be  "wiped  out.  The 
Senator  still  recognizes  that  there  is  to  be  a  chief  of  the  bureati  that  exists  in  the 
State  Depart mi'ut,  because  that  chief  is  to  be  the  assistant  of  the  bureau  that  is  now 
in  the  Treasury  Department.  How  there  can  be  a  head  of  that  bureau  and  the  head 
can  be  the  assistant  of  the  other  bureau  unless  the  two  l)ureaus  are  still  to  exist  I  am 
unable  to  see.  If  the  Senator  means  that  it  is  not  to  continue  as  a  bureau,  the  lan- 
guage of  the  bill  should  be  changed. 

Mr.  Nelso.v.  I  call  the  Senator's  attention  to  another  part  (»f  the  language  that  I 
did  not  read: 

And  the  Cliief  of  said  Bureau  of  Foreign  Connnenn' shall  be  the  assistant  chief  of  the  Bureau  of 
Statistics;  and  it  shall  be  the  duty  of  said  Bureau — 

The  consolidated  bureau 

Mr.  QxTARLES.   Where  is  that  found? 
Mr.  Nelsox.  I  am  reading  on  page  4- 

and  it  shall  be  the  duty  of  said  Bureau— 

That  means  the  consolidated  bureau — 

under  the  direction  of  the  Secretary,  in  addition  to  the  duties  now  prescribed  by  law,  to  gather, 
compile,  classify,  and  publish  statistical  informati(m  showing  the  condition  of  the  foreign  and 
domestic  commeree,  of  the  mining,  manufacturing,  shipping,  and  fishery  industries,  and  of  the 
transportation  facilities  of  the  United  States. 

It  does  not  intend  that  there  shall  be  two  departments  left.  It  is  the  aim  of  the 
bill  to  consolidate  and  avoid  the  duplication  of  work. 

Mr.  Teller.  1  imagine,  then,  from  what  the  Senator  says,  that  what  he  proposes 
is  to  legislate  that  chief,  when  he  consolidated  the  bureaus,  into  the  place  of  assistant, 
but  that  he  does  not  do. 

Mr.  CocKRELL.  Not  at  all. 

Mr.  Telleh.  That  is  what  he  wants  to  do.  He  has  not  done  it.  There  will  still 
be  two  bureaus  there.  One  come's  from  the  Dejiartment  of  State  and  the  other  from 
the  Treasury  Department. 

INlr.  CocKKELL.  And  there  will  be  chiefs  of  each  of  them. 

Mr.  Teller.  There  will  l)e  chiefs  of  each  of  them,  but  one  will  have  a  dual  rela- 
tion, l)ecause  lie  will  bi'  the  chief  of  one  bureau  and  the  assistant  chief  of  the  other. 
Now,  if  the  Senator  means  that  there  shall  not  l)e  two  bureaus,  he  must  change  the 
language  and  put  it  so  that  we  shall  not  have  two  bureaus. 

In  addition  to  that,  I  supposed,  from  reading  this  language,  that  it  was  the  inten- 
tion to  keep  the  two  l)ureaus.  So  I  had  proposed  an  ameinlment  of  this  kind,  to 
strike  out  all  in  line  4,  after  the  word  "commerce,"  down  to  and  including  the  word 
"Statistii's,"  in  line  6.  That  would  do  away  with  the  i)roposition  to  make  the  Chief 
of  the  Bureau  of  Foreign  Commerce  an  assistant  in  the  other  bureati;  but  if  it  is  the 
pur[)ose  of  the  Senator  to  consolidate  those  two  and  make  only  one  bureau,  with  one 
head,  then  he  must  change  the  language  in  some  way.  I  do  not  know  just  how  to 
accom])lisli  that  purpo.>^e. 

Mr.  Nei,son.  I  will  .<ay  to  the  Senator 

Mr.  CocKitELf..  I  suggest  to  the  Senator  from  Colorado  that  he  move  to  strike  out 
the  words  which  occur  there  and  to  insert — 

And  shall  constitute  one  bureau,  with  one  chief  and  assistant  chief. 

Mr.  Nelson.  I  will  say  to  the  Senator  from  Colorado  and  the  Senator  from  Mis- 
souri that  it  was  c(>rtainly  the  purpose  of  this  part  of  the  l)ill  to  consolidate  the  two 
existing  bmvaus  into  one. 

Mr.  TELLEii.  If  that  is  what  the  Senator  wants  to  accouiplish,  I  shall  be  glad  to 
have  the  amendment  offered  so  that  we  may  hav*  a  vote  on  it. 


464  LEGISLATIVE    HISTORY 

Mr.  Vest.  I  should  like  to  usk  the  Senator  from  Colorado  a  question. 

Mr.  Teller.  Certainly. 

Mr.  Vest.  The  Senator  from  Colorado  has  been  Secretary  of  the  Interior,  and  a 
very  able  one,  I  will  say.  How  is  it  that  we  have  a  Statistical  Abstract,  wliich 
includes  not  only  the  statistics  of  the  Treasury  Department  but  of  all  tlie  other 
departments?  I  understand  that  to  be  the  authoritative,  general  statistit'al  aljstract 
of  the  Government,  and  while  it  is  true  that  the  Director  of  the  IMint  arid  some 
bureau  officers  report  a  statistical  abstract,  they  are  repeated  and  sent  out'authorita- 
tively  from  the  general  Statistical  Abstract  office  of  the  Treasury  Deijartnient? 

Mr.  CocKKELL.  That  goes  from  the  Bureau  of  Statistics  of  the  Treasury  Department. 

Mr.  Teller.  Yes;  that  is  right. 

Mr.  Vest.  It  eml)races  the  statistics  of  all  the  departments. 

Mr.  CocKRELL.  But  it  is  nevertheless  compiled  in  the  office  of  the  Bureau  of  the 
Ti'easury  Dejiartment  and  issued  by  that  one  office. 

Mr.  Vest.  That  is  an  authoritative  publication  for  all  of  the  departments,  not  of 
the  Treasury  Department.  If  I  want  information  about  shii)ping,  or  the  land  laws, 
or  the  num])er  of  fisheries,  I  simply  go  to  the  Statistical  Abstract,  which  is  the  essence 
of  the  reports  of  all  the  bureau  officers  under  tlie  head  of  the  Treasury  Department. 

Mr.  CocKRELL.  My  colleague  is  exactly  right.  It  is  in  the  Bureau  of  Statistics  of 
the  Treasury  Department  that  it  is  compiled  and  published. 

Mr.  Vest.  That  is  true. 

Mr.  CocKRELL.  We  have  now  about  twenty-odd  volumes  that  have  been  issued. 
It  was  about  twenty-one  or  twenty-two  years  ago  when  the  first  Statistical  Abstract 
was  issued,  and  it  has  been  kept  up  annually  ever  since. 

Mr.  Teller.  That  is  a  very  valuable  document,  and,  as  the  Senator  from  Missouri 
says,  it  is  issued  under  the  control  and  direction  of  the  Treasury  Department.  Some 
years  ago,  in  making  a  si^eech,  I  quoted  from  the  published  report  of  the  Director  of 
the  Mint  and  I  was  caught  up  by  a  gentleman  wdio  had  the  Statistical  Abstract.  It 
was  on  a  question  of  the  amount  of  precious  metals  produced  in  a  country,  and  I 
found  between  two  and  three  million  dollars  diffei'ence  in  the  Statistical  Abstract 
and  in  the  published  report.  I  had  quoted  without  the  book,  but  I  happened  to 
have  with  me  the  repcjrt  of  the  Director  of  the  Mint,  and  I  turned  to  it  and  showed 
that  the  discrepancy  existed  in  the  ].ul)lished  reports  of  the  Government.  My 
attention  having  been  called  to  it,  I  found  that  to  be  the  case  in  more  than  one 
instance. 

We  have  never  had,  as  a  rule,  a  trained  statistician  in  the  Treasury  Department. 
By  the  time  we  have  got  a  man  educated  in  the  Treasury  Department  so  that  he 
knows  anything  about  statistics  he  is  turned  out  and  a  new  one  put  in.  That  has 
been  the  rule. 

The  present  statistician  in  the  Bureau  of  Statistics  of  the  Treasury  Department,  I 
think — I  say  without  any  discredit  to  him — had  no  experience  and  no  particular 
claim  to  qualifications  to  be  placed  there.  He  is  a  man  of  pretty  good  ability  and 
industry,  and  by  the  time  he  gets  ready  to  go  out  and  some  other  person  comes  in 
he  will  be  a  good  statistician.  He  has  done  some  very  good  work.  I  am  not  going 
to  criticise  him  at  all,  but  the  statistical  l)ureau  of  the  Government  of  the  Uniteil 
States  ought  to  have  at  its  head  a  man  who  is  a  statistician  by  experience  and  1)y 
nature,  because  those  things  go  with  a  man.  Every  man  can  not  make  a  statistician 
of  himself,  and  when  he  is  there  he  ought  to  stay  there.  He  should  not  l)e  removed. 
Itehould  not  be  a  political  office.  Then  whenever  a  man  takes  up  a  statistical  state- 
ment, or  any  conclusion  that  he  may  see  fit  to  draw  from  it,  it  will  have  the  authority 
of  experience,  and,  more  than  that,  of  learning. 

I  thought,  if  the  Census  Office  was  turned  over  to  this  new  Ijureau,  I  could  see  some 
propriety  in  liaving  a  statistical  bureau  in  the  Census  Office,  and  then  if  the  census 
should  be  made,  as  I  thought  perhaps  it  would  and  I  was  in  hopes  it  would,  a  per- 
manent bureau,  with  a  limited  number  of  employees  in  it  during  the  time  they  were 
not  taking  the  national  census,  we  could  get  a  fair  statistical  reimrton  every  question. 

I  do  not  want  to  make  these  criticisms  of  the  statistical  work  of  the  Government, 
which  is  not  jierfect  by  any  means,  without  saying  that  in  my  judgment  it  is  as  good 
as  the  statistical  work  of  any  other  government  in  the  world.  I  have  taken  some 
pains  and  I  liave  had  some  experience  with  the  examination  of  the  English  statistics 
and  the  French  statistics  particularly. 

I  ought  to  say,  in  justice  to  the  Statistical  Bureau,  that  I  believe  our  reports  stand 
well  abroad.  But  they  are  not  perfect  by  any  means.  They  are  not  what  we  ought 
to  have,  and  they  are  not  what  w'e  can  have  if  we  go  at  it  right.  This  Bureau  is  in 
the  i)lace  where  it  ought  to  l)e,  but  there  ought  not  to  be  two  bureaus  there,  nor 
ought  a  man  who  is  at  the  head  of  one  to  lie  the  assistant  in  another.  The  head  of 
the  Bureau,  I  repeat,  should  be  a  trained  statistician.  The  assistant  should  be  a 
trained  statistician.     His  employees  ought  to  be  trained  statisticians.     What  is  the 


LEGISLATIVE    HISTORY  4<*)5 

use  of  puttinjr  a  now  num  in  a  bun-au  like  that,  eitiier  at  tlio  lioad  or  at  the  foot,  I 
do  not  faro  where  you  \)\\t  liiin?  You  have  jrot  to  have  inatiuMnaticianH.  It  is  a 
work  which  n'liuiroH  the  hijj;liest  possible  talent  in  the  many  particulars.  I  want  to 
<ret  that  if  we  can,  and  1  wish  to  have  the  bill  so  framed  that  there  will  be  no  mia- 
uuderstandinjz:  on  the  subject  and  so  that  it  will  be  known  that  there  is  to  be  but  one 
bureau  oi  statistics  there. 

Now,  you  can  not  dispense  entirely  with  what  need  not  perhaps  bo  called  a  bureau, 
but  a  statistical  division,  in  every  other  department.  Every  department  should  have 
its  statistical  division,  which  should  be  subordinate  to  the  general  statistical  bureau, 
so  that  before  the  Secretary  of  the  Interior  is  allowed  to  send  out  statistics  they 
shoidd  go  to  the  bureau  of  statistics  for  revision,  and  you  never  will  have  a  proper 
statistical  bureau  and  proper  statistical  statements  until  you  get  to  that  condition. 

Now,  if  the  (Senator  from  ]Misst)uri  [Mr.  Cockrell]  will  move  his  amendment,  we 
will  at  least  accomplish  that  and  have  it  settled  tliat  there  is  to  be  but  one  statistical 
bureau  in  the  new  Department. 

^Ir.  ('<i(KHELL.  In  line4,  after  the  words,  "  the  Department  of  Commerce,"  I  move 
to  strike  out  "and  the  chief  of  said  Bureau  of  Foreign  Commerce  shall  be  the  assist- 
ant chief  of  the  said  lUireau  of  Statistics,"  and  insert: 

And  the  two  shall  constitute  one  bureau,  to  be  called  the  Bureau  of  Statisties,  with  a  chief  of  the 
bureau  and  one  assistant. 

IVIr.  C^UAKLES.  Mr.  President,  I  nuich  regret  that  I  was  not  in  the  Cliand)er  when 
this  debate  originated.  I  can  not  help  feeling  that  we  are  making  a  mistake  in  strik- 
ing out  the  Census  Bureau  from  the  bill,  and  when  it  shall  be  in  order  1  siuiU  move 
to  reconsider  the  vote  by  which  the  Census  Bureau  was  stricken  out. 

1  concur  most  heartily  in  the  suggestions  just  made  by  my  distinguished  friend 
from  Colorado  [Mr.  Teller].  I  believe,  sir,  it  is  the  common  experience  of  Senators 
here  that  we  are  running  mad  on  the  tjuestion  of  statistics.  Eacli  bureau  that  we 
create  starts  immediately  to  develop  and  spread  itself  and  extend  its  functions,  and 
it  begins  to  reach  out  directly  after  statistics,  until  every  ))ureau  that  wi;  have  is  now 
furnishing  statistics  that,  in  my  judgment,  are  crude  and,  as  the  distinguished  Sena- 
t<ir  says,  unreliable.  Statistics  are  worse  than  worthless  unless  they  are  accurate, 
because  they  are  misleading. 

Now,  we  have  not  far  to  look  for  the  reason  of  the  inaccuracy  of  statistics  that  these 
several  bureaus  are  gathering.  The  reason  is  that  they  are  gathered  sometimes  by 
vulmiteers,  always  by  men  without  exi)erieuce.  They  are  brought  together  and  col- 
latiorated  not  l)y  trained  statisticians  ))ut  by  men  who  have  been  selected  simply  as 
the  head  of  a  bureau,  with  specific  duties  imposed  upon  them.  In  my  judgment,  sir, 
we  shall  never  have  any  statistics  that  are  reliable  until  we  organize  one  central 
bureau  and  keep  it  as  a  permanent  organization,  with  trained  men  not  only  at  the 
head  but  throughout  every  subdivision. 

Now,  how  are  we  to  arrive  at  that  state  of  affairs  so  much  to  be  desired?  I  ven- 
ture to  say,  sir,  that  if  these  several  statistical  l)ureaus  are  left  attached  t(  >  the  various 
I)ei)artment.s,  you  will  never  be  aide  to  consolidate  them,  because  the  minute  you 
attack  that  Inireau  and  undertake  to  coud)ine  it  with  something  else  you  arouse  jeal- 
ousy, susj)icion,  and  opposition,  and  the  peojde  interested  in  promoting  that  bureau 
come  here  and  oppose  the  measure. 

But  I  thought  I  saw,  JNIr.  President,  in  this  bill  a  convenient  and  appropriate 
method  of  arriving  at  the  conclusion  we  all  desire,  namely,  l)y  having  all  these 
bureaus  and  the  Census,  whether  it  be  made  permanent  or  not,  put  into  this  new 
Department,  wdiere  we  may  place  an  organizer  who  will  organize  it,  as  we  all  desire, 
into  one  great,  reliable  bureau,  destroying  all  jealousy  and  putting  at  its  head  men 
who  are  capable  of  furnishing  us  statistics  which  are  accurate  and  relial)le. 

Now,  it  is  the  desire  of  the  Connnittee  on  Census,  of  which  I  have  the  honor  to 
be  a  niem])er,  in  the  near  future  to  present  to  this  body  the  reasons  why  there  ought 
to  be  a  permanent  Census  Bureau  instead  of  having  each  ten  years  mere  sjiasmodic 
work — emergency  work.  I  did  not  suppose  that  the  question  would  be  anticipated 
or  raised  by  this  bill;  but  let  me  call  your  attention,  Mr.  President,  to  what  we  are 
doing.     Now  I  ask  Senators  to  look  on  page  4  of  this  l)ill,  connnencing  at  line  8. 

Before  I  read  this  language,  let  it  l)e  remembered  that  under  existing  law  the  pres- 
ent Census  Bureau  is  to  complete  by  the  1st  day  of  July,  1002,  and  })ul)lish,  the 
reports  on  the  four  princijial  topics:  Population,  vital  statistics,  manufactures,  and 
commerce.  That  innnediately  afti'r  that  the  J5ureau  is  comnnssioned  by  law  to 
obtain  the  statistics  regarding  mines  and  mining  and  report  that,  and  then  to  take 
up  the  subject  of  crimes,  i)auperism,  transportation,  and  many  otlier  topics  that  are 
still  after  that  to  be  collected  and  published. 

Now,  connnencing  on  line  8,  let  us  see  what  we  are  asking  this  Bureau  to  do. 

27628—04 m 


466  LEGISLATIVE    HISTORY 

Mr.  Teller.  On  what  page? 

Mr.  QuAKLEs.  Oil  page  4.  After  taking  the  i)rovision  for  the  Census  Bureau  out 
of  this  bill,  see  how  comi)letely  you  are  providing  here  for  duplicating  these  statis- 
tics. 

In  addition  to  the  dnties  now  prescribed  by  law,  to  gather,  compile,  classify,  and  publish  statis- 
tical information  showing  the  condition  of  the  foreign  and  domestic  commerce,  of  the  mining,  man- 
ufacturing, shipping,  atid  fishery  industries,  and  of  the  transportation  facilities  of  tlie  United  States. 

That  is  precisely  the  work  that  you  have  devolved  upon  this  Census  Bureau,  pre- 
cisely the  work  that  will  engage  the  energies  of  that  Bureau  for  the  next  four  or  five 
years. 
Mr.  CocKRELL.  It  will  complete  its  work  by  next  June. 

Mr.  QiTARLEs.  My  distinguished  friend  is  certainly  mistaken,  l)ecause  by  the  text 
of  the  bill  it  has  until  the  1st  day  of  July,  1002,  to  publish  the  tables  regarding  four 
principal  topics — population,  vital  statistics,  manufactures,  and  comnierc'e — foui-  vital 
points.  After  that  it  takes  up  mines  anil  mining,  and  is  commissioned  to  make  thor- 
ough investigation  of  mines  and  mining,  the  number  of  men  employed,  the  amount 
of  metal  removed,  and  all  that  subject.  After  that  it  then  takes  up  a  dozen  other 
topics,  as  to  which  it  will  consume  two  or  three  years  to  properly  prepare  the  statis- 
tics. 
Mr.  FoRAKER.  Will  tlie  Senator  allow  a  question  simply  for  information? 
Mr.  QuARLES.  Certainly. 

Mr.  FoRAKER.  Has  not  the  Census  Bureau  already  entered  upon  the  work  which 
the  Senator  speaks  of  as  contemplated  by  the  law  after  the  four  main  subjects  have 
been  reported  upon? 
Mr.  QuARLES.  Certainly. 

Mr.  FoRAKER.  They  are  already  engaged  in  that  work  at  this  time? 
Mr.  QuARLES.  Certainly. 
Mr.  FoKAKER.  That  is  what  I  understood. 
Mr.  QiTARLEs.  Yes,  sir. 

Mr.  Teller.  Will  the  Senator  allow  a  suggestion? 
Mr.  (iuARLEs.  With  pleasure. 

Mr.  Teller.  I  understand  from  perfectly  relial)le  authority  that  there  will  be  a 
large  force  necessarily  retained  in  the  Census  Office  for  the  next  four  years. 

Mr.  QuARLES.  Certainly;  for  five  years.  If  I  had  time  to  elaborate  that,  I  think  I 
could  show  the  Senate  that  five  years  would  not  be  an  inadequate  period  within 
which  to  gather  accurate  statistic'S  concerning  the  topics  already  assigned  to  this 
Bureau.  Then  it  will  require  at  least  three  years  to  prepare  for  taking  the  Thir- 
teenth Census,  a  gigantic  task,  because  there  will  probably  be  100,000,000  people 
to  be  enumerated,  an  immense  increase  in  all  manufacturing  and  industrial  lines, 
our  insular  iiossessions  also  to  come  in,  with  all  thegreat  work  involved  in  the  prepa- 
ration to  enumerate  those  i)eoples  over  there,  who  speak  a  different  language,  who 
have  different  customs,  with  all  the  other  difficulties  that  cluster  about  that  work 
which  will  suggest  themselves  readily  to  any  Senator  thinking  of  the  subject  for  a 
moment. 

JNIr.  Bacon.  The  distinguished  Senator  will  i)ardon  me  a  moment,  if  1  <lo  not  inter- 
rupt him  unduly? 
Mr.  Quarles.  Certainly. 

Mr.  Bacon.  The  presentation  the  Senator  makes  of  the  necessity  of  a  general 
central  statistical  bureau  is  certainly  a  very  strong  one.  The  suggestion  I  desired  to 
make  was  this— it  is  rather  an  interrogatory — whether  it  would  not  be  better,  if  we 
had  this  great  central  statistical  bureau,  that  we  should  have  one  of  its  representa- 
tives in  each  of  the  departments  for  statistics  relative  to  that  Department  only,  having 
a  direct  responsibility  to  the  general  head,  the  same  as  Ave  now  have  in  the  Dei^art- 
ment  of  Justice — a  representative  in  each  one  of  the  departments,  who  is  none  the 
less,  while  being  in  that  Department,  a  member  of  the  staff  of  the  Dejoartment  of 
Justice. 

Now,  in  order  that  I  may  not  interrupt  the  Senator  again,  I  wish  to  say  in  connec- 
tion with  that  thought  that  it  seems  to  me  this  presentation  in  this  discussion 
demonstrates  the  fact  that  this  bill  is  not  ready  for  the  action  of  the  Senate,  and  if 
this  particular  feature  of  it  has  the  importance  which  the  debate  here  evidently  <lis- 
closes  it  seems  to  me  tluit  instead  of  relegating  it  to  the  future  we  should  deal  with 
it  now.  If  it  is  important  that  we  should  have  this  great  central  statistical  bureau, 
then  the  scheme  should  be  perfected,  in  order  that  the  end  the  Senator  so  forcibly 
set  forth  as  desirable  should  be  accomplished,  not  in  the  remote  but  in  the  immediate 
future. 

Mr.  Quarles.  Mr.  President,  in  answer  to  the  suggestion  of  the  distinguished 
Senator  from  Georgia  [Mr.  Bacon],  1  wisii  to  say  that  the  reason  I  am  opi)()sii]  to 
allowing  statistics  to  be  gathered  piecemeal  by  several  departments  is  that  stati.-^lic;- 


lp:gislative  history  407 

snl)S('rv(>  a  different  jmrpose  to-day  from  what  tlioy  did  a  few  years  ago.  Formerly 
9tHti^^lit•s  were  <ratiiered  to  minister  lo  pridi' or  curiosity,  but  now,  in  the  evolution 
of  time,  tliey  iuivt>  become  a  commercial  and  scientific  ni'cessity.  Statistics  iiave 
become  a  i)art  of  the  scientilic  life  and  existence  of  all  our  industrial  orj^anizations. 

In  ordi'r  to  feather  these  statistics  we  nuist  have  trained  men,  not  so  much  in  the 
•rathering  of  them  as  in  the  combination  of  the  facts  so  that  they  may  lu^  utilized. 
In  other  words,  we  ouy;lit  to  have  one  central  bureau  of  statistics,  presided  over  by 
trained  statisticians,  so  that  we  may  have  a  photoj^raph,  if  you  i)lease  an  instantane- 
ous photograph,  of  the  various  activities  of  this  nation.  You -can  only  secure  that 
by  having  trained  men. 

I  have  taken  occasion,  Mr.  President,  to  ascertain  what  conrsi'  the  nations  of 
Europe  have  bi-en  takinjj;  in  rejjard  to  this  matter  of  statistics,  and  1  tind  that,  in- 
stead of  liaving  the  j^atherini^  of  statistics  scattered  through  various  di'partmi'uts, 
they  almost  nniforndy  have  (»ne  central  bureau,  and  the  average  term  of  employment 
of  the  statisticians  in  those  bureaus  of  Europe  is  al)out  twenty  years,  whereas  in  our 
ci>untry  no  attention  has  hitherto  been  given  to  this  matter,  as  though  it  were  a 
matti'r\f  very  little  importance.  So  I  would  say  to  my  distinguisheil  friend  from 
Georgia  tiie  reason  we  do  not  want  to  li'avc  the  gathering  of  these  statistics  scattered 
in  these  si'veral  departments  is  that  we  want  accurate  statistics.  We  want  them 
s{)ei'dily  gatluTed,  because  stale  statistics  are  worthless,  and  I  conceive  that  we 
would  advance  the  interests  of  the  business  world,  the  industrial  world,  the  scientific 
wi)rld,  if  we  would  keep  the  Census  Jiureau  here  in  this  Department  and  bring  all 
tliese  other  statistical  bureaus  under  the  same  organizing  heail  that  we  propose  to 
l)Ut  in  charge  of  this  new  Department.  Then,  without  friction,  without  jealousy, 
simply  with  a  view  to  the  ascertainment  of  reliable  results,  organize  one  bureau  that 
wdl  ilo  all  the  work  and  give  us  .complete  satisfaction  with  its  results. 

^Ir.  Presidi-nt,  one  word  more.  1  want  to  .say  to  Senators  that  at  a  later  date  it  is 
the  policy  of  your  Census  Committee  to  bring  to  the  attention  of  this  body  another 
measure,  which  I  think  will  be  e.steemed  valuable  by  Senators.  We  think  that  this 
trained  Bureau,  which  we  propose  to  have  if  the  Senate  shall  agree  with  its  com- 
mittee, is  destined  to  do  a  great  work,  and  that  it  will  be  commissioned  not  only  to 
furnish  the  statistics  of  population  that  are  required  by  the  Constitution  and  these 
other  statistics  that  are  grouped  with  them,  but  that  every  year  we  shall  require 
of  that  Bureau  accurate  statistics,  for  instance,  regarding  the  business  of  cotbjn  gin- 
ning, regarding  dairies,  regarding  certain  other  branches  of  industry  which  are 
re(|uired  to  be  represented  in  these  statistics.  We  shall  urge  as  a  reason  for  doing 
tliat,  that  statistics  which  are  gathered  once  in  ten  years  may  not  J)e  reliable,  because 
that  particular  year  may  be  a  year  of  great  prosperity  or  it  may  be  a  year  of  great 
conmiercial  depression.  So  the  business  interests  of  this  country  now  reiinire  that 
they  should  have  annually  accurate  statistics  regarding  these  great  industries.  There 
is  a  growing  demand  for  them,  and  we  have  thought,  Mr.  President,  wlien  the  time 
came,  you  would  agree  with  us  that  that  would  be  a  very  desirable  thing  to  be 
accomplished.  >■ 

I  ho])e,  therefore,  Senators,  you  will  not  strike  the  Census  Office  out  of  this  bill. 
Leave  it  in  the  bill.  Do  not  let  us  go  on  duplicating  statistics  as  we  are  doing  now — 
$l(M),tH)0  a  yt'ar  i>aid  for  partial  statistics  in  the  Agricultural  Dei)artment,  $150,000  a 
year  paid  for  statistics  in  the  Treasury  Department,  and  so  on  ad  infinitum.  You 
have  i)rovided  for  a  duplication  of  the  very  work  that  that  Census  Bureau  is  now 
performing.  'Sir.  President,  1  presume  it  is  not  now  in  order  to  make  the  motion  I 
projiose. 

The  Pkksidknt  pro  tempore.  The  Senator  can  demand  a  separate  vote  on  that 
amendment  in  the  Senate  without  moving  to  reconsider  the  vote  by  which  it  was 
adopted. 

j\lr.  FoHAKER.  Would  there  not  necessarily  be  that  same  duplication  if  you  shoui  I 
leave  tlu^  i«rovision  for  the  Census  Bureau  in  the  bill? 

Mr.  (.^iTAUi.Ks.  In  reply  to  that,  1  will  say  that  my  understanding  of  the  matter  is 
this:  if  the  Census  Ofiice  remains  in  the  new  Department,  and  these  several  statistical 
bureaus  are  also  put  in  the  new  Department,  it  will  then  become  the  duty  of  the 
head  of  that  Department  to  reorganize  the  bureaus  and  avoid  all  this  duplication.  I 
would  have  f)ne  central  bureau  of  statistics. 

Mr.  CofKKEr.L.   How  can  he  do  it  without  a  law  authorizing  him  to  do  it? 

Mr.  Qliahi.ks.  That  is  a  (juestion  1  hesitate  to  answer. 

Mr.  CocKKKi.L.  It  ought  to  be  in  this  bill.  That  is  the  very  thing  we  have  been 
conten<ling  against.  You  h;iv(!  conglomerated  these  things  without  giving  any 
autlKjrity  to  unite  them  and  harmonize  them,  just  as  you  did  when  you  jjrovided  two 
chiefs  of  Idireaus,  one  subordinate  to  the  other.  I  want  to  amend  that.  That  is  a 
defect  in  this  bill. 

INIr.  QUAKLES.    If  that  1k^  true,  I  shall  certainly  urge  ui)ou  my  distinguished  friend 


468  LEGISLATIVE    HISTORY 

from  Minnesota  [Mr.  Nelson]  tliat  he  permit  this  liill  to  be  reviewed.  I  care  nothing 
about  the  method  pursued,  but  it  seems  to  me  very  desirable  that  we  should  deal 
with  this  matter  in  some  proper  way  to  arrive  at  this  result. 

Mr.  Vest.  Mr.  President,  I  do  not  understand  that  any  Senator  is  opposed  to 
proper  legislation  in  tliis  bill  that  will  consolidate  this  matter  of  olitaining  correct- 
statistics.  The  Senator  from  Wisconsin  [Mr.  Quarles]  is  eminently  right  in  what  he 
has  said  as  to  the  necessity  for  changing  the  present  system  in  regard  to  obtaining 
correct  calculations  and  correct  statistics  upon  all  these  different  sul)jects  in  which 
the  people  are  interested.  We  have  here  developed  in  this  discussion  not  the  singular 
fact,  but  the  evident  fact,  that  Congress  at  some  time  vested  the  Statistical  JUireau 
of  the  Treasury  Department  with  general  jurisdiction  over  all  statistics.  That  unques- 
tionably was  done  l)y  authority,  and  if  Senators  will  go  back  to  the  origin  and  the 
establishment  of  that  Bureau  in  the  Treasury  Department  they  will  find  that  that 
general  jurisdiction  was  given  to  it. 

Mr.  Teller.  No;  they  will  not. 

Mr.  Vest.  The  Senator  from  Colorado  says  they  will  not.  I  had  occasion  some 
twelvti  or  iifteen  years  ago  to  examine  that  question,  and  my  recollection  is  that  tliat 
jurisdiction  was  conferred.  If  it  was  not  conferred,  then  that  Bureau  has  been  acting 
without  authority  and  wasting  the  money  of  the  peoj)le  in  publishing  the  Statistical 
Abstract,  which  has  had  authoritative  force  throughout  the  United  States. 

One  other  observation  and  I  am  done.  The  Senator  from  Wisconsin  says  it  will 
take  five  years  to  complete  the  further  work  of  the  Census  Bureau.  My  information 
is  that  three  years  will  be  suflicient,  and  that  the  force  can  be  cut  down  to  some  four 
or  live  hundred.  At  any  rate  I  am  satisfied  from  what  I  have  seen  of  the  operations 
of  the  Census  Bureau  that  the  work  will  be  well  done  and  economically  done,  because 
there  has  never  been  a  Director  of  the  Census  who  has  proved  himself  more  compe- 
tent than  the  present  incumbent. 

Mr.  Allison.  The  Senator  from  W^isconsin  [Mr.  Quarles],  who  is  very  accurate  in 
his  statements,  has  unfolded  to  me  in  more  detail  than  I  was  acquainted  with  l)efore 
the  objects  of  this  Ijill.  If  one  of  the  objects  of  this  bill  is,  as  now  appears,  to  con- 
centrate in  a  single  Department  the  statistics  of  the  industries  and  occupations  of  the 
people  of  our  own  country,  and  also  to  gather  within  its  folds  statistics  of  the  com- 
merce and  industries  of  all  other  countries,  then  I  submit  to  my  friend  that  this  bill 
as  now  drawn  is  imperfect. 

Mr.  Teller.  Certainly. 

Mr.  CocKRELL.  There  is  no  question  about  that. 

Mr.  Allison.  I  quite  agree  with  the  Senator  from  Colorado  [Mr.  Teller]  and  the 
Senator  from  Wisconsin  [Mr.  Quarles]  that  it  would  be  desirable  to  have,  so  far  as 
possible,  all  statistical  information  concentrated  in  a  single  othce;  but  I  submit  that 
this  bill  falls  far  short  of  that  consummation.  I  also  think  that  it  will  require  great 
care  and  be  difficult  to  so  unite  this  statistical  information  as  to  enable  a  single 
Department  to  gather  it. 

We  have  now  disclosed  in  this  debate  the  fact  that  it  will  be  the  duty  of  the  Director 
of  the  Census  to  gather  statistical  information  of  the  mining  industries  of  our  country. 
That  work  is  in  j)rocess  now,  or  will  be  in  a  short  time. 

We  have  had  for  twenty  years — the  Senator  from  Missouri  in  front  of  me  [Mr. 
Cockrell]  will  have  more  accurate  information  as  to  the  exact  number  of  years — but 
we  have  had  in  the  Cieological  Survey  a  requirement  for  many  years 

Mr.  Cockrell.  About  twenty  years. 

Mr.  Allison.  About  twenty  j'ears — that  there  shoul<I  be  an  annual  publication  of 
the  mineral  resources  of  the  United  States,  and  that  })ublication  has  apjieared 
annually.  I  have  not  had  the  opportunity  of  knowing  whether  that  volume  is  now 
published,  l)ut  I  think  it  has  been  published. 

Mr.  Cockrell.  The  volume  for  1900  has  just  been  issued. 

Mr.  Gallinger.  The  report  for  1900  is  just  out.  — 

Mr.  Cockrell.  It  is  just  out.     I  got  it  yesterday. 

Mr.  Allison.  I  have  been  absent  on  a  little  vacation  and  have  not  had  an  oppor- 
tunity of  looking  into  it,  but  I  undertake  to  say  that  the  statistics  of  the  mineral 
resources  of  the  ITnited  States  and  of  the  productions  of  the  mines  of  the  United  States 
are  reasonably  accurate.  It  is  not  possible,  I  will  say,  that  we  shall  l)e  able  to  secure 
absolutely  accurate  statistical  information  on  all  these  subjects.  It  is  not  jwssible  for 
us,  in  collating  statistii-s  of  the  industries  and  occupations  of  our  i>eople,  to  make  them 
al)solutely  accurate.  How  are  we  going  to  ascertain  exactly  the  number  of  tons  of 
coal  produced  from  all  of  the  mines  of  the  ITnited  States  by  a  special  bureau  appointed 
for  that  purpose?  There  must  be  a  corps  of  jieople  who  are  not  under  oath,  who  are 
not  officials  of  the  Government,  who  nuist  be  relied  upon  to  furnish  the  statistics 
respecting  the  coal  production  of  the  United  States,  and  most  of  that  must  be  volun- 


LEGISLATIVE    HISTORY  469 

tarv.  Thdse  statistics  will  be  sufficiently  accurate  to  compare  our  coal  inodurtion 
with  tlu'  ])roilnction  of  the  other  countries  of  the  world. 

llow  are  we  .i^(>in<i  to  asctTtaiu  the  mini  her  of  l)ushels  of  oats  or  of  wheat  or  of  corn 
ln-otUu-eil  ill  all  the  States  of  this  I'nion?  That  can  onl\- be  done,  I  submit  to  the 
Seiiati',  by  wliat  niijrht  he  called  ex|)eit  estimates.  We  are  tryinj;  in  the  State  of 
Iowa,  in  which  1  live,  to  ascertain  the  iuind)erof  Imshelsof  corn  raise<l  in  that  State 
durin.i,'  the  last  year.  We  liave  a  State  statistician,  whose  duty  it  is  to  ascertain 
that,  and  who  does  ascertain  it  in  the  the  best  ol)tainable  wav  and  at  the  least  cost, 
but  whether  the  jiroduction  of  corn  in  my  State  is  250,000,000  bushels  or  251,000,000 
l)ushelsor  250,000,005  bushels  can  not  be  ascertained  by  any  system  of  statistics  that 
may  lie  ]iresciited  here  or  elsewlu-re. 

Take  the  ,<fold  siii)j)ly.  The  Senator  from  Colora<lo  [Mr.  Teller]  mentioned  a 
nioiiu'iit  ap)  that  he  was  led  into  a  mistake  by  lookinji;  at  the  Statistical  Abstract 
and  tindiiii^  that  it  did  not  exactly  a.iiree  with  the  report  of  the  Director  of  the  Mint. 
While  those  who  compile  the  Statistical  Abstract  in  the  Treasury  Department  avail 
themselves  of  every  opportunity,  as  respects  the  foreign  an<l  domestic  commerce  and 
the  productions  of  our  country  and  of  other  countries,  they  must,  in  the  very  nature 
of  thinirs,  avail  themselves  of  the  statistical  information  acquired  from  other  Depart- 
ments and  other  l>ureaus.  So  tliat  whoever  comjiiles  that  Statistical  Al)stiact  in  the 
Treasury  Deiiartmeiit  nndoubteclly  avails  himself  of  the  information  furnislie(l  l)y 
the  Director  of  the  Mint,  who  himself  is  <,ratlierinti  statistics  regarding  certain  things 
which  can  be  easily  and  more  accurately  ascertained  l)y  the  Director  of  the  Mint 
than  by,  ))robably,  any  other  officer  of  the  (iovernment. 

Mr.  ('ocKRELL.  lie  is  confined  to  gold  and  silver  principally. 

Mr.  Allison.  His  report  is  confined  absolutely  to  gold  an<l  silver;  but  our  Director 
of  the  Mint  is  in  correspondence  with  the  directors  of  all  the  mints  in  the  world;  he 
is  in  close  correspondence  from  time  to  time  with  the  exjierts  in  all  countries  who 
have  information  respecting  tlu'  annual  production  of  gold  and  silver.  It  is  not 
necessary  for  this  new  statistician  of  this  new  bm'eau  to  undertake  by  original 
processes  to  ascertain  these  facts. 

So  with  the  Secretary  of  Agriculture.  I  do  not  know  that  the  statistical  division 
of  the  Agricultural  Dei)artment  gathers  all  its  own  statistics,  but  I  do  know  that  its 
statistics  are  as  reasonably  accurate  as  they  (^an  be  made;  and  there  is  no  bureau  or 
dei>artment  of  the  Government  which  can  so  well  and  so  accurately  ascertain  the 
statistics  necessary  to  be  inserted  in  the  general  volume  of  our  productions  as  the 
Department  of  Agriculture. 

So  it  is  that  the  Statistical  Bureau  of  the  Treasurj^  Department  now,  instead  of 
making  original  researches  on  this  subject,  goes  to  the  Agricultural  Department,  and 
embodies  in  the  Annual  Abstract  the  things  which  the  Secretary  of  Agriculture  has 
been  able  to  ascertain.  Therefore,  if  I  want  to  know  the  numljer  of  bushels  of  corn 
or  wheat  or  oats  produced  I  would  go  to  that  Statistical  Abstract  and  as(>ertain  it. 
As  now  ])ublished,  it  may  not  l)e  exactly  accurate  or  within  a  million  or  two  millions 
of  bushels  of  the  total  amount  jiniduced,  but  I  can  ascertain  what  it  is  in  the  aggre- 
gate sufficient  for  any  commercial  purpose  or  any  industrial  purpose. 

Then,  take  another  class  of  information  to  be  sought  here  and  that  is  brought 
•within  the  ])urvie\v  of  this  ])ill — that  is,  statistics  of  transportation.  These  are  all 
at  han<l  and  can  lie  obtained  with  reasonable  accuracy.  We  have  now,  in  our  Inter- 
state Commerce  Connnission,  a  special  statistician  whose  duty  it  is  to  report  annually 
to  ("ongress  the  statistics  respecting  the  transportation  interests  of  our  country  by 
rail,  and  these  statistics  are  printed.  The  general  statistician,  as  contemi»lated  by 
tlie  Senator  from  Wisconsin  [Mr.  Ciuarles]  and  provided  for  in  this  bill,  1  now  for 
the  first  time  understand  will,  of  course,  seek  these  resources  in  order  to  ascertain 
these  facts.  They  are  well  known;  they  are  ascertained  without  great  cost  to  the 
Government,  and  they  are  accurate  ])ecause  they  are  transcripts  of  the  statements 
made  by  the  great  railways  that  transport  our  products  by  rail.  So  it  is  with  our 
statistics  as  respects  our  commerce  by  sea  and  the  interior  rivers  and  waterways  of 
our  country. 

Mr.  President,  I  thoroughly  agree  with  the  general  suggestion  that  there  ought  to  be, 
somewhere,  a  place  where  these  statistics  can  be  collated,  compiled,  and  published  in  a 
single  volume.  I  sni)pose<l  that  was  already  done  by  the  Bureau  of  Statistics  in  the 
Treasury  Department,  which  is  jiroposed  l)y  this  bill  to  be  transferred.  That  Annual 
Abstract  is  not  only  an  abstract  of  the  receijits  of  customs,  of  the  amount  of  im])orts, 
and  so  on,  but  it  embraces  the  entire  range  of  our  products  and  jiricesof  commodities. 

The  lionoral)le  Senator  from  Wisconsin,  the  chairman  of  the  Census  Committee, 
projioses  to  transnnite  the  law  that  we  i>assed  in  ISO!)  into  a  law  permanently  estab- 
lishing the  Cen.sus  Bureau,  which  otherwise  would  go  out  of  existence  by  force  of  the 
law  creating  it  when  its  Avork,  Avhich  is  now  in  hand,  is  concluded. 


470  LEGISLATIVE    HISTOEY 

The  Senator  from  Wisconsin,  in  his  most  excellent  speech,  has  only  confirmed  me 
in  the  suggestion  I  made.  He  is  proposing  here  to  bring  forward  an  elaborate  scheme, 
which,  if  I  understand  it,  I  shall  give  my  support  to — a  scheme  to  make  the  Census 
Bureau  a  permanent  one,  and  a  single  line,  when  that  comes  here,  ^vill  ]nit  it  into 
this  new  law.  If  it  is  wise  to  ])ut  it  there,  and  if  we  can  so  arrange  this  bill  as  here- 
after to  provide  for  all  this  statistical  information  to  he  embodied  in  this  new  Depart- 
ment of  Commerce  rather  than  in  the  Department  of  the  Secretary  of  the  Treasury, 
I  shall  not  object;  but  I  myself  do  not  like  to  see  a  suggestion  that  here  it  is  proposed 
to  consolidate  bureaus  when  in  fact  there  is  no  consolidation.  I  look  at  the  various 
bureaus  that  would  l)e  turned  over  to  this  new  Department,  and  I  find  that  the 
Geological  Survey  is  to  l)e  continued  under  the  direction  of  the  Secretary  of  the  Interior. 
It  is  just  as  germane  to  the  operation  of  that  Department  as  to  any  other.  So  I  find 
other  things  in  the  l)ill  in  the  same  direction. 

Now  it  is  proposed  that  this  new  Department  shall  deal  with  the  foreign  commerce 
of  our  country,  and  shall  also,  from  year  to  year,  collect  statistics  of  the  industries  of 
our  country;  and  not  only  so,  but  that  it  shall  i)romote  our  industries,  so  that  it  is  to 
be  given  enlarged  powers.  I  do  not  object  to  that,  although  1  think  our  industries 
have  been  fairly  well  promoted  during  the  last  few  years  by  ])rivate  enterj)rise  and 
the  exercise  of  judgment  as  respt'cts  these  industries  by  private  citizens. 

Mr.  President,  I  should  not  have  ma<le  these  observations  but  for  the  fact  that  I 
understand  the  Senator  from  Wisconsin  intends  to  endeavor  to  reinsert  these  pro- 
visions. If  the  Census  Bureau  is  to  be  provided  for  by  a  provision  in  this  bill,  it 
should  be  inserted  with  a  great  many  amendments;  and  I  am  not  sure  that  I  am  in 
favor  of  the  suggestion  made  by  the  Senator  that  this  Bureau  sliall  take  into  its  hands 
the  statistics  relating  to  the  mining  industries  of  our  country  and  that  the  Geological 
Survey  shall  be  denuded  of  its  force,  although  it  has  a  force  now,  and  a  trained  force, 
that  has  been  there  for  more  than  twenty  years.  It  has  at  its  head  one  of  the  most 
acconi]>lishe(l  men  in  our  country  as  to  mining  statistics. 

Mr.  CocKRELL.     Dr.  Day? 

Mr.  Allison.  Dr.  Day.  I  do  not  know  but  that  if  the  Director  of  the  Census  has 
the  acumen  I  think  he  has,  he  has  already  availed  himself  of  Dr.  Day's  skill  and 
force  and  energy  on  the  subject  of  mining  statistics,  because  he  has  them  all  at  hand 
and  has  been  engaged  for  twenty  years  in  pul)lishing  them  in  a  valuable  annual 
volume. 

Mr.  (iuARLEs.  That  is  entirely  true,  as  I  understand. 

Mr.  Allison.  It  seems  to  me  that  the  suggestion  made  first  by  the  Senator  from 
Colorado  needs  careful  consideration,  and  perhaps  the  liill  neeils  some  further  amend- 
ment. I  should  like  of  course,  for  one,  to  see  some  modification  in  this  particular 
amendment  as  respects  our  consular  service. 

It  does  seem  to  me  that  the  only  way  whereby  the  statistics  of  foreign  trade,  prices, 
etc.,  can  be  ascertained  economically  is  through  our  consuls  and  our  consuls-general. 
They  are  under  the  State  Department.  It  is  true  there  is  a  sort  of  halfway  transfer 
of  the  jurisdiction  of  the  State  Department  over  these  consuls,  but  it  seems  to  me,  in 
view  of  the  work  they  have  done  in  the  past  few  years,  that  it  would  l)e  wiser  for 
this  new  Department  to  avail  itself  of  the  work  that  the  Secretary  of  State  is  doing 
in  this  direction,  and  then  compile  in  its  annual  volume  whatever  information  is 
procured. 

Mr.  Gallinger.  If  the  Senator  from  Iowa  will  permit  me,  is  not  tliat  precisely 
what  is  provided  for  in  section  5? 

Mr.  Allison.  It  may  be. 

Mr.  GALLiNCiER.  It  is  there  provided  that — 

All  consular  oflicors  of  the  United  States,  including  consuls-general,  con.suls,  and  commercial 
agents,  are  liercliy  reimired,  and  it  is  made  a  part  of  tlieir  duty,  under  the  direction  of  the  Secretary 
of  State,  to  Kathci-  and  compile,  from  time  to  time,  npon  the  request  of  the  Secretary  of  (idinmerce, 
useful  and  material  information  and  statistics  in  respect  to  the  commerce,  industries,  and  markets  of 
the  countries  and  places  to  which  such  consular  officers  are  accredited,  etc. 

It  seems  to  me  this  bill  takes  care  of  that  verj^  clearly  and  very  fully. 

Mr.  Allison.  It  may. 

Mr.  Lodge.  That  portion  of  the  bill,  I  will  say  to  the  Senator  from  Iowa,  was  very 
carefully  considered  and  amended  the  other  day. 

Mr.  Allison.  Very  well.  I  merely  call  attention  to  it,  not  that  I  wish  to  interfere 
with  it. 

Mr.  President,  I  have  entered  this  discussion  with  hesitation,  because  I  have  been 
absent  for  some  weeks  and  I  have  not  had  an  ojiportunity  of  giving  such  attention 
to  the  l)ill  as  perhaps  I  should  have  given  it.  I  am  in  favor  of  the  establishment  of 
the  new  Department  of  Connaerce,  and  I  am  in  fav  ir  of  giving  it  whatever  jurisdic- 
tion such  a  department  sliould  have,  but  I  do  not  think  it  is  wise  at  this  time,  by  a 
single  statute,  to  undertake  to  change  great  bureaus  of  our  Government  from  one 


I 


LEOISLATIVK   HISTORY  471 

head  to  aiK^tluM-  :inil    witli    that    cluiii'ii'  Id  cliaiim'  so  inaiiy  (tfiiccrH    witliout    <lue 
cuiisidcratiiiii. 

I  licard  with  iiilcivsl  tlic  sUL'iicstioiis  of  Ihc  Senator  iVom  Minnesota  to-day  a.s 
resiH'ets  these  varions  hureaus.  I  tiiiidc  some  of  tiieni  have  no  more  relation  to  tiiis 
new  Department  than  thi'v  liave  to  tlie  departnu'nts  with  wiiieh  they  arc-  now  allied. 
JMr.  AVrij,'iit,  wiio  is  now  tiu>  head  of  the  Department  of  Labor,  lias  nothin<,',  it  seems 
to  nie,  that  shonld  lu^  sn])er\ised  at  all  ))y  thc^  iieail  of  a  department.  I  think  he  is 
doinj;  most  exeellent.  work,  it  is  scientiiic  work;  it  is  educational  work;  it  liaa  no 
special  relation  to  the  new  Department  or  to  any  existinj?  dei)artment.  So  with  the 
Fish  Conunission.  It  is  a  scientiiic  ))nrean.  It  is  not  now  u'nder  any  department, 
so  far  a.s  I  know.     The  head  of  that  Comini.ssion,  T  believe,  is(hiin^  very  jfood  work. 

However,  I  do  not  care  to  discuss  this  matter  further  to-nij^dit,  but  I  wish  to  say 
that  if  it  is  the  object  and  ]iur|)ose  of  the  promoters  of  this  I)ill,  and  especiallv  the 
ol)jectand  purpose  of  the  honoralde  Senator  from  Wisconsin,  who  is  chairman  of  the 
Cen.sus  Conunittee,  to  endeavor  to  leather  in  under  the  direction  of  the  census  all 
these  various  statistical  matters,  I  lielieve  tlie  whole  (luestion  should  b(>  rele)j;ateil  to 
his  l)iU  when  it  comes  in,  and  if  he  furnishes  a  comprehensive  method  whereby  it 
can  l)e  done  I  shall  favor  it. 

Mr.  Teller  ol)tained  the  lloor. 

IVIr.  Hoar.  I  wish  to  ask  a  question,  if  I  may,  l)efore  the  Senator  from  Colorado 
proceeds;  but  I  will  wait  if  he  would  rather  jiroceed.     I  simply  desire  to  ask 

l\Ii'.  Tm.Mi:!!.  J  was  ifoinu;  to  su<.r.<rest  that  tlie  l)ill  would  re(|uire  more  discussion, 
and  I  liave  been  told  that  there  is  a  desire  to  have  an  executive  session. 

Mr.  G.vLLiNGKR.  I  wish  to  say  that  the  debate  to-day,  1  think,  with  the  exception 
of  the  remarks  of  the  Senator  in  cliarge  of  the  Ijill,  has  been  entirely  in  the  liands  of 
Senators  who  are  not  on  the  Conunittee  on  Commerce.  I  think  the  bill  for  that 
reason  ought  to  go  over,  and  I  should  myself  like  a  few  minutes  at  some  time,  being 
a  memlier  of  the  Committee  on  Commerce,  to  make  some  ol)servations.  I  am  going 
to  try  to  persuade  the  distinguished  Senator  from  Missouri,  who  usually  is  I'ight,  that 
the  amendment  he  pi'oposes  is  not  necessary. 

Tlu'  consolidation  of  these  statistical  bureaus  is  made  absolutely  as  clear  in  the  bill 
as  it  now  stamls  as  it  will  be  if  the  amendment  is  adopted.  However,  that  is  a  mat- 
ter of  not  very  much  consequence.     I  think  the  bill  will  have  to  go  over. 

Mr.  Hoar.  Mr.  President 

]Mr.  Teller.  I  yield  to  the  Senator  from  Massachusetts,  if  I  have  the  floor. 

Mr.  Hoar.  I  do  not  wish  to  take  the  floor  from  the  Senator. 

Mr.  (tallinger.  I  supposed  the  Senator  from  Colorado  had  concluded  his  remarks. 

Mr.  Teller.  No. 

]Mr.  Hoar.  I  merely  wished  to  ask  a  question  which  I  dare  say  may  have  been 
answered  during  the  debate,  as  I  have  been  obliged  to  be  absent  from  the  Senate 
Chamber  nearly  all  the  time. 

What  building  or  what  quarters  will  be  the  home  of  this  Department?  I  suppose 
some  time  or  other,  of  course,  there  will  be  a  new  building.  I  should  like  to  inquire, 
because  we  can  not  tell  what  may  get  through  the  two  Houses  hereafter,  whether  the 
bill  should  not  contain  some  prt)vision,  which  it  does  not  now  contain,  as  to  the  right 
of  tlie  i)roposed  new  Department  to  use  rooms  until  the  new  building  is  completed? 
Perhai)S  that  question  has  already  been  answered  in  debate. 

Mr.  (Jallixger.     It  has  not  been  raised. 

Mr.  Hoar.  I  should  like  to  ask  what  is  the  plan  about  that.  We  have  certain 
buildings  which  l)y  law  are  appropriated  to  certain  departments  of  the  Government. 
Now,  we  create  a  Secretary,  an  Assistant  Secretary,  and  some  other  officials,  I  believe, 
and  then  we  say  that  hereafter  certain  enumerated  Bureaus  and  officials  shall  belong 
to  the  Department  of  Commerce.  Do  they  retain  by  any  law  their  right  to  remain 
in  the  Treasury  building,  for  instance,  or  in  the  Interior  DejKirtment  Iniilding? 
Should  not  the  bill  have  some  provision  for  that?  That  is  the  point  to  which  I  wish 
to  call  attention.     I  do  not  wish  to  interfere  at  all  with  my  friend's  bill. 


The  discussion  in  the  Senate  was  resumed  on  January  22,  1902, 

The  I'hksident  pro  tempore.  The  morning  liusiness  is  closed  and  the  Calendar 
under  Rule  VIII  is  in  order. 

Mr.  Nelson.  I  ask  unanimous  consent  that  the  senate  shall  proceed  to  the  consid- 
eration of  the  l)iil  (S.  569)  to  establish  the  Dejiartment  of  Commerce. 

Tliere  being  no  objection,  the  Senate,  as  in  Committee  of  the  Whole,  resumed  the 
consideration  of  the  bill. 


472  LEGISLATIVE    HISTORY 

Mr.  Spooner.  I  slionld  like  to  ask  the  Senator  from  Minnesota  if  the  bill  has  been 
reprinted  as  amended  by  the  Senate?     I  thought  the  Senate  ordered  a  reprint. 

The  Pkesident  pro  tempore.  It  was  not  ordered,  the  Chair  is  informed. 

Mr.  Nelson.  There  has  been  one  reprint  of  the  l)ill.  The  amendments  that  were 
made  the  last  time  it  was  under  consideration  were  very  slight.  1  can  explain  them 
to  the  Senator. 

Mr.  QiT.\RLES.  1  desire  to  offer  an  amendment  to  the  bill  which  has  grown  out  of 
the  discussion  we  had  the  other  day.     I  ask  the  Secretary  to  read  it. 

The  President  pro  tempore.  One  moment,  before  that  is  done.  This  bill  having 
been  taken  from  the  Calendar  under  Rule  VIII  by  unanimous  consent,  it  is  sul)iect 
to  the  rule  limiting  debate.  Day  before  yesterday  morning  the  debate  went  on  with- 
out limit  by  general  consent.  The  question  is  whether  the  Senate  desires  the  Chair 
to  enforce  the  five-minute  rule.  If  not,  consent  should  ])e  asked  that  the  rule  be 
wai\'ed. 

Mr.  Nelson.  I  ask  unanimous  consent  that  the  rule  be  waived  and  that  there  be 
no  limit  to  debate. 

Mr.  Hoar.  If  we  can  debate  the  bill  under  the  five-minute  rule,  it  would  hasten 
the  Senator's  purpose  very  much  to  do  so. 

Mr.  Nelson.  I  do  not  feel  like  cutting  off  gentlemen  who  desire  to  debate  the  bill, 
and  therefore  I  ask  that  it  be  considered  without  reference  to  the  rule. 

Mr.  Hoar.  But  if  no  one  should  desire  to  speak  more  than  five  minutes  it  would 
not  be  necessary  to  waive  the  rule. 

The  President  pro  tempore.  The  Senator  from  Minnesota  asks  unanimous  consent 
that  the  limitation  of  five  minutes  be  waived  in  the  discussion  of  the  bill.  Is  there 
objection?    The  Chair  hears  none,  and  it  is  so  ordered. 

The  Senator  from  Missouri  [Mr.  Cockrell]  has  offered  an  amendment,  which  is 
the  pending  amendment,  and  which  will  be  read.  The  Chair  calls  the  attention  of 
the  Senator  from  Wisconsin  [Mr.  Quarles]  to  it. 

The  Secretary.  After  the  word  "connnerce,"  in  line  4,  page  4,  section  4,  strike 
out  the  words  "and  the  chief  of  said  Bureau  of  Foreign  Commerce  shall  be  the  assistant 
chief  of  the  said  Bureau  of  Statistics,"  and  insert: 

And  the  two  shall  constitute  one  Bureau,  to  be  called  the  Bureau  of  Statistics,  with  a  chief  of  the 
Bureau  and  one  assistant. 

The  President  pro  tempore.  The  Senator  from  Wisconsin  [Mr.  Quarles]  offers  an 
amendment  as  a  substitute  for  this  amendment? 

Mr.  Quarles.  Yes,  sir. 

The  President  pro  tempore.  It  will  be  read  to  the  Senate. 

The  Secretary.  In  line  6,  page  4,  of  the  printed  bill,  strike  out  all  after  the 
words  " Statistics  and "  down  to  and  including  the  words  "United  States,"  in  line 
12,  and  insert  in  lieu  thereof  the  following: 

That  the  Secretary  of  Commerce  shall  have  complete  control  of  the  work  of  gathering  and  distrib- 
uting statistical  information  naturally  relating  to  the  subjects  Cdiilided  to  his  Department;  and  to 
this  end  said  Secretary  sliall  have  jiowcr  to  employ  any  or  either  of  the  said  bureaus  and  to  rearrange 
such  statistical  work  and  to  distrilnitc  or  consolidaie  the  same,  its  may  be  deemed  desiral)le  in  the 
public  intert'St;  and  said  Secretary  shall  also  have  autliority  to  call  nfion  other  bureaus  or  depart- 
ments of  the  (;overnment  for  st.-itistical  data  and  res\dts  obtained  by  theiu,  and  it  is  hereby  made 
the  duty  of  such  Ijureaus  or  departments  to  furnish  such  information  when  so  reiiuested,  and  said 
Secretary  of  Commerce  may  collate,  arrange,  and  publish  such  statistical  information  so  obtained  in 
such  manner  as  to  him  may  seem  wise. 

The  President  pro  tempore.  Will  the  Senator  from  Wisconsin  pardon  the  Chair 
for  calling  his  attention  to  the  fact  that  the  Senator  from  Missouri,  who  offered  the 
amendment  to  which  this  is  a  substitute,  is  attending  a  meeting  of  the  Regents  of 
the  Smithsonian  Institution  and  will  shortly  be  here?  The  Chair  suggests  that  the 
Senator  from  Wisconsin  withhold  his  amendment  until  the  Senator  from  Missouri 
arrives. 

Mr.  Quarles.  I  comply  with  great  pleasure  with  the  suggestion  oi  the  Chair. 
However,  I  should  like  to  have  as  prompt  consideration  of  the  amendment  as 
})ossible. 

The  President  pro  tempore.  Are  there  further  amendments  to  be  offered  to  the 
bill? 

Mr.  Teller.  Mr.  President,  it  is  quite  impossible  for  us  in  this  vicinity  to  know 
what  is  going  on.  If  the  purpose  is  to  consolidate  these  two  bureaus,  it  may  be  done 
by  the  amendment,  which  I  suppose  has  been  adopted;  Init  there  is  not  any<jne 
around  in  this  section  of  the  Senate,  I  think,  who  can  form  any  opinion  as  to  what 
that  amendment  is. 

The  President  pro  tempore.  An  amendment  has  just  been  offered  by  the  Senator 


LEGISLATIVE    HISTORY  473 

from  Wisconsin  [Mr.  QuArles].  The  Chair  took  the  liberty  of  sn<:<jestin;jr  in  him,  as 
it  \v;is  a  siihstitutc  for  one  offered  l(y  tiio  Senator  from  INIissonri  [Mr.  Cockreli J,  liiat 
the  Senator  from  Missonri  is  alisent  as  a  Recent  of  liie  Smithsonian,  and  will  sliortly 
be  here,anil  the  Ciiair  su.Uijri'sted  tliat  lie  allow  lioth  amendments  to  lie  over  imtil  the 
Senator  from  Missouri  eonu'sin.     So  nothino;  has  l)een  (h:)ne  with  either  amendment. 

Mr.  Tki.i.kk.  I  am  very  jjlad  to  know  that  that  is  the  case,  althou<xh  I  think  it  is  a 
little  hard  on  tlu^  I'residinj;  (Xlieer  tliat  lie  shall  have  to  inform  us  on  this  yide  of  the 
Chamher  what  is  uoinij;  on  upon  the  other  side. 

Mr.  iSioi.soN.  Mr.  I'rt'sident,  1  tliink  tliere  is  amisapiMX'hension.  The  amendment 
of  the  Senator  from  Wisconsin  [Mr.  (^uarii's]  eomes  in  at  the  end  of  tlu^  amendment 
projiosed  hy  the  Senator  from  Missouri  [Mr.  ('oekrell],  and  does  not  conflirt  with 
it.  The  Senator  from  Missouri  proposes  to  strike  out,  commeneinji  in  line  ],  the  fol- 
lowing words: 

And  thechicf  of  said  Bureau  oS  ForoiKii  ('iiranuTcosliall  lio  the  a.s.sistant  cliief  of  tlie  said  Hurcaii  of 
Stati.stics. 

And  then  to  insert  in  plaeeof  that  the  lanjiuage  which  I  ask  the  Secretary  to  read: 
The  i^ecretarj'  read  as  follows: 

And  tlie  two  shall  ponstitute  one  Imrean,  to  be  called  the  Bureau  of  Stati.'fties,  with  a  chier  of  the 
Bureau  and  one  assistant. 

Mr.  Nelson.  That  is  all.  Now,  the  amendment  offered  l>y  the  Senator  from  Wis- 
consin comes  in  subsequent  to  that,  commencing  with  theword  "and"  in  line  (J,  and 
is  suiiiilemental  to  it.  I  think  there  is  no  conflict  between  the  two,  and  that  the 
amendment  of  the  Senator  from  ]\Iissouri  could  well  be  adopted,  leaving  the  amend- 
ment of  the  Senator  from  Wisconsin  to  be  acted  upon. 

The  object  of  the  amendment  of  the  Senator  from  Missouri  is  to  make  it  perfectly 
clear  that  the  two  bureau.s — the  one  on  Foreign  Commerce,  brought  from  tlie  State 
Deitartment,  and  the  Bureau  of  Statistics,  from  the  Treasury  Department — shtill  be 
consolidated  into  one.  A  question  was  raised  the  other  day  by  the  Senator  from 
Missouri  and  the  Senator  from  Colorado  [Mr.  Teller]  as  to  that  iioint,  doubting 
whether  there  was  a  consolidation.  The  amendment  of  the  Senator  from  Missouri 
is  to  clear  up  that  question,  and  does  not  relate  to  the  subsequent  amendment  of  the 
Senator  from  Wisconsin. 

I  am  quite  content  that  the  amendment  of  the  Senator  from  Missouri  should  be 
adojjted,  liecause  it  is  in  line  with  what  was  intended  in  the  bill  originally — to  con- 
solidate the  two  bureaus. 

The  President  pro  tempore.  Will  the  Senate  agree  to  the  amendment  offered  by 
the  Senator  from  Missouri? 

The  amendment  was  agreed  to. 

The  President  pro  tempore.  The  Senator  from  Wisconsin  [Mr.  Quarles]  offers 
an  ameiulment,  which  will  be  read. 

The  SECKE'rAKY.  Insert  after  the  amendment  just  adopted  the  following: 

That  the  Secretary  of  Commerce  shall  have  complete  control  of  the  work  of  gathering?  and  distrih- 
utinj?  statistical  information  naturally  relatinf?  to  the  subjects  confided  to  his  Department;  and  to 
this  end  said  Secretary  shall  have  i>o\ver  to  employ  any  or  either  of  the  said  bureaus  and  to  rearrange 
such  statistical  work  imd  to  distriliute  or  consolidate  the  same,  as  maybe  deemed  desirable  in  tlie 
public  interest;  and  .said  Secretary  sliall  also  have  aiitliority  to  call  upon  other  bureaus  or  depart- 
ments of  the  (iovernment  for  statistical  liata  and  results  obtained  by  them,  and  it  is  hereby  made  the 
duty  of  such  bureaus  or  departmeiils  to  furnish  siicli  information  when  so  requested,  and  .said  Secre- 
tary of  Commerce  may  collate,  arrange,  and  ])ublish  such  statistical  information  so  obtained  in  such 
manner  as  to  him  may  seem  wise. 

The  President  pro  tempore.  Will  the  Senate  agree  to  the  amendment  of  the  Sen- 
ator from  Wisconsin? 

INIr.  Pettus.  It  seems  that  those  two  amendments  are  somewhat  inconsistent. 
One  makes  the  consolidation  itself,  and  the  other  authorizes  the  Secretary  of  Com- 
merce to  make  it  as  he  may  think  l)est. 

Mr.  (iiAKLEs.  It  seems  to  me  that  my  amendment  does  impinge  upon  the  other, 
at  least  slightly.  The  contemplation  of  the  Senator  from  INIissouri  evidently  was,  in 
the  latter  clau.se  of  his  amendment,  to  create  a  bureau  to  be  known  as  the  "  P>ureau 
of  Statistics."  To  that  extent  it  would  interfere  with  the  more  ela.«tic  scheme  cov- 
ered by  my  amendment,  which  leaves  it  discretionary  with  the  new  Secretary  to  use 
these  bureaus  or  to  combine  ov  consolidate  them  as  he  may  deem  wise.  I  think  in 
that  respect  the  Senator  from  Alabama  is  right,  perhaps. 

^Ir.  Si'ooNER.  I  ask  that  the  section  may  be  read  as  amended  by  the  amendment 
of  the  Senator  from  Missouri. 

The  I'resident  pro  tempore.  The  Secretary  will  read  that  part  of  the  section  as 
already  amended,  and  will  then  read  it  as  it  would  stand  if  amended  as  j.roposed  by 
the  Senator  from  Wisconsin. 


474  LEGISLATIVE    HISTORY 

The  Srcretary.  Beginning  in  line  23,  on  page  3,  as  amended,  section  4  reads  as 
follows: 

Tliat  the  Bureau  of  Foreign  Commerce,  now  in  the  Department  of  State,  be,  and  1lic  siiiiu'  licrciiy 
is,  transferred  to  llie  Department  of  Commerce  and  consolidated  witli  and  made  a  ]iart  of  llie  Biucmii 
of  Statistics,  hercinlirforc  transferreil  fmrn  tlie  DcpMrtmciit  of  the  Treasury  to  the  J)epartnieiit  of 
Commerce,  anci  the  two  shall  const!  tutr  one  hureiiu,  to  he  c;i  lied  the  Bureau  of  Statistics,  with  a  cliief 
of  the  Bureau  and  one  assistant. 

The  Presidknt  pro  tempore.  The  amendment  proposed  by  tiie  Senator  from  Wis- 
consin [Mr.  (^narles]  will  be  read. 
The  Secretary  read  as  follows: 

That  tlie  Secretary  of  Commerce  sliall  have  complete  control  of  the  work  of  gatherina:  and  distribut- 
ing statistical  information  naturally  relating  to  the  subjects  coiitide(l  to  his  Dejiartinciit;  and  lolhis 
end  said  Secrc'tary  shall  have  [xiwer  to  eni]il(iy  any  or  (■itlu'ri)f  the  sai<l  liureaus  and  to  I'carrange 
such  statistical  work  and  to  distribiUc  or  consolidate  the  same  as  may  lie  ilceined  dc>sir,ablc  in  tlie 
public  interest;  and  said  Sc<'rctary  sliall  also  lia\e  aulhorily  to  call  upon  other  bureaus  or  dcpartnienls 
of  the  Uovcriiiiu'iit  for  statistical  data  and  results  obtaineil  by  them,  and  it  is  hereby  made  the  duty 
of  such  bureaus  or  departments  to  furnish  sucli  information  when  so  requested,  and  said  Secretary  of 
Commerce  may  collate,  arrange,  and  publish  such  statistical  information  so  oljtained  in  sucli  manner 
as  to  liim  may  .seem  wise. 

The  Prksidknt  jiro  temi^ore.  Will  the  Senate  agree  to  the  amendment  offered  by 
Senator  from  Wisconsin? 

Mr.  IIo.Mi.  I  should  like  to  inquire  of  that  Senator  whether  it  is  in  accordance  with 
onr  legishitive  policy  and  habits  to  order  om^  dei>aitment  as  of  right  to  demaitd  a 
comi)ilHtion  of  statistical  information  from  another?  It  might  require  a  great  deal 
of  expense.  Very  often  the  Senate  makes  a  demand  and  is  met  l)y  the  answer  of 
the  department  that  they  have  no  approjiriation  which  enables  them  to  ftirnisii  tlie 
statistical  information  required.  As  I  luiderstood  it,  upon  listening  to  the  reading, 
the  amendment  gives  the  Secretary  of  Connnerce  absolute  right  to  recjuire  any  other 
department  of  the  Government  to  furni.sh  any  statistical  information  which  he  shall 
need,  and  that  he  shall  compile  it. 

Mr.  (iu.vRLEs.     That  is  true. 

Mr.  Ho.\R.  Let  the  amendment  be  again  read. 

The  Presidext  pro  tempore.  The  amendment  will  be  again  stated. 

The  Secretary  again  read  the  amendment. 

Mr.  Hoar.  May  I  ask  the  Senator  if  it  would  not  be  true,  as  expressed  in  the 
amendment,  that  an  officer  in  the  Department  of  Justice,  or  in  the  Treasury,  or  the 
Interior  Department,  busily  engaged  in  performing  a  duty  assigned  to  him  by  his 
own  official  superior,  might  be  called  ujion  directly — not  through  the  Secretary  of 
his  own  department — and  commanded  to  do  some  work  for  another  department, 
and  obliged  to  lay  aside  all  of  his  jiending  business  until  he  complies  with  that 
request? 

Mr.  QuARLES.  I  should  hardly  think,  Mr.  President,  that  that  would  be  a  fair  con- 
struction of  the  amendmtint.     1  certainly  had  no  such  thought  in  its  preparation. 

I  may  simply  say  to  the  Senate  that  my  interest  in  this  matter  arises  out  of  a  cer- 
tain responsibility  which  I  feel  regarding  the  Census  Bureau.  My  attention  has 
been  called  to  this  on  account  of  the  action  of  the  Senate  in  excluding  the  Census 
Bureau  from  this  new  Dejiartment.  A  del)ate  arose  here  the  other  day  as  to  what 
it  Avas  wise  to  do,  and  it  occurred  to  me  that,  instead  of  having  these  statistics  pre- 
pared in  different  departments,  each  under  the  head  of  a  bureau  chief,  where  they 
were  overlapping  each  other,  where  the  thing  was  being  multiplied  and  duplicated, 
it  would  be  far  better  to  bring  the  Census  Bureau  into  this  new  De].>artment,  bring 
these  other  bureaus  in,  and  then  leave  it  the  duty  of  the  new  chief  of  this  Dejmrt- 
ment  to  gather  all  those  statistics  and  have  them  issued  with  all  the  authenticity 
that  the  Govermnent  could  give  them,  so  that  every  statisticalfact  that  we  sent  out 
would  be  backed  by  the  authority  of  the  nation,  instead  of  being  sent  out  siinjily 
with  such  authenticity  as  the  head  of  a  department  not  primarily  charged  with  the 
gathering  of  statistics  might  give  it. 

That  impression  seemed  to  me  so  meritorious  that  I  ventured  to  prepare  this 
amendment,  although  at  the  present  time,  under  the  action  the  other  day  in  Com- 
mittee of  the  AVhole,  the  Census  Bureau  is  not  included  in  the  i^roposed  new  Depart-^ 
ment.  But  whether  it  be  included  or  not,  it  has  seemed  to  me  very  desirable  that 
we  should  give  the  new  Secretary  this  authority,  1)ecause  every  Senator  recognizes 
the  difficidy  of  reaching  out  into  a  department  1  )y  a  kind  of  a  surgical  operation  and 
taking  a  bureau  away  from  a  department.  But  here  we  are  organizing  a  new  Depart- 
ment, when  the  tiling  can  be  done  without  jealousy,  witltout  friction.  It  has  seemed 
to  me  exceedingly  desirable  that  there  should  be  one  central  head,  one  central  juris- 
diction presiding  over  this  matter  of  statistics,  so  that  trained  men  might  be  employed 
and  greater  authenticity  given  to  tlie  statistics. 

Mr.  Hoar.  Will  the  Senator  allow  me  to  make  a  suggestion? 


LKGISLATIVE    HISTORY  475 

Mr.  QuARLEs.  Certainly. 

Mr.  lioAK.  1  entirely  synipathi/o  with  tlie  ])ur])Ose  of  the  Senator,  hut  instead  of 
authorizing  the  head  of  the  ni'w  Department  to  recpiire  Hi)ecilic  work  from  the 
bureauH  of  other  (le[iartn\ents,  tlu'rel>y  estal)lishinj;  relations  In'tween  the  head  of  one 
(U'liartmcnt  anil  till'  sulmrdinates  of  another  department,  he  should  deal  with  the 
hi'ad  of  the  department  diri'ctly,  and  should  obtain,  so  far  as  practicable,  fmm  the 
ht'adsof  the  otlu'rdi'part  nients  (if  the  (iovernmentt  lu>  desired  in  format  inn.  lb'  woidd 
naturally  make  his  application  to  the  head  of  the  other  deiiartment,  and  tlie  statute 
wotdd,  of  course,  make  it  incundient  upon  theotiier  departnu^nt  to  respond.  The 
insertion  of  some  i)hrase  of  that  sort  would  remove  my  difliculty. 

Mr.  iSroo.MCK.   Will  my  colleague  ])ermit  me  to  interrupt  him  tliere? 

Mr.  Qu.XKi.Ks.   With  ])leasure. 

Mr.  Spoon KK.  I  do  not  think  the  Senator  fnim  Massachusetts  [Air.  Ibiar]  lias 
made  a  fair  construction  of  the  ameiuhiient.  Jt  only  authorizes  the  Secretary  of 
Commerce  to  call  ui)on  other  di'partments  for  statistical  data.     The  amemlment  reads: 

And  .>;niil  Seciclary  shall  also  liavo  authdiily  to  call  Uf)on  other  liuri'ans  or  fU'partments  of  the  Gov- 
eriiiiu'iit  for  statistical  data  and  results  olitaiiuMl  )iy  tlu'in,  and  it  is  liereby  made  the  duty  of  such 
bureaus  or  deiiartnients  to  furnisli  such  information  when  so  reiiuestod. 

I  do  not  conceive  that  reijuest  asanthoriziuij;  the  Secretary  of  Commerce  to  require 
an  irivesti<j:ation,  but  simply  to  furnish  information  Mhieh  has  been  obtained. 

jMr.  lIoAK.  1  did  not  so  understand  it,  but  I  understood  they  were  required  to  fur- 
nish data  in  their  possession,  to  compile  and  copy  the  same. 

Mr.  Si^ooxEu.  Well,  they  compile  it  anyway;  they  o))tain  it  for  that  purpose;  and 
the  idea  of  that  is  to  furnish  the  information.  Jt  is  entirely  proper.  The  Senator 
agrees  with  me  that  all  statistical  information  should  in  some  method  lind  its  way  to 
the  Department  of  Commerce. 

1  think  one  suggestion  made  liy  the  Senator  from  Massachusetts  should  liave  seri- 
ous attention,  and  that  can  be  easily  reached  if  my  colleague  will  strike  out  from  his 
amentUnent  the  words  "bureaus  or."     Tlie  amendment  now  reads: 

And  said  Secretary  shall  also  have  authority  to  call  upon  other  bureaus  or  departments  of  the  Gov- 
ernment for  stutistical  data  and  results  obtained  l)y  them,  and  it  is  hereby  ma<le  the  duty  of  such 
Ijureaus  or  departments  to  furnish  .such  information,  etc. 

I  suggest  that  my  colleague  strike  out  the  words  "bureaus  or,"  so  as  to  leave  it 
simply  "departments,"  so  that  they  will  communicate,  each  Secretary  with  the  other 
Secretary.  1  think  that  would  eliminate  the  olijection  made  by  the  Senator  from 
IMassacliusetts,  which  is  well  founded  in  that  respect. 

Mr.  Qi'ARLKs.  1  shall  be  very  glad  to  consent  to  that  eliange. 

Mr.  SeooNKu.  1  thitik  one  {"abinet  otiicer  ought  not  to  be  dealing  directly  with 
bureaus  under  another  Cabinet  oliicer. 

Mr.  QrAKi.i:s.  Mr.  President,  while  I  have  the  floor  I  wish  simply  to  call  the 
attention  of  the  Senate,  and  esi)ecially  of  my  distinguislied  friend  from  Georgia  [Mr. 
Bacon],  who  ])articipated  in  the  debate  the  other  day,  to  this  feature  of  the  amend- 
ment: That,  instead  of  providing'that  these  bureaus  should  be  aliolished  or  under- 
taking to  determine  in  advance  what  sh<.)uld  l>e  done  with  them,  Ave  leave  it  optional 
and  (liscretionary  with  the  new  Secretary  to  leave  these  bureaus  alliliated  as  they  are 
if  he  shall  conclude  that  the  iniblic  interest  will  be  promoted  by  that  course,  giving 
him,  however,  the  discretion  to  rearrange  and  consolidate  if  lie  shall  think  that 
course  to  be  more  wise  and  beneficial. 

As  to  the  Census,  at  the  jinqier  time  I  shall  call  the  attention  of  the  Senate  in  some 
proper  way  to  the  jiropriety  of  ])lacing  ))ack  the  Census  Bureati  in  this  new  Depart- 
ment. Whether  it  be  made  ])ermaneiit  by  subse(|uent  legislation  or  left  as  it  is,  I 
think  it  ought  to  be  in  this  Department,  Ijecause  its  function  is  essentially  the  gath- 
ering of  statistics.  I  hope  for  that  reason  it  may  be  left  under  this  new  Department, 
to  be  dealt  with  in  the  discretion  of  the  new  Secretary. 

]\Ir.  Bacox.  If  the  Senator  wdl  i>ermit  me,  before  he  takes  his  seat  I  simply  wish 
to  make  an  in(|uiry  of  him.  Of  course  those  of  us  wIk^  have  not  been  specially  charged 
with  the  preparation  of  the  bill  have  depended  largely  ui>on  the  coiielusions  which 
have  Iieen  reached  by  those  who  have  given  it  their  ])articular  attention.  The 
iiKpiiry  which  1  desire  to  submit  to  the  honoral)](i  Senator  from  Wisconsin  is  whether 
the  placing  of  the  Department  of  Labor  under  this  jiroposed  new  Dejiartment  has  been 
done  with  a  view  of  ecjualizing  the  labors  of  the  various  departments,  or  wln-ther  it 
has  been  done  liecaiise  of  any  jiarticular  relation  that  it  is  thought  the  Department  of 
Labor  bears  to  the  De))artmeiit  of  Commerce?  I  simjily  wish  to  know  by  what  rea- 
sons the  committee  were  influenced  in  a.-^signing  to  the  Department  of  Commerce  what 
is  now  known  as  the?  Dejtartment  of  Labor;  whether  it  was  because  of  thi'  ju'culiar 
relationship  of  the  Deiiartment  of  Lal)or  to  the  proposed  Department  of  Commerce 
and  the  consequent  fitness  that  there  should  be  some  connection,  or  whether,  in  the 


476  LEGISLATIVE    HISTORY 

effoi-t  to  equalize  the  labor  of  the  different  departments,  it  was  found  necessary  to 
take  the  Departineut  of  Labor  and  put  it  in  the  Department  of  Commerce,  thus  reliev- 
ing s  line  overcrowded  department?  Which  of  these  two  were  the  motives  and  rea- 
sons ))y  which  the  committee  were  guided? 

Mr.  QuAKLES.  In  regard  to  that  matter,  Mr.  President,  1  think  it  wiser  to  refer  to 
the  distinguished  Senator  from  Minnesota  [Mr.  Nelson],  who  has  this  bill  in  charge 
and  who,  l"am  sure,  is  better  equipped  to  answer  the  question  than  1  am. 

Mr.  Nelson.  Mr.  President ^ 

Mr.  Hoar.  With  the  permission  of  the  Senator,  perhaps  the  matter  that  has  been 
pending  can  be  first  disposed  of. 

Mr.  Nelson.  Very  well.  I  would  suggest  to  the  Senator  from  Georgia  that  I  w.ill 
defer  for  a  moment  to  the  Senator  from  Massachusetts. 

Mr.  Bacon.  That  is  entirely  satisfactory. 

Mr.  Hoar.  I  merely  desire  that  the  pending  amendment  to  the  amendment  shall 
be  disposed  of,  as  we  seem  to  be  agreed  all  around  that  it  is  pro])er.  1  think  the 
suggestion  of  the  senior  Senator  from  Wisconsin  [Mr.  Spooner]  answers  my  difficulty 
so  far  as  it  is  important.  I  will  ask  the  junior  Senator  from  Wisconsin  [Mr.  Canaries] 
if  he  will  modify  his  amendment  l)y  striking  out  the  words  "bureaus  or,"  where 
they  twice  occur,  so  as  to  read  "other  departments."  If  the  Senator  will  modify  his 
amendment  in  that  way,  it  will  meet  my  objection. 

Mr.  Quarles.  I  will  do  so  with  pleasure.  I  ask  to  amend  the  lirst  draft  of  the 
amendment 

The  President  pro  tempore.  The  Senator  has  that  right. 

Mr.  QiTARLEs.  I  will  then  modify  the  amendment  by  striking  out  the  words 
"bureaus  or"  where  they  occur. 

Mr.  Hoar.  The  Senator  has  the  right  to  do  that,  the  yeas  and  nays  not  having 
been  ordered  on  the  amendment. 

The  President  ])ro  tempore.  The  modification  of  the  amen(hnent  of  the  Senator 
from  Wisconsin  made  by  him  will  be  stated. 

The  Secretary.  Strike  out  the  words  "  bureaus  or"  where  they  twice  occur. 

Mr.  Gallinger.  Mr.  President,  for  a  great  many  years,  as  is  well  known  to  all 
memliers  of  this  body,  the  great  commercial  interests  of  the  country  have  been  ask- 
ing for  the  establishment  of  a  Department  of  Commerce,  and  in  response  to  that 
demand  the  t'Ommittee  on  Commerce,  charged  with  such  matters,  gave  very  careful 
consideration  to  a  l)ill,  which  I  think  was  reported  favorably  at  the  second  session 
of  the  Fifty-sixth  Congress.    I  will  ask  the  Senator  from  Minnesota  if  I  am  not  right? 

Mr.  Nelson.  It  was  originally  reported,  I  think,  in  the  Fifty-fifth  Congress,  by  the 
junior  Senator  from  Maine  [Mr.  Frye],  now  i)residing  over  the  deliberations  of  this 
body. 

Mr.  Gallinger.  That  bill  went  to  the  Calendar  and  was  not  reached  for  consider- 
ation. At  the  present  session  it  was  reintroduced  practically  as  it  had  l)een  reported, 
and  it  again  received  very  careful  C(jnsideration  by  the  Connnittee  on  Commerce. 
It  was  reported,  is  now  on  the  Calendar,  and  under  consideration. 

I  desire,  Mr.  President,  as  a  member  of  that  committee,  to  take  a  very  few 
moments  of  the  valuable  time  of  the  Senate  in  some  observations  on  this  measure, 
which  has  been  somewhat  severely  criticised,  and  jaerhaps  properly  so,  by  Senators 
not  members  of  the  Committee  on  Commerce. 

Section  3  of  the  biil  declares  the  purpose  and  the  scope  of  this  new  Department: 

Sec.  3.  That  it  shall  he  tho  province  and  rinty  of  sairt  Department  to  foster,  promote,  and  develop 
the  foreign  and  domeslie  (■(numeree,  tlie  mining,  manufacturing,  shi|i|iing,  ami  lishery  industries, 
the  labor  interests,  and  the  transportation  facilities  of  the  rnited  States;  an<l  to  this  eiid  it  sliall  be 
ve.sted  with  jurisdiction  and  control  of  the  departments,  bureaus,  ottiees,  and  branches  of  the  pul)lic 
service  hereinafter  specified,  and  with  such  other  powers  and  duties  as  may  be  prescribed  by  law. 

The  Senator  from  Georgia  [Mr.  Bacon]  a  moment  ago  asked  why  it  was  that  the 
Department  of  Labor  was  included  in  this  bill.  He  wanted  to  know  whether  it  was 
because  the  committee  recognized  that  the  matter  the  Department  of  Labor  deals 
with  properly  belongs  to  a  Department  of  Connnerce,  or  whether  it  was  to  relieve  the 
pressure  upon  some  other  department  of  the  Government.  I  will  say  to  the  Senator 
tliat,  as  I  understand  the  matter,  it  was  for  the  double  purpose.  First,  the  Depart- 
ment of  Labor  deals  with  statistics,  and  it  is  proposed  to  place  the  collection  and 
promulgation  of  statistics  in  a  bureau  in  the  Department  of  Commerce,  and  next 
because  of  the  fact  that  the  Department  under  which  the  Bureau  of  Labor  now  is 
operating  is  beyond  a  (juestion  overwhelmed  with  work,  and  may  well  be  relieved 
by  Congress  in  the  establishment  of  a  new  l>ureau. 

Mr.  Nelson.     Will  the  Senator  allow  me  to  interrupt  him? 

Mr.  Gallinger.  With  pleasure. 


LEC4ISLATIVK    HISTORY  477 

i\rr.  Nkuson.  I  think  tlu'  Senator  is  iahorin>x  un<l»T  a  nii«i|>|iiTiu'nsi(in  in  one 
ivspi'ft.  T\iv  Ik'partiMfnt  uf  Lalxn-  is  not  now  in  any  t'Xi'cntivc  (lepurtMH'nt;  it  is 
isolated;  it  is  l)y  itsrlf. 

Mr.  (t.\i,i,ix(;i:k.  I'lxin  retleetion  I  recall  that  that  is  so,  and  I  was  mistaken  in  the 
statement  1  made.  It  is  an  independent  department,  and  yet  not  an  e.xeeutive 
de[iartment.  It  was  tli(iu<rht  wise  l)y  tiie  eommittee  to  place  it  under  this  new 
Department,  makinir  it  a  hnreau  in  tlu'  ordinary  acci-ptation  of  the  term. 

.Mr.  I'resident,  tliis  hill  has  had,  as  J  hefore  stated,  very  careful  consideration. 
l>ouhtless  the  committee  has  made  some  nnstakes  in  its  construc-tion  and  in  the 
bureaus  and  departments  they  have  included  in  it,  Imt  it  is  not  a  crude  bill,  and  it  is 
not  a  i)roper  subject  for  criticism  in  that  direction.  The  bill  has  already  been 
amended,  and  1  think,  IMr.  President,  amended  not  in  a  way  that  imi)roves  it.  The 
Census  OtHce  has  been  stricken  from  the  l>ill.  I  quite  ajjree  with  the  chairman  of 
the  Committee  on  Census  of  this  body  that  that  otiice  sliould  be  include<l  in  this 
new  Department,  and  tiiat  the  statistics  which  thatollice  is  collecting  shouM  be  made 
part  of  this  proposed  Department  and  put  under  the  Bureau  of  Statistics,  which  this 
bill  j)roi>nses  to  create. 

Mr.  Baco.v.  ^Vill  the  Senator  pardon  nie  if  I  make  an  inquiry  as  to  the  matter  on 
which  he  has  been  speaking  before  he  jiasses  to  another  point? 

Mr.  (t.m.i.inoek.  With  pleasure. 

Mr.  Bacon.  My  in(piiry  is,  whether,  in  the  j)ractical  operation  of  the  present 
Department  of  Labor,  there  has  developed  any  sui'h  inethciency  as  recinires  that  its 
status  shall  be  changed  and  that  it  shall  be  jnit  under  one  of  the  great  Executive 
Departments? 

Mr.  (iAi.LiX(iER.  Well,  Mr.  President,  I  think  we  will  all  agree  that  no  man  has 
been  rash  enough  to  assert  here  or  elsewhere  that  the  Department  of  Labor  as  at 
j)re.sent  constituted  has  not  done  magnificent  work  or  that  it  is  subject  to  any  criti- 
cism whatever;  and  yet  it  is  an  independent  Department  under  the  law  to-day.  The 
connnittee  thought  it  was  wise  to  include  it  in  this  new  De])artment.  That  is  all. 
It  may  not  be  wise  to  do  so,  but  the  committee  thinks  it  is.  The  Senate  may  think 
otherwise,  and,  of  course,  the  committee  will  yield  to  the  judgment  of  the  Senate. 

I  could  not,  ^Ir.  President,  if  1  tried,  utter  words  of  too  great  praise  for  the  dis- 
tinguislie<l  statistician  who  is  at  the  head  of  the  present  Dei)artment  of  Lal)or.  His 
work  is  beyond  praise;  it  has  commended  itself  to  all  classes  of  our  people;  and  I 
have  never  heard  a  word  uttered  by  any  man  in  public  life  in  criticism  of  the  admin- 
istration of  that  l)epartment. 

Mr.  Bacon.  Will  the  Senator  permit  me,  then,  to  ask  him,  as  a  member  of  the 
committee,  another  (piestion? 

Mr.  Gallingek.  Certainly. 

Mr.  Bacon.  If,  inider  the  present  arrangement,  there  is  such  distinguished  success, 
would  it  not  be  the  i)art  of  wisdom  to  allow  the  present  arrangement  to  continue, 
rather  than  to  subject  the  present  head  of  that  Department  to  control  which  might 
in  some  degree  in)pair  or  interfere,  with  that  efficiency,  if  it  is  now  so  perfect? 

Mr.  (lALLiNiiEK.  Well,  i\Ir.  President,  that  is,  of  coursi",  a  matter  of  judgment.  I 
have  no  doubt  the  same  gentleman  will  be  continued  at  the  head  of  the  work  who 
has  it  now  in  hand  if  this  change  shall  be  made.  As  I  stated  a  moment  ago,  it  is  a 
matter  for  the  Senate  to  decide  ifor  itself. 

Again,  jNIi'.  President,  the  Coast  and  Geodetic  Survey,  which  the  committee  rec- 
ommended  should  be  included  in  this  new  Dejiartment,  has  been  stricken  from  the 
bill,  and  1  think  there  a  mistake  has  been  made.  I  suppose  it  is  safe  for  me  to  say, 
Mr.  President,  that  the  best  charts  published  in  the  world  are  published  by  the  Coast 
and  (ieodetic  Survey;  but  there  is  an  anomaly  in  that  service  being  in  the  Treasury 
Dt'partment,  and  if  it  is  |)roposed  by  some  future  legislation  to  transfer  it  to  the  Navy 
Department,  as  has  been  hinted,  I  am  clearly  of  opinion  that  it  would  be  a  mistake 
to  <lo  that. 

The  Coast  and  Geodetic 'Survey,  if  I  properly  imderstand  its  function,  has  to  do 
with  conunerce.  It  charts  the  harbors  and  coast  lines  almo.st  exclusively,  and  while 
the  Navy  Department  nmy  well  give  its  spare  time  to  the  deep-sea  soundings,  it  seems 
to  me  that  the  specific  work  the  Coast  and  Geodetic  Survey  has  in  hand  l)elongs 
almost  exclusively  to  this  new  Dei)artment  of  Commerce,  if  it  shall  be  created;  but 
the  Senate  has  stricken  from  tiu'  bill  that  i>rovision,  and  it  very  likely  will  adhere 
to  the  conclusion  it  reached  on  that  point,  although  I  give  notice  tiiat  when  the 
matter  comes  into  the  Senate  I  shall  ask  for  a  sejiarate  vote  on  that  proposition. 

Mr.  President,  as  to  the  matter  of  statistics,  which  is  innnediately  in  hand,  I  do 
not  think  the  criticisms  which  were  ma<le  upon  the  bill  in  that  regard  were  well 
founded.  Possibly  the  provisions  are  not  sulHciently  clear;  i)ossil)ly  the  scope  may 
not  be  as  broad  as  it  ought  to  be;  but  the  committee  had  clearly  in  mind  the  estab- 


478  LEGISLATIVE    HISTOEY 

lishment  of  a  sinj^le  Bureau  of  Statistics,  and  the  bill  very  pointedly  accomplishes 
that  result,  as  I  understand.     If  you  turn  to  page  3,  line  16,  you  will  find  it  is  provided : 

That  the  Bureau  of  Foreign  Commerce,  now  in  the  Department  of  State,  be,  and  the  same  liereby 
is,  transferred  to  the  Department  of  Commerce  and  consolidated  with  and  made  a  part  of  the  Bureaii 
of  Statistics,  licrcinbcfore  transferred  friim  the  Department  of  tlie  Treasury  to  tlie  Department  of 
Comincrcc,  and  the  i-hicf  i>(  said  liurcan  of  KoreiKu  Coiinnerce  shall  be  the  assistant  cliief  of  the  said 
Bureau  of  Statistics;  and  it  shall  be  the  duty  of  said  bureau — 

Not  of  two  bureaus,  as  has  been  contended  here,  but — 

it  sliall  be  tlie  duty  of  saiil  Btn-eau,  under  the  direction  of  the  Secretary,  in  addition  to  the  duties  now 
prescribed  by  law,  to  jiathcr,  compile,  classify,  and  i)Ublisli  statistical  information  showinu  the  con- 
dition of  the  foreign  and  domestic  commerce,  of  the  mining,  manufacturiut;,  sliippiuK,  and  lishery 
industries,  and  of  the  tran.sportation  facilities  of  the  United  States. 

Mr.  President,  in  creating  this  Bureau  of  Statistics  the  bill  proposes  that  we  shall 
transfer  to  the  Department  of  Commerce  tlie  Bureau  of  Statistics  now  in  the  Treasury 
Department;  that  we  shall  take  the  Bureau  of  Statistics  in  the  State  Department  and 
consolidate  them,  and  if  SenatiM's  will  turn  to  page  5  of  the  l)ill  they  will  perceive 
that  we  provide  tliat  the  consular  officers  shall  likewise  continue  to  gather  statistics, 
and  that  their  work  shall  be  turned  over  to  this  Bureau  of  Statistics  in  the  Depart- 
ment of  Commerce. 

I  say,  Mr.  President,  that  the  criticisms  whicli  ha.ve  been  made,  that  we  were  not 
sufficiently  exj)licit  in  saying  that  there  shotild  be  one  bureau,  are  not,  to  my  mind, 
justified  by  the  language  of  the  Ijill;  but  of  course  if  it  can  be  made  more  clear  by  the 
amendment  submitted  by  the  Senator  from  ]\lissouri  [INIr.  Cockrell]  and  the  amend- 
ment which  is  now  pending,  sulnuitted  liy  the  Senator  from  Wisconsin  [Mr.  Quarles], 
the  committee  will  ))e  glad  to  have  the  text  of  the  bill  perfected  in  that  resjiect. 

I  do  not  know  that  1  luive  anything  further  which  I  ought  to  impose  upon  the 
Senate  in  this  matter,  but  1  will  say  further  that  the  cammittee  has  had  one  oliject 
in  view,  and  that  was  to  respond  to  the  almost  universal  demand  of  the  commercial 
bodies  and  interests  of  this  country  for  the  estal)lishment  of  another  executive  depart- 
ment of  the  Government  to  be  known  as  the  De])artment  of  Commerce.  Their  pur- 
pose has  been  to  ha\ea  Bureau  of  Statistii'S  which  would  accomplish  the  very  results 
which  the  Senators  who  have  criticised  the  bill  think  it  desiraljle  for  us  to  accom- 
plish. Ju  creating  tiiis  new  Department  we,  of  necessity,  invaded  the  other  depart- 
ments; we  liad  to  take  one  bureau  from  one  department  and  another  ))ureau  from 
another  dei)artment.  We  had  to  give  this  new  J)epartment  some  work,  and  we  found 
some  of  the  other  departments  so  overcrowded  that  we  could  well  invade  their 
domaiii  and  transfer  to  tliis  new  Dejiartment  the  work  wdiich  more  properly  l)elong3 
to  a  Depait-meut  of  Commerce  than  to  any  existing  executive  department. 

Mr.  President,  I  trust  the  l)ill  will  be  speedily  voted  on.  It  is,  to  my  mind,  a  bill 
which  is  demanded  by  the  Ijest  interests  of  the  people  of  the  United  States,  and  wliich 
will  receive  the  commendation  of  tlie  great  commercial  bodies  of  this  great  commer- 
cial country  of  ours. 

The  President  pro  tempore.  The  Presiding  Officer  of  the  Senate  received  a  letter 
addressed  to  liini  by  ]Mr.  (iomjiers,  the  president  of  the  American  Fedei'ation  of 
Labor,  witli  tlie  re(]uest  that  "you  may  extend  the  courtesy  of  submitting  this  com- 
munication to  the  Senate  of  the  LTnited  States."  As  it  relates  to  the  pending  bill, 
and  possibly  to  the  proposed  pending  amendment,  if  there  be  no  objection,  the  Chair 
will  comjjly  with  the  request  of  this  gentleman  and  submit  the  letter  to  the  Senate. 
Is  there  objection?     The  Chair  hears  none,  and  the  Secretary  will  read  the  letter. 

The  Secretary  read  as  follows: 

Amekican  Federation  of  Labor, 
Washington,  D.  C,  January  20,  190$. 
Hon.  William  P.  Frye, 

President  pro  tanpore  United  States  Senate. 

Dear  Sir;:  The  bill  pending  before  your  honorable  body.  Senate  509,  is,  as  yon  know,  to  establish 
a  Departnienl  of  Commerce,  with  thccreation  of  an  ollice  to  be  known  as  SecretarNdf  the  Depart- 
ment of  Commerce.  A  jierusal  of  the  bill  .shows  that  it  ]iroposes  to  transfer  the  I»ciiartment  of  Labor 
to  the  proposed  Department  of  Commerce,  and  it  is  this  particular  feature  to  whicli  your  attention  is 
respectfully  direiied. 

As  yon  kiiow,  the  Bureau  of  Labor  Statistie.<f  was  created  at  the  earnest  solicitation  of  the  organized 
labor  mt)vement  of  America,  and  s\ibser|uently  changed  to  the  higher  position  of  the  Departnu'ut  of 
Labor.  This,  too,  in  response  to  the  earnest  rc(iuest  of  the  Amcric.-in  Federation  of  Labor,  and  the 
hope  has  been  long  entiTtained  that  time  would  demonstrate  the  wisdom  of  an  independent  executive 
department  and  its  chief  otticcr  a  secretary  with  a  voice  in  the  councils  of  the  President,  alfecting 
matters  parti<-ularly  relating  to  the  .f;i-eat  interests  of  labor. 

No  keen  observer  disi>ntcs  that  tlie  all-absorbing  and  burning  question  of  our  time  is  expressed  in 
the  terms  "the  labor  question."  In  the  effort  to  establish  the  rightful  relation  of  the  workers  to 
society,  in  the  production  of  wealth  and  in  its  just  distribution,  is  encompassed  all  the  complex  (pies- 
tions  of  our  lives. 

That  justice  should  be  meted  out  to  all  the  workers,  no  thoughtful  man  will  deny. 

Anything  which  is  not  based  nixin  ethi<-al  consi(k>rations  for  all,  no  intelligent  trade  unionist  asks. 

C^ncstions  ol'len  aris('  in  tlie  otlicial  fairiily  of  the  I'residt'ut  of  the  llnited  States  in  which  justice, 
fair  dealing,  ethics,  and  the  law  and  its  administration  must  freiiueiitly  be  under  consideration,  and, 


LKGISLATIVE    HISTORY  479 

niiloss  thoro  is  sonic  roprosontntivoof  the  workiTscDniin'loiit  tospi-ak  in  tlii'ir  iiiinu',  fotulvocate  tlicir 
ciiiist",  III  (•(iiivcy  ti>  till'  KxiTiitivc  lu'iiil  iiiiil  liisnilviscislhc  lalKiivr'ssidi'ul"  hiliDr'seuiiti'iitioti,  lie  iiiifl 
tlicy  must  111' (ioiuivci)  (if  viihiulik'  iiiul  fiu-ivai'liliiK  inriniiuitinii.  It  is  In  siiiiply  tliis  iiri'sciit  tli-ti- 
cii'iicy  tlial  till'  Aiiii'iii'au  Ki'iliTatioii  of  Laliiir  has  asked,  ami  should  ri'iicat  and  increase  its  cITort.s, 
to  secure  the  eiiaetmeiit  by  Con^ressof  a  law  creatinij-a  Dciiartinciit  of  Labor,  uitli  a  Secretary  who 
shall  ha\c  a  seat  in  tlie  I'resideiit's  Cabinet. 

The  creation  of  a  lie|iartnieiit  of  ('oiiimerce  with  tlie  provision  for  the  subordination  of  the  Dcpiirt- 
iiient  of  Labor,  will  minimize  the  importance  of  l;ibiir's  interests  and  minimize  the  iireseiil  Depart- 
ment of  Labor.  Against  such  a  procedure,  in  the  name  of  American  labor,  1  enter  my  most  solemn 
protest. 

'riierc  can  be  no  question  that  the  niemlicrs  of  a  President's  Ciibinct  are  representatives  of  the 
employers'  and  business  men's  side  of  industry,  commerce  and  finance.  (Uir  ambassadors  and  con- 
suls to  foreijrn  countries  are  a.iients  and  advocates  of  the  same  interests,  and  there  can  be  no  kooiI 
ri'a.son  for  the  creation  of  n  department  of  ("ommerce,  particularly  when  the  liipartment  of  l>abor, 
which  was  created  for  a  iiarliciilar  ]inriiose.  in  no  way  Kcrmaiie  to  a  Deparlmcnl  of  ('(Jimnerce,  and 
which  it  is  jiurposed  shall  be  absorbed  thereby  to  the  detriment  of  the  interests  of  all  our  people. 

It  is  therefore  ur.treiitly  rei|nested  that  in  the  event  that  the  honorable  Senate  should  deem  it  wise 
to  enact  Senate  bill  . Si;'.!,  that  the  Di'partment  of  Labor  as  now  constituted  may  be  eliminated  from 
its  provisions.  I  trust,  too,  that  you  may  extend  the  courtesy  of  submitting  this  communication  to 
the  Senate  of  the  rnited  States. 

I  have  the  honor  to  remain,  yours,  very  respectfully, 

Samf-.  Gompkrs, 
President  American  Federation  of  Labor. 

The  Pkesidknt  pro  ti'iiipore.  The  (luestion  is  on  a^reeiii^' to  the  ainciKhiient  suh- 
mittt'tl  by  the  iSeiiator  ffoiii  Wisconsin  as  niodilied. 

jNIr.  Tkli.1':h.  I  do  not  tiiink  thi-  Senator  from  New  Ihmipshire  [i\Ir.  (ialHnger] 
need  infer  tliat  we  are  criticising  the  worii  of  the  committee  Viecaiise  we  do  not  agree 
with  the  bill  in  all  its  provisions.  1  believe  it  iscui^tomary  in  the  Senate  for  Senators 
who  do  not  entirely  agree  with  a  conmiittee  to  make  suggestions  of  amendment,  and 
I  hope  that  will  be  continued.  Certainly  the  proposition  of  two  bureaus  of  statistics 
in  one  J\>partmeiit  and  the  chief  of  one  the  assistant  chief  of  the  other  is  a  new 
dejiarture  in  administration.  Nobody  ever  heard  of  such  a  thing  before,  and  any- 
body who  has  hail  experience  in  tho.'^e  affairs  nuist  know  that  it  will  not  work.  All 
tliat  has  gone  out,  liowever.  The  Senator  from  New  Hampshire  seems  to  think  it  is 
a  reflection  upon  the  eonniiittee  to  strike  it  out. 

Mr.  (.TALLixoicit.  No,  Mr.  President,  if  the  Senator  from  Colorado  will  permit  me, 
I  did  not  mean  to  say  that. 

INIr.  Teller.   It  sounded  hke  it. 

^Ir.  (Jallinger.  I  meant  to  say,  and  I  rejieat,  that  I  am  of  opinion  that  the 
language  of  the  bill  does  not  bear  out  that  constructiim.  That  is  all  I  meant.  It  is 
a  difference  of  ojiinion  between  the  Senator  and  me. 

Mr.  Tellkk.  It  is  possible  that  we  are  mistaken,  but  it  does  not  seem  so  to  me. 
However,  that  has  gone  out. 

Here  is  another  proposition  which  I  think  ought  to  be  considered  a  minute.  As 
I  said  before,  I  am  not  making  olijections  in  hostility  to  the  liill.  I  expect  the  bill 
to  jiass.  I  should  like  to  see  it  in  such  shape,  however,  that  it  will  be  a  projier  bill 
ti>  be  passed.  On  page  5  there  is  a  very  proper  provision.  I  do  not  find  fault 
with  it. 

And  all  consular  ollicers  of  the  United  States,  including  consul-generals,  consuls,  .ind  commercial 
agents,  are  hereby  reiiliired,  and  it  is  made  a  part  of  their  duty,  under  the  direction  of  the  Secretary 
of  State,  to  gather  and  compile,  from  time  to  time — 

That  is  what  they  are  doing,  perhaps  without  any  law,  but  there  is  no  objection 
to  it.     AVhat  I  object  to  is  this: 

From  lime  to  time,  upon  the  request  of  the  Secretary  of  Commerce. 

In  other  words,  you  take  away  from  the  Secretary  of  State  the  power  to  do  this, 
unless  the  Secretary  of  Commerce  requests  it  to  be  done,  do  you  not? 

]\Ir.  Lodge.  1  do  not  think  that  is  the  intention,  certainly. 

Mr.  Teller.  I  do  not  know  tliat  it  is,  but  does  it  not  look  a  littk 

I\Ir.  Lod(;e.  The  line  which  the  Senator  has  read  is  my  amendment.  That  is  the 
reason  why  I  have  rejtlied  to  the  Senator. 

Mr.  Teller.  1  think  what  the  Senator  had  in  mind  perhaps  was  that  ujion  the 
reipiest  of  the  Secretary  of  Coimuerce  the  Secretary  of  State  should  furnish  the  sta- 
tistics to  this  P)ureau.  I  think  that  would  ])i^  projier,  but  I  hardly  think  it  would  be 
proper  to  say  that  he  is  to  make  these  impiiries  iiiion  the  reipiest  of  the  Secretary  of 
(Vimmerce.  That  work  has  been  done  for  a  number  of  years,  and  it  has  been  very 
valuable. 

Mr.  LoDOE.  It  has  been  done  under  the  law — the  hiw  estaljlishing  the  Bureau  of 
Foreign  Commerci^  in  the  State  I)e{)artment. 

]\Ir.  Teller.    I  <lid  not  know  it  had  been  done  under  the  law. 

INIr.  LoDCE.   I  think  that  is  the  way  it  has  been  done. 

Mr.  Teller.  I  did  not  know  whether  the  law  re(|tnre<l  it  or  whether  it  has  grown 
up;  but  either  way,  it  has  been  a  useful  and  valualile  service. 


480  LEGISLATIVE    HISTORY 

Mr.  Lodge.  Of  course,  the  Secretary  of  State  has  tlie  power  to  direct  the  consuls 
to  transmit  any  information  that  he  desires. 

Mr.  Teller.  I  thinic  it  would  be  better  to  change  this  so  that,  upon  the  request  of 
the  Secretary  of  Commerce,  he  should  furnish  the  statistics  to  the  Department  of 
Commerce. 

Mr.  Lodge.  Then  the  Senator  would  strike  out  the  words  "upon  the  request  of 
the  Secretary  of  Commerce."     That  is  all  that  is  necessary. 

Mr.  Teller.  Then  I  would  strike  out  those  words. 

Mr.  Nelson.  Mr.  President 

The  President  jiro  tempore.  Does  the  Senator  irinn  Colorado  yield  to  the  Senator 
from  JNlinnesota? 

Mr.  Teller.  Certainly. 

Mr.  Nelson.  Will  the  Senator  from  Colorado  allow  me  to  suggest  that  we  can  meet 
the  suggestion  he  has  made,  and  it  will  not  mar  the  bill  in  the  least  in  that  respect, 
by  striking  out,  in  line  15,  the  words  "upon  the  request  of  the  Secretary  of  Com- 
merce?" 

Mr.  Teller.  I  think  that  will  do  it. 

Mr.  Nelson.  If  that  is  satisfactory,  it  will  not  change  the  effect  of  the  l)ill.  If  the 
Senator  from  Colorado  will  move  that  amendment,  I  shall  have  no  ol)jection  to  it. 

Mr.  Teller.  I  move,  then,  to  strike  out  in  line  15  the  words  "upon  the  request  of 
the  Secretary  of  Commerce." 

The  President  pro  tempore.  The  Senator  from  Colorado  moves  an  amendment. 
The  Chair  will  entertain  the  motion  now,  although  there  is  an  amendment  pending. 

Mr.  Teller.   As  this  is  an  informal  amendment,  I  hojie  it  will  l)e  entertained. 

The  President  pro  temiwre.  The  Chair  will  entertain  the  amendment.  The  ques- 
tion is  on  agreeing  to  the  amendment  proposed  by  the  Senator  from  Colorado,  which 
will  ])e  stated. 

The  Secretary.  In  line  15,  jtage  5,  it  is  i^roposed  to  strike  out  the  words  "upon 
the  request  of  the  Secretary  of  Commerce." 

The  amendment  was  agreed  to. 

Mr.  Teller.  Mr.  President,  I  merely  wish  to  say  a  word  about  the  Statistical 
Bureau.  It  is  a  matter  I  have  had  considerably  at  heart,  and  I  know  some  other 
Senators  have.  I  do  not  know  but  that  we  have  it  now  so  that  it  is  thoroughly  com- 
plete and  efficient.  I  can  hardly  tell  by  hearing  the  bill  read,  and  nobody  else  can, 
for  that  matter. 

What  I  think  we  need  is  that  when  the  Director  of  the  Mint  shall  make  up  his 
estimate  of  the  amount  of  gold,  when  the  Comptroller  of  the  Currency  shall  make  up 
his  estimate  or  his  statement,  that  somebody,  before  those  statements  become  pub- 
lished or  become  a  part  of  a  report,  shall  oversee  them.  I  do  not  know  whether  this 
bill  provides  for  that  or  not.  I  do  not  kiiow  whether  it  would  be  regarded  as  offen- 
sive to  the  bill  if  I  were  to  suggest  it.     I  believe  that  is  what  we  ought  to  have. 

Mr.  Nelson.  I  will  say  to  the  Senator  from  Colorado  that  I  think  the  amendment 
of  the  Senator  from  Wisconsin  will  reach  the  point  to  which  he  has  referred. 

Mr.  Teller.  The  other  day  I  understood  the  Senator  from  Missouri  to  indicate 
that  to  his  mind  the  Chief  of  the  Bureau  of  Statistics  had  control  of  these  estimates 
of  other  departments.  I  challenge  that.  I  think  perhaps  he  did  not  mean  that.  He 
meant  to  say,  I  guess,  that  the  Chief  of  the  Bureau  was  acting  under  authority  of 
law.  That  is  right.  But  he  has  no  power  over  the  Director  of  tlu'  Mint.  He  could 
not  change  his  figures  if  he  wanted  to,  except  to  change  them  in  his  own  report.  He 
could  see  that  the  Director  of  the  Mint  made  his  figures  conform  to  those  of  the 
Bureau  of  Statistics.     That  is  where  the  trouble  comes  in. 

Mr.  Allison.  Mr.'Presi<lent,  I  should  like  to  say  a  word  before  the  amendment  is 
acted  upon.  As  I  understand,  it  is  now  projiosed,  by  the  scope  of  this  ])ill,  to  transfer 
to  the  new  Department  all  matters  relating  to  statistical  information,  and  the  auiend- 
ment  offeretl  by  the  Senator  from  Wisconsin  proposes  to  give  this  new  Secretary  the 
power  to  subordinate  all  other  departments  to  this  Department,  because,  whatever 
he  asks  from  them  they  are  bound  to  furnish,  if  I  understand  the  purport  of  the 
amendment. 

Mr.  CuLLOM.  All  other  departments? 

Mr.  Allison.  All  other  departments.  That  is  to  say,  if  the  Secretary  of  Commerce 
wishes  any  information  or  statistics  as  respects  anything  connecte(l  with  another 
department,  it  shall  l)e  the  duty  of  that  department  to  furnish  it. 

Now,  I  doubt  very  much  Avhether  it  is  worth  while  for  us  to  insert  in  this  bill  a 
provision  of  that  charac^ter,  even  applying  to  the  departments.  It  is  true  that  the 
amendment  originally  proposed  has  l)een  amended  so  as  to  strike  out  liureaus,  but 
that  does  not  meet  my  objection  thoroughly.  I  understand  now  that  this  bill  trans- 
fers the  Bureau  of  Statistics  from  the  Treasury  Department  to  the  Department  of 


LEGISLATIVE    HISTORY  481 

Commerce,  the  object  beinp;  to  have  that  Dcpartiiiciit  do  wliat  tlio  Bureau  of  Statis- 
tios  in  tho  Treasury  IVpartinoiit  is  now  doinir.     Am  1  ri<.'iit  in  that  respect? 

Mr.  Nki.son.  Certainly  the  Senator  is  ri;,'ht.  If  he  will  allow  me  in  this  connec- 
tion, I  wish  to  say  to  liim  that  in  one  respect  lie  misapjirehends  the  hill.  There  is 
iio  attempt  to  transfer  any  statistical  division  of  the  (iovernnu-nt,  excei)t  what 
is  known  as  tlie  lUireau  of  Forei.^n  t'ominerce,  wliicli  used  to  he  called  the  Bureau  of 
Statistics,  in  the  State  Department.  That  is  transferred  to  the  new  Department  and 
consoli(hited  witli  the  15ureau  of  Statistics,  now  in  the  Treasury  Department,  with  a 
view  (if  makinji  one  entire  Bureau  of  Statistics.  That  is  the  only  consolidation. 
Till'  hill  does  not  attempt  to  enlarge  the  scope  of  the  work  that  is  now  conferred 
uj)on  the  Bureau  of  Statistics. 

.Mr.  Ai.i.iso.v.  1  am  >rlad  to  liave  the  information.  That  wa.s  really  my  understand- 
ing, and  I  intended  to  state  it. 

Now,  if  that  he  true,  as  I  understand  it  to  he  true,  I  submit  that  the  amenthnent 
now  offered  by  the  Senator  from  Wisconsin  is  not  necessary,  becau.se  it  i.s  the  duty  of 
the  Bureau  of  Statistics  to  collate  and  compile  the  information  which  it  is  now  pro- 
posed to  provide  for  l)y  specific  statute.  I  have  before  me  the  requirements  with 
respect  to  the  Bureau  of  Statistics,  and  I  find  that  they  end)race  jiractically  every- 
thing connected  with  our  internal  and  external  conmierce,  and  they  also  contain 
every  jn-oper  thing,  1  should  think,  as  respects  the  industries  of  the  country. 

^Ir.  Nelso.n.  1  may  say,  if  the  Senator  will  allow  me  to  interrupt  him  riglit  here, 
that  that  was  the  very  reason  w  hy  we  thought  it  was  appropriate  to  the  Department 
of  Commerce. 

Mr.  Allison.  Very  well.  The  Senator  does,  not  understand  me  to  oppose  this 
transfer  or  to  oppose  his  bill.  I  suppose  a  little  bit  of  criticism  on  this  bill  as  it 
occurs  to  Senators  on  the  fioor  can  not  be  considered  as  hostile  to  the  measure. 

i\Ir.  CocKRELL.  Will  the  Senator  from  Iowa  read  that  section? 

Mr.  Ci'LLO.M.  Let  ns  hear  it  read. 

Mr.  Allison.  I  will  not  read  the  whole  of  it,  because  it  is  an  elaborate  arrange- 
ment and  seems  to  be  very  well  prepared. 

Tho  Chief  of  the  Bureau  of  Statistics  .'iliall,  under  tlie  direction  of  tlic  Secretary  of  the  Treasury, 
annually  prepare  a  report — 

That  is  what  he  is  to  do — 

Tlie  Chief  of  the  Bureau  of  Statistics  shall,  under  the  direction  of  the  Secretary  of  the  Treasury, 
annually  prepare  a  report  on  the  statistics  of  commerce  and  navigation  of  the  United  States  with  for- 
eign couiuries  to  the  cluse  of  the  fiscal  year.  Such  accounts  shall  comprehend  all  goods,  wares,  and 
niercluuKlise  exported  from  the  t'nited  States  to  other  countries;  all  goods,  wares  and  merchandise 
importeil  into  the  United  States  from  other  countries,  and  all  navigation  employed  in  the  foreign 
trade  of  the  United  States;  which  facts  shall  be  stated  according  to  the  principles  and  in  the  manner 
hereby  directed. 

And  then  the  manner  is  set  forth  in  considerable  detail,  which  I  will  not  read. 

Then  another  section  provides  what  the  collectors  of  customs  shall  do  in  order  to 
enable  him  to  prepare  these  statistks,  and  there  are  a  great  many  other  things  which 
he  is  obliged  to  do. 

The  Chief  of  the  Bureau  of  Statistics  shall,  under  the  direction  of  the  .secretary  of  the  Treasury, 
prepare  and  publish  monthly  reports  of  the  exports  and  imports  of  the  United  States,  including  the 
quantities  and  values  of  goods  \varehouse<i  or  wilhcirawn  from  warehouse,  and  such  other  statistics 
relative  to  the  trade  and  industry  of  the  country  as  the  Secretary  of  the  Treasury  may  consider 
expedient.  * 

Now,  I  submit  to  the  Senator  from  Minne.«otathat  it  will  be  impo.«sible,  as  I  con- 
ceive it,  for  this  new  Secretary  to  .secure  these  statistics  in  any  way  except  from  the 
Treasury  Department.  He  will  not  have  m  his  Department  that  U]ion  which  this 
infonnation  can  be  foundeil  or  from  which  it  can  he  deriveil.  All  this  information 
as  respects  exports  and  imjiorts  is  necessarily  m  the  hands  of  the  Secretary  of  the 
Treasury  and  within  the  purview  of  that  Secretary.  So  I  think  there  will  be  diffi- 
culty in  transferring  this  particular  duty  from  the  Secretary  of  the  Treasury  to  the 
new  Secretary. 

INIr.  LoiKiK.  Do  I  understand  the  Senator  from  Iowa  to  mean  that  because  the 
Secretary  has  to  get  this  information  from  collectors  of  customs,  therefore  it  ought  to 
remain  under  the  Treasury  Department? 

Mr.  Allison.   No,  sir;  the  Senator  should  not  so  understand  me. 

Mr.  Lodge.   Will  the  Senator  kindly  explain  to  me  what  the  objection  is? 

]Mr.  Allison.  I  undertake  to  .say  that  it  is  not  a  practicable  tiling  to  undertake  to 
transfer  to  the  new  Bureau  all  the  warehouses  of  the  United  States  which  contain 
foreign  goods.  It  is  not  practicatile  to  transfer  to  the  new  Secretary  the  duty  of 
making  a  monthly  statement  ol  the  value  of  goods  in  warehouse  or  withdrawn  from 
warehouses,  exceiit  he  obtains  the  information  through  the  Secretary  of  the  Treas- 

27028—04 31 


482  LEGISLATIVE    HISTORY 

nry,  unless  the  new  Secretary  is  to  take  upon  himself  the  control  and  direction  of 
the  importation  of  merchandise  and  the  collection  of  revenue  thereupon. 

Mr.  Lodge.  I  understand — and  the  Senator  will  correct  me  if  I  am  wrong — the 
officers  in  charge  of  the  warehouses  and  the  collectors  of  customs,  etc.,  now  transmit 
these  statistics  to  the  Chief  of  the  Bureau  of  Statistics.  The  Chief  of  the  Bureau  of 
Statistics  does  not  collect  them  himself  at  the  warehouses  and  ports.  They  are 
transmitted  to  him  l)y  those  officers. 

Mr.  Allison.  They  can  l)e  by  law.  They  are  not  now  authorized  to  be  transmitted 
to  the  Bureau  by  any  statute  I  know  of. 

Mr.  Lodge.  I  thought  that  was  what  the  Senator  read. 

Mr.  Allison.  1  have  no  doubt  the  Chief  of  the  Bureau  of  Statistics  is  in  communi- 
cation with  these  collectors  for  the  jjurpose  of  securing  information. 

Mr.  Lodge.  I  mean  thatihe  Chief  of  the  Bureau  of  Statistics  lias  a  large  mass  of 
statistics,  as  we  all  know,  gathered  from  the  collectors  of  our  ports  and  from  ware- 
houses, etc.  Now,  he  does  not  himself  go  around  to  the  various  jwrts  and  get  them. 
They  must  be  transmitted  to  him  bv  those  officers. 

Mr.  Allison.  That  may  be,  but  they  are  now  transmitted  necessarily  to  the  Secre- 
tary of  the  Treasury. 

Mr.  Lodge.  Certainly;  and  by  him  sent  to  tlie  Bureau  of  Statistics. 

Mr.  Allison.  Yes. 

Mr.  IjODCiE.  Now,  suppose  the  Bureau  of  Statistics  were  moved  into  the  Depart- 
ment of  Commerce.  We  are  proposing  to  transmit  from  the  State  Department  the 
statistics  gathered  by  consuls. 

Mr.  Allison.  Very  well. 

Mr.  Lodge.  Why  can  not  the  Treasury  transmit  those  gathered  from  collectors? 

Mr.  Allison.  Possibly  it  can.  1  am  only  saying  that  possil)ly  there  will  be  a  little 
difficulty  in  providing  that  the  head  of  one  dei)artment  shall  transfer  monthly  to  the 
head  of  another  department,  or  to  a  bureau  of  another  <le])artment  all  these  statis- 
tics.    It  will  require  duplication,  undoubtedly,  but  I  make  no  special  point  on  that. 

The  law  continues: 

The  Chief  (if  the  Burcuu  of  Statistics  sliall  prepare  an  annual  stntcniciit  of  all  inofclianilise  passing; 
in  traTisit  throu.uh  the  rnitc<l  States  to  forei.un  countries,  each  ilescriiition  of  lucrcliandisc,  so  far  as 
practicable,  warehonsiMl,  withdrawn  from  warehouse  for  consumption,  lor  exiiortation,  for  transjior- 
tation  to  other  districts,  and  reujaining  in  the  warehouse  at  the  end  of  each  fiscal  year. 

Of  course  this  can  all  be  furnished  by  the  Treasury  Department  to  the  new  Depart- 
ment, if  necessary,  and  that  is  the  way  it  will  have  to  obtain  it — through  customs 
officers  and  not  through  any  officers  that  the  Secretary  of  Commerce  can  possibly 
employ. 

Now,  then,  in  addition  to  that,  the  law  provides: 

The  Chief  of  the  Bureau  of  Statistics  shall  collect,  digest,  and  arrange,  for  the  use  of  Congress,  the 
.statistics  of  tlie  manufactures  of  the  United  States,  their  localities,  sources  of  raw  material,  markets, 
exchanges  with  the  producing  regions  of  the  country,  transportation  of  products,  wages,  and  sucli 
other  conditions  as  are  found  to  affect  their  pro.sperity." 

Now,  that  is  all  done  under  the  law  by  this  Bureau  which  is  to  be  transferred  to 
the  new  Department,  and  I  submit  that  with  this  statement  it  is  unnecessary  for  us 
to  inject  into  this  new  statute  mandatory  ])rovisions.  I  think  a  head  of  a  department 
when  called  ujion  for  statistical  information  will  furnish  it  as  a  matter  of  comity,  and 
I  do  not  think  one  Secretary  should  be  subordinated  to  another  in  this  regard.  There- 
fore I  find  more  ample  provision  made  here  than  1  had  supposed  the  other  day  when 
I  was  speaking  somewhat  of  the  imjiortance  of  what  the  Senator  now  proposes  and 
what  is  proposed  in  this  bill,  and  to  whii-h  I  cordially  agree.  1  have  no  fault  to  find 
with  it,  but  I  think  the  method  now  adojjted  is  one  which  lias  pi-oved  satisfactory 
and  which,  with  an  efficient  chief  of  bureau,  will  gather  under  this  new  Secretary  all 
tlie  information  from  every  source  available  which  will  be  required  in  this  annual 
statement. 

Mr.  Lodge.  I  should  like  to  ask  the  Senator  a  question,  if  it  does  not  disturb  him. 

Mr.  Allison,  ('ertainly. 

Mr.  Lodge.  Whether  the  Bureau  of  Statistics  remains  where  it  is  or  whether  it  is 
transferred,  it  will  perform  the  duties  which  the  Senator  has  read  from  the  original 
statute  and  are  rejieated  and  amplified  here? 

Mr.  Allison.  Undoubtedly. 

]\lr.  Lod(;e.  Now,  we  have  gone  to  work  and  imposed  on  the  census  the  task  of 
collecting  the  same  statistics  that  this  Bureau  is  collecting  from  month  to  month  and 
year  to  year.  Why  should  we  duplicate  this  work?  Why  can  we  not  in  some  way 
consolidate  the  statistic;al  work  instead  of  having  it  done  twice? 

Mr.  Allison.  If  the  Senator  from  Massachusetts  understands  me  to  propose  du- 
plication  

Mr.  Lodge.  ()h,  I  do  not. 


LEGISLATIVE    HISTORY  483 

'S\v.  Allison.  I  must  iH'rt;uiily  ilisalmsc  liis  niiml.  I  am  cmlcavoriiit,'  to  do  ox- 
actly  wliat  tlio  roiuiuitti-e  is  t-iuU-avuriiij;  to  do,  Imt  I  am  critiiisinj,'  now  a  sujit^es- 
tioii  nuuit'  hy  tlie  Senator  from  Wisi'oiisin,  whicli  I  aj^rceil  to  practically  in  advance 
the  ((tlicr  day,  hci'ause  1  di<l  not  know  then  in  detail  what  1  see  now  on  lookinji  at 
the  statnte-tliat  tliere  is  anijile  and  complete  pDwer  now  to  <;atherall  that  is  |ios- 
sihle  to  lie  gathered  hy  the  new  Sei'retary.  Therefore  it  is  that  I  want  the  Secrt'tary 
to  have  the  widest  Hco])e,  and  that  tlie  best  comity,  if  I  may  nse  that  term,  shall  pre- 
vail between  the  secretaries,  and  not  have  clerks  of  one  department  write  letters  to 
the  other,  an<l  make  it  the  duty  of  tliat  other  to  respond  thereto. 

Mr.  QiAKLEs.  If  it  will  not  interrupt  the  Senator  from  Iowa,  I  should  like  to  make 
a  suji^estion. 

Mr.  Allison.  Certainly. 

Mr.  QiAKLKs.  The  fact  that  the  statistics  gathered  in  that  IWin-an — as  the  Si-nator 
has  read  from  the  statute — are  valnal)le  and  accurate  does  not  meet  the  case,  I  suj;- 
gest  to  the  Senator.  ]>et  me  illustiate  from  the  statute  which  he  has  ju.st  read.  It 
reipiires  the  Bureau  of  Statistics  to  feather  full  information  rej^ardinji  manufactures, 
for  instance.  Is  there  any  necessity  in  the  decennial  year,  when  tlu^  census  is  ex- 
pressly chargeil  with  tlie  duty  of  gathering  those  identical  statistics,  of  having  the 
work  duplicated  by  that  Bureau?  Under  jny  amendment,  as  the  Senator  will  see, 
there  would  be  a  discretion  k'ft  in  this  otiicer  to  suspend  the  work  of  the  Bureau  for 
the  ])articular  year  when  the  census  is  charged  with  the  duty  of  gathering  those 
identical  statistics,  and  there  is  no  object  in  paying  for  them  twice. 

^Ir.  Allison.  I  agree  thoroughly  with  tin  suggestion  nuide  by  the  Senator,  but  that 
is  a  criticism  upon  the  census  bill  wliich  we  passed  two  years  ago.  If  it  is  true  that 
these  statistics  are  as  comprehensive  as  the  statistics  of  the  census,  tlien  we  should  not 
have  provided  for  them;  but  I  think  tlie  decennial  census  is  intended  for  a  wider  and 
perhaps  more  important  purjiose — that  of  showing  in  detail  the  growth  and  develo])- 
nient  of  our  country  for  each  decade,  so  that  we  can  compare  the  census  of  1900  with 
the  census  of  ISOOand  ascertain  as  respects  our  agricultural,  our  manufacturing,  our 
farming,  and  our  mining  ju'oduction  the  progress  and  development  made  in  ten  years. 

Therefore,  decennially  we  have  in  the  past — it  may  not  have  been  wise — ])rovi<Ud 
for  an  enlarged  and  specific  and  detaileil  statement,  whiidi  it  is  not  expected  will  be 
done  in  the  Bureau  of  Statistics.  It  is,  as  a  matter  of  fact,  impossil)le  that  it  shall 
he  done,  and  it  is  impossilile  that  any  department  can  do  it  every  year.  We  shall 
have  expended,  when  we  have  finished  this  decennial  census,  ten  or  twelve  million 
dollars,  l)ecause  every  home  has  been  visited,  every  farm  lias  been  visited,  every 
niamifacturing  industry  has  been  visited,  and  the  details  have  been  shown,  for  this 
decennial  period,  as  to  the  numlier  of  men  employed  in  eacli,  as  to  the  wages  paid 
in  each,  so  far  as  practicable,  because  all  that  information  is  difficult  to  secure. 

I  suggested  yesterday  that  when  the  Senator  from  Wisconsin  brings  in  his  elabo- 
rate provision  here  for  a  continuation  of  the  census,  without  regard  to  decennial 
periods,  making  it  a  bureau  or  an^otfice  in  some  one  of  the  departments  of  the  Gov- 
ernment, then  is  the  time  to  arrange  for  that  class  of  statistics  specifically  and,  per- 
haps, more  in  detail  for  the  impositif)n  of  new  duties,  if  there  are  additional  duties 
required,  upon  the  Chief  of  the  Bureau  of  Statistics. 

Therefore  it  is,  Mr.  President,  that  I  would  rather  we  would  not  now  deal  with 
the  new  ]»owers  that  are  proposed  here  as  respects  the  gathering  of  statistics,  but 
that  we  should  rest  for  the  moment,  at  least  until  we  get  this  new  Department  into 
play,  upon  the  v»'ry  comprehensive  statute  and  the  comprehensive  powers  that  are 
now  given  to  the  Chief  of  the  Bureau  of  Statistics,  which  Bureau  is  to  be  here  trans- 
ferred.    That  is  my  general  iilea. 

I  may  lie  mistaken  about  it,  but  I  undertake  to  say  that  it  will  be  impossilile  for 
us  each  and  every  year  to  deal  at  large  with  the  (juestion  of  our  occupations,  our 
wages,  our  labor,  our  manufactures,  our  mines,  our  forests,  and  our  agriculture  in 
detail  as  they  are  dealt  with  every  ten  years.  So,  after  further  consideration,  I 
believe  it  is  unwise  for  us  now  to  legislate  whereby  we  shall  enlarge  the  duties  and 
powers  of  this  new  Secretary  so  as  to  make  every  otlier  Secretary  who  hajipens  to 
have  a  statistical  linreau  in  his  I>epartment  subordinate  to  the  new  Secretary,  as  will 
])e  the  case  if  this  amendment  is  agreed  to. 

I  hope  the  Senator  from  Wisconsin  will  withdraw  the  amendment  and  allow  the 
law  to  stand,  as  I  think  it  does  stand,  with  comprehensive  powers  as  resjiects  the 
gathering  of  statistics.  I  am  sure  that  every  Secretary  of  any  department  will  gladly 
furnish  the  statistics  in  detail  when  calle(l  for,  and  they  will  furnish  them,  and  do 
furnish  tlii'iu,  in  their  annual  reports,  which  are  alwavs  transmuted  right  into  the 
Statistical  Abstract. 

Mr.  LoDci:.  Mr.  I'resirlent,  as  1  understand  it,  we  have  had  censuses  of  late  which 
were  intended  to  chronicle  the  decennial  growth  of  which  the  Senator  has  spoken. 
^Ve  added  one  subject  to  another  until  by  the  time  the  census  was  published  the 


484  LEGISLATIVE   HISTORY 

statistics  were  completely  obsolete,  and  nobody  tbougbt  of  using  them.  In  fact  they 
became,  except  for  the  statistics  of  population,  such  gloomy  failures,  that  is,  for  cur- 
rent knowledge,  that  at  the  last  census  we  undertook  to  change,  and  did  almost 
completely  change  our  s^'stem.  We  provided  that  we  should  have  a  very  limited 
number  of  subjects  and  get  the  returns  in  two  years,  and  then  that  the  other  sub- 
jects on  which  we  wanted  detailed  statements  should  be  referred  to  a  permanent 
bureau  to  report  upon  them  from  time  to  time.  That  seems  to  me  to  be  an  intelli- 
gent way  of  dealing  with  it. 

If  we  are  to  have  a  permanent  bureau  to  deal  with  these  statistics,  why  not  con- 
centrate it  in  one  hand?  We  have  bureaus  of  statistics  scattered  about  in  almost 
every  department  of  the  Government,  publishing  and  repul)lishing — many  of  them — 
the  same  information.  I  do  not  care  whether  the  central  bureau  is  put  under  one 
department  or  another,  but  it  seems  to  me  we  ought  to  have  one  l^ureau  of  statistics 
and  that  all  statistics  should  be  sent  to  that  bureau,  no  matter  where  3'ou  place  the 
bureau.  Then  we  shall  have  one  issue.  We  will  not  duplicate.  We  will  not  spend 
twice  as  much  money  as  we  need.  We  will  get  reports  on  different  subjects  from 
time  to  time  with  some  degree  of  freshness.  W^e  shall  save  more  money  and  get  bet- 
ter returns,  it  seems  to  me,  in  that  way  than  any  other. 

The  plea  I  am  making  is  the  old  plea  that  I  have  heard  made  here  by  many  Sena- 
tors on  other  subjects,  for  a  concentration  of  all  the  bureaus  in  the  Government  which 
are  doing  the  same  work. 

The  Census,  which  is  the  great  statistical  l>ureau  of  the  Government,  it  seems  to 
me,  ought  to  be  the  nucleus  around  which  all  the  others  should  gather,  and  the 
Census,  the  Bureau  of  Statistics,  the  Bureau  of  Commercial  Statistics,  and  the  Bureau 
of  Foreign  Statistics  should  all  be  grouped  together  under  one  head,  and  we  should 
have  all  the  statistics  gatliered  in  the  different  departments  transmitted  by  the  heads 
of  those  departments  to  the  central  bureau.  I  do  not  think  anyone  can  question  that 
we  would  get  better  results  very  much  quicker  and  that  we  would  simplify  and  cheapen 
the  whole  of  this  important  branch  of  the  Government. 

I  welcomed  this  l)ill  because  it  seemed  to  be  making  an  advance  in  that  precise 
direction.  I  was  very  sorry  to  see  that  the  Census  had  been  stricken  out  of  it.  I 
think  the  Census  ought  to  be  there.  I  think  the  Bureau  of  Statistics  ought  to  l)e  there. 
I  tried  to  arrange  the  part  relating  to  the  Bureau  of  Foreign  Commerce  so  that  all  that 
was  statistical  might  be  delivered  by  the  State  Department  to  the  new  Department. 

It  seems  to  me  that  we  ought  to  apply  the  same  system  to  the  Treasury — that  let 
that  which  is  statistical  in  the  Treasury  be  transmitted  to  the  new  bureau  formed 
under  the  new  Department.  That,  it  seems  to  me,  should  be  the  true  object  for 
which  we  should  try  to  legislate. 

As  I  understand  it,  the  amendment  of  the  Senator  from  Wisconsin  is  predicated  on 
the  return  of  the  Cens  is  to  this  Department,  but  wherever  we  put  the  Census  I  think 
we  ought  to  aim  by  our  legislation  to  bring  all  the  other  statistical  bureaus  around  it 
and  consolidate  them  with  it,  so  far  as  it  is  possible  to  be  done. 

Mr.  Allison.  Now,  Mi'.  President,  one  word.  The  Senator  from  Massachusetts 
seems  to  think  that  I  am  opposed  to  what  he  is  for. 

Mr.  Lodge.  Not  the  least  of  it. 

Mr.  Allison.  I  agree  with  him  in  everything  he  says  appertaining  to  the  consoli- 
dation of  the  different  statistical  bureaus  wherever  it  is  practicable.  That  is  done 
now  by  this  bill,  and  I  am  for  it.     I  do  not  object  to  it. 

INIr.  Si'ooNER.  If  the  Senator  will  allow  me,  what  is  the  particular  provision  to 
which  he  does  object? 

Mr.  Allison.  I  will  endeavor  to  state  the  particular  provision  to  which  I  object. 
It  is  that  now,  having  ample  provision  alreadj'  made,  as  I  understand  it,  this  amend- 
ment which  I  see  before  me  in  the  hands  of  the  Senator  and  which  he  is  ready  to 
comment  upon  I  have  no  doubt,  when  I  take  my  seat,  ])rovides  that  the  Secretary  of 
Commerce  shall  have  complete  c(jntrol — that  means  something — of  the  gathering 
and  distributing  of  statistical  information.  Now,  that  is  number  one.  I  submit 
that  that  goes  beyond  the  scope  of  the  original  purpose  and  intent  of  the  bill,  which 
I  am  for  and  which  I  am  going  in  my  feeble  way  to  support  as  best  I  can. 

This  Secretary  is  to  have  all  this  within  his  scojie  and  purview,  to  begin  with. 
He  is  tlien  to  get  it  first  from  original  sources,  if  he  chooses.  Under  the  scope  of 
this  amendment,  as  I  understand  it — I  may  not  be  able  to  understand  it;  I  hope  to 
have  it  explained  if  I  do  not — if  the  Secretary  chooses,  instead  of  entering  upon  an 
original  investigation,  he  can  call  ujton  the  heail  of  any  other  department  for  informa- 
tion which  heisto  have  the  complete  control  of,  and  it  is  made  the  duty  of  the  heads 
of  the  departments  to  hirnish  to  him  what  statistical  da*;a  they  have. 

Now,  to  answer  the  Senator  from  Wisconsin  [Mr.  Spooner],  my  criticism  is  that, 
in  establishing  this  Department  of  Commerce,  we  had  better  proceed  in  such  a  way 
as  to  give  the  Secretary  additional  powers,  if  he  needs  them,  but  not  for  the  moment 


LEGISLATIVE    HISTORY  485 

to  civo  liim  tlio  powers  that  now  devolve  upon  tl\e  heads  of  other  Dei)artineiits  wliich 
are  traiisferreil  to  liim  l)y  this  hill.  Here,  is  an  elai)orate  statute  alxmt  the  IJiireaii 
of  Statisties.  If  we  want  to  amend  that  statute,  if  it  is  not  comiJrehensive  enonf^h, 
K>t  us  deal  with  it  after  we  have  made  this  si'^rrej^ation,  if  1  may  use  that  term,  of 
l)ureaus  from  one  departnu'ut  to  anotlu'r.     Tliat  is  my  eriticism. 

On  yesterday  1  was  ratlu'r  of  the  opinioTi  that  something ouj^ht  to  be  inserted  here, 
and  I  do  not  know  but  tliat  1  said  so  to  the  Senator  from  Wisconsin;  l)ut  when  I 
came  to  examine  the  statuti-  as  ri'speets  the  Chief  of  the  llureau  of  Statisties,  I  found 
a  <'omprehensive  and  carefully  prepared  statutt',  under  which  we  have  acteil  for 
twenty  years  without  any  ^reat  ditiiculty,  and  under  which  we  have  had  luimerons 
statistical  abstracts  of  jrreat  value.  They  may  not  be  as  compn^hensive  as  they 
ouj,'lit  to  be  or  will  be  with  this  ni'W  head,  who,  it  is  to  be  sn])i)oseil,  will  ^ive  par- 
ticular attention  to  it  and  see  to  it  that  we  have  a  volume  which  will  contain  all  the 
information  respectini;  our  industries  and  occupations.  What  1  want  to  do  is  to  rest 
upon  the  statutes  that  we  have  ami  to  transfer  this  Bureau  as  i)roposeil  to  the  new 
Department  of  Commerce;  that  is  all. 

I\Ir.  Sco'iT.  The  Senator  is  in  favor,  then,  of  establishinfr  the  new  Department? 

Mr.  Allison.  The  Senator  from  West  Virginia  must  have  been  absent  a  part  of 
the  time  while  I  have  been  speaking. 

Mr.  Scorr.  No,  sir;  I  have  been  here  all  the  tinie. 

Mr.  Allison.  I  have  been  trying  to  say  over  and  over  again  that  I  am  in  favor 
of  this  bill,  and  I  have  been  trying,  in  a  feeble  way,  perhaps,  to  suggest  amendments 
which  are  proper.  But  just  now  I  am  absolutely  in  defense  of  the  committee, 
becanse  the  Senator  from  Wisc(jnsin  [Mr.  (iuarles]  proposes  an  amendment,  and  I 
am  rather  inclined  to  ask  the  committee  to  resist  the  amendment,  because  there  is 
enongh  in  the  bill  now  for  our  present  purposes. 

Mr.  Nelson.  It  is  about  the  hour  of  2  o'clock.  I  ask  unanimous  consent  that  we 
may  continue  the  consideration  of  this  bill. 

The  Senate,  as  in  Committee  of  the  Whole,  resumed  the  consideration  of  the  bill 
(S.  569)  to  establish  the  Department  of  Commerce.     [January  22,  1902.] 

The  Presiding  Officer.  The  pending  question  is  on  the  amendment  offered  by 
the  Senator  from  AVisconsin  [Mr.  Quarles]. 

Mr.  Spooner.  Mr.  President,  I  listened  to  the  Senator  from  Iowa  [Mr.  Allison] 
with  a  great  deal  of  interest  and  a  great  deal  of  pleasure.  I  do  not  know  of  anyone 
who  is  in  the  legislative  public  service  who,  taken  all  in  all,  is  as  familiar  with  the 
various  departments  of  the  Government  as  he  is,  and  I  am  accustomed  to  defer  to 
his  opinion.  But  I  hardly  think  the  criticism  which  he  makes  upon  the  amend- 
ment proposed  by  my  colleague  is  a  just  one.  There  are  a  number  of  bureaus  trans- 
ferred from  various  departments  to  this  proposed  Department  of  Commerce,  includ- 
ing tlie  Bureau  of  Statistics.  The  duties  and  powers  of  the  Chief  of  the  Bureau  of 
Statistics  are  estal)lished  by  statute.  They  are  very  broad;  but  they  are  not  inter- 
fered with,  as  I  understand  it,  by  this  ])ill  at  all. 

Mr.  Allison.  Not  in  the  slightes,t  degree. 

Mr.  Spooner.  Nor  do  I  un<lerstand  it  to  be  the  purpose  of  this  amendment  to  inter- 
fere with  them.  The  duties  and  functions  of,  I  suppose,  every  bureau  transferred 
from  any  department  to  this  proposed  new  Department  are  defined  by  law,  although 
many  of  those  duties,  and  perhaps  nearly  all,  are  discharged  under  the  direction  of 
the  particular  Cabinet  officer  in  whose  department  they  now  are.  This  proposed  bill 
works  no  change  in  that  respect.     It  provides — 

That  nil  laws  prescribing  the  work  and  defining  the  duties  of  the  several  bureaus,  ofl'uos,  depart- 
ments, or  branches  of  the  public  service  by  this  act  transferred  to  and  made  a  part  of  the  Deiiartnient 
of  Commerce  shall,  so  far  as  the  same  are  iiot  in  conflict  with  the  provisions  of  this  act,  remain  in  full 
force  and  effect  until  otherwise  jirovided  by  law. 

It  is  simply  a  transfer  of  these  l)ureaus  from  one  department  to  another  more  in 
harmony  with  the  general  purpose  for  which  the  new  Department  is  created.^  The 
law  in  relation  to  the  Bureau  of  Statistics,  I  understand,  is  not  changed  by  this  pro- 
jiosed  bill,  nor  do  I  think  it  is  proposed  l)y  the  amendment  introduced  by  my  col- 
league to  change  it.  That  amendment  is  limited  to  the  collection  of  statistics.  Of 
course,  there  are  a  large  number  of  bureaus  here  transferred  which  deal  with  specific 
subjects,  as  the  Fish  Comnnssion,  the  Light-House  Board,  and  the  Bureau  of  Navi- 
gation. A  large  number  of  bureaus  are  transferred  with  the  same  officers,  the  same 
administration,  the  same  functions  to  perform. 

Now,  as  to  the  matter  of  statistics,  my  colleague,  moved  of  course  by  the  general 
exi«-ession  which  was  made  here  the  other  day  in  favor  of  a  centralization  of  the 
functicms  of  collecting  and  publishing  statistics,  has  drawn  this  amendment  relating 
only  to  that  jjarticular  subject: 

The  Secretary  of  Commerce  shall  have  complete  control — 


486  LEGISLATIVE    HISTORY 

Perhaps  that  language  is  a  httle  stronger  than  need  be,  although  that  means  only 
adniinistrative  control;  J  think  it  does  not  mean  any  more  than  to  say  that  these 
duties  shall  be  discharged  under  the  direction  of  these  various  officers,  except  in  one 
particular: 

Shall  have  complete  control  of  the  work  of  gathering  and  distribnting  statistical  iiifdrmation  nat- 
urally relating  to  the  subjects  confided  to  his  Department— 

That  is,  to  the  work  of  gathering  and  distributing  statistics  to  be  obtained,  as 
pointed  out  by  law.  This  power  ought  to  ))e  given  to  a  Cabinet  officer  whose  de- 
partment is  charged  with  the  general  duty  of  collecting,  distributing,  and  jniblishing 
statistics,  because  it  will  enable  him  to  stop  in  some  measure  the  duplication  of  sta- 
tistics. 

When  this  bill  was  introduced,  the  Geological  Survey  was  transferred  to  this 
Department  of  Commerce.  There  were  some  good  reasons,  it  seemed  to  me,  why  it 
should  be  transferred.  If  it  had  remained  in  the  bill  this  ijowerwonld  have  enabled 
the  Secretary  of  Commerce  to  prevent  a  duplication  of  some  investigations  and  re- 
ports of  a  statistical  nature  which  confessedly  now,  at  very  large  expense,  are  being 
duplicated. 

In  other  words,  it  was  stated  here  the  other  day,  I  think  by  the  Senator  from 
Iowa,  that  under  the  present  system  at  large  expense  statistics  covering  the  same 
subjects  are  being  taken  and  published  by  different  departments.  It  is  costly  and 
it  is  absurd.  I  know  it  was  the  general  purpose  of  this  amendment  to  give  to  the 
Secretary  of  Commerce  control  over  the  work  of  gathering  and  distributing  statistical 
information,  to  the  end  that  he  might,  as  far  as  the  subjects  came  within  his  juris- 
diction, put  an  end  to  this  duplication.  It  only  gives  him  general  administrative 
control,  in  my  judgment.     If  it  does  more  than  that,  it  does  too  much,  perhaps — 

and  to  this  end  said  Secretary  shall  have  power  to  employ  any  or  either  of  the  said  bureaus  and  to 
rearrange  such  statistical  work. 

He  can  not  consolidate  the  l)ureau;  he  can  abolish  the  Imreau.  Bureaus  which 
have  hitherto  existed  under  the  law,  transferred  to  this  Department  of  Connnerce  to 
discharge  the  same  function,  are  still  to  continue,  but  in  the  matter  of  statistical  dis- 
tribution he  is  given  control,  and  I  think  for  a  wise  purpose,  and  we  are  to  assume 
that  it  will  be  exercised  for  a  wise  purpose. 

Mr.  Allison.  I  think  it  will  be. 

Mr.  Spoonek.  I  thought  the  Senator  objected  to  that: 

and  to  distribute  or  consolidate  the  same  as  may  be  deemed  desirable  in  the  public  interest;  and 
said  Secretary  sliall  also  liiivc  authority  to  call  upon  other  departments  of  the  Government  for 

statistical  data  and  rcstdts  obtained  l>y  them. 

Not  authority  to  compel  theut  by  request  to  engage  in  an  original  investigation  to 
suit  his  ])urpose.  They  are  not  subordinated  to  him  or  to  his  Department  in  any 
way.  The  Department  of  Agriculture  collects  a  great  deal  of  very  valuable  statistical 
information.     It  can  better  be  collected  by  that  Department  than  by  any  other. 

Mr.  Allison.  It  is  all  included  in  the  Abstract. 

Mr.  Spooner.  I  know  it  is  all  included  in  the  Abstract,  but  the  point  is  to  concen- 
trate, if  possible,  the  collection  of  statistical  information.  Why  should  not  tlie 
Secretary  of  the  Department  of  ('Ommerce  be  authorized  ))y  law  to  call  upon  other 
departments  for  statistical  information  obtained  ])y  them?  Is  there  anything  at  all 
offensive  to  a  department  in  that  language? 

And  it  is  hereby  made  the  duty  of  such  departments  to  furnish  such  information. 

That  is,  statistical  information  only.  That  does  not  put  any  department  in  any 
way,  in  the  discharge  of  their  general  duties  and  the  general  duties  of  administration, 
under  the  control  of  this  proposed  Secretary  of  Commerce.  He  should  have  a  right 
to  call  on  tlie  de{)artments,  it  seems  to  me,  and  it  is  a  correlative  provision.  It 
requires  them  to  respond  to  his  request.  We  add  to  the  duties  of  the  departments 
all  the  time.  They  are  statutory  officials.  They  are  created  l)y  the  law.  It  is  not 
any  invasion  of  the  dignity  of  the  departments  to  provide  that  for  a  general  public 
purpose,  as  to  the  mere  matter  of  statistics,  the  Department  of  Commerce  shall  be  at 
liberty  to  levy  conti-ilnitions,  so  to  speak,  upon  all  the  other  dei)artments  wliich  col- 
lect statistics  which  should  be  massed  and  published  as  a  whole. 

I  fail  to  see,  unless  it  be  in  the  use  of  the  word  "comi^lete,"  warrant  for  a  just  crit- 
icism of  this  amendment.  It  leaves  the  bureaus  with  the  same  functions.  The  law 
is  continued;  the  officials  and  employees  are  transferred  to  tiie  new  Department  at 
their  present  grade  and  salaries.  The  duties  are  the  same,  exce})t  that  when  you 
come  to  the  mere  matter  of  collecting  statistics — the  distribution  of  statistics — that  is 
put  under  the  general  control  of  the  Secretary  of  Commerce.  Does  my  friend  think 
that  that  is  offensive  or  would  be  projjerly  offensive  to  any  other  department? 


LEGISLATIVE    HISTORY  487 

Mr.  Allisox.  INIr.  President,  this  aiuendinoiit  was  offered  this  morning,  and  my 
attention  liad  not  been  calle<l  to  it.  Tlu'  ian<rnage  "iiaving  conqjlcte  control  of  the 
gatiierinij  of  statistics,"  1  tiiink,  might  lead  to  <'mharrassm('nt.  1  know  perfectly 
well  that  tlu're  is  a  gri'at  deal  of  statistical  information  that  is  valnahle,  1  will  say,  to 
the  farmers  of  the  conntry  that  will  nnt  he  fonnd  in  an  annual  publication  sncli  as 
this  will  be;  and  yet  I  am  afraid  that  it  will  be  considered  that  the  Secretary  of  Com- 
men'e,  iiaving  control  of  all  statistics  coming  within  the  i)urview  of  this  law,  will 
gather  up  a  great  many  things  that  are  now  furnished— monthly  bulletins,  if  you 
plea.se,  monthly  eommunciation  by  other  departments — that  are  of  value  and  are 
needed  by  the  various  industries  and  occupations  of  our  country.  Therefore  my  crit- 
icism would  apply  to  that  as  well. 

I  do  not  object  to  the  consolidation  of  thelnireans.  I  think  that])0\ver  isa  very  wise 
one.  The  census  provision  is  a  matter  alxiut  which  I  am  indiffi-rent.  i  wislu-d  to 
have  it  stricken  out,  because  I  wanted  the  perfectt'd  ])ill  of  the  Senator  to  ai)pearand 
deal  with  it.  1  care  nothingabout  that.  1  am  willing  to  have  these  bureaus  con.^^oli- 
dated.  I  think  the  Secretary  might  very  well  have  that  power.  But  I  do  not 
think  it  is  a  wise  thing  to  cut  off,  if  need  bt',  certain  statistical  information  that  may 
be  gathered  from  time  to  time  by  other  departments. 

iMr.  Spoonek.  Does  this  do  it? 

Mr.  Ai.Lisox.  It  may  do  it.  I  am  not  sure  that  it  does  it,  but  I  do  not  see  the 
necessity  of  making  here  an  ironclad  provision.  It  is  possil)le  that  as  a  courteous 
recjuest  it  would  1)e  complied  with  by  the  other  departments.  I  only  made  that 
criticism  l)ecau.se  it  seemed  to  me  the  other  dejiartments  would  be  sul)ordinate  to  it. 
I  should  be  glad  if  we  could  so  finally  jirovide  for  this  new  Department  without  too 
far  intrenching  upon  the  duties  and  powers  of  the  other  departments  of  the  Govern- 
ment, and,  therefore,  in  the  general  way  proposed  here  for  the  transfer  of  bureaus 
with  their  })resent  authority  and  powers  I  agree.     That  is  my  criticism  in  brief. 

Mr.  Spooxer.  The  amendment  reads: 

That  the  Secretary  of  Commerce  shall  have  complete  control  of  the  work  of  gathering  and  dis- 
tributing statistical  informalion  naturally  relating  to  the  subjects  confided  to  his  Department. 

Mr.  Allison.  But  nearly  everything  is  "  confided  to  his  Department. "  He  is  to 
have  control  of  all  the  industries  and  all  the  commerce  of  this  country,  external  and 
internal. 

Mr.  Nelson.  I  will  call  the  Senator's  attention  to  the  fact  that  the  Secretary  of 
(^immerce  will  have  nothing  to  do  with  the  subject  of  agriculture.  [Laughter.] 
That  is  not  in  the  bill. 

Mr.  Allison.  I  am  glad  the  Senator  has  suggested  that,  but  I  had  already  observed 
it  accidentally.  [Laughter.]  I  fell  upon  that  situation  myself ;  and  therefore  I  do 
not  know  precisely  how  it  occurred  to  the  Senator.  But  I  think  it  is  wise  for  us  to 
generalize,  so  far  as  we  can,  in  transferring  bureaus.  Transfer  the  Census,  if  you 
will,  although  it  will  amount  to  nothing  unless  you  devolve  upon  the  present 
Director  some  new  scheme  or  project  or  plan. 

Mr.  Spooner.  Of  course,  JNIr.  Presi<lent,  no  one  in  the  Senate  is  oppo.sed  to  this 
bill,  as  I  understand,  but  everyone  here  wants  to  perfect  it  as  far  as  it  can  be  done. 
I  understand  that  amendment  to  refer  to  the  bureaus  which  are  transferred  by  this 
bill  U)  the  new  Department,  and  the  Secretary  of  that  Department  ought  to  have  con- 
trol of  his  own  bureaus  and  the  matters  with  wdiich  they  deal. 

Mr.  (2c.\KLEs.  Mr.  President,  I  certainly  feel  great  diffidence  in  discussing  a  ques- 
tion which  relates  to  legislative  history,  especially  if  such  discussion  M'ould  make  it 
necessary  for  me  in  any  way  to  disagree  with  the  distinguished  Senator  from  Iowa 
[Mr.  Allison].  I  feel,  however,  that  the  Senator  from  Iowa  has  not  gathered  the 
object  and  purpose  we  have  in  this  amendment,  which  is  not  at  all  to  interfere  with 
the  gathering  of  these  statistics.  They  are  gathered  now  by  several  bureaus  and 
edited  and  ])ublished  by  them.  The  princijile  of  this  amendment,  stated  briefly,  is 
simjjly  this:  There  can  l)e  only  one  standard  of  truth.  To  say  that  there  could  be 
more  would  be  to  l)ring  reproach  upon  the  truth  and  to  recall  the  old  query  of  Chad- 
band,  "What  is  truth?"  The  Secretary  of  Commerce  will,  under  this  hill,  have 
dumped  into  his  office  a  vast  amount  of  this  statistical  information,  very  mucli  of  it 
amounting  to  a  duplication. 

The  (piestion  involved  in  this  amendment,  as  I  imderstand  it,  is  whether  the  sev- 
eral rejiortsof  tlie  several  bureaus  should  go  out  to  the  people  separately,  containing 
all  these  dui)lications,  or  whether  that  material  so  acfpiired  should  l)e  taken  by  this 
new  Secretary,  reviewed,  edited,  collated,  and  then  sent  out  without  duplications  as 
the  very  facts,  final,  consistent,  and  conclusive. 

As  said  by  the  Senator  from  Colorado  [^Ir.  Teller]  the  other  day,  these  several 
bureaus  do  not  always  agree.  It  will  be  the  province  of  the  new  Secretary,  I  sup- 
pose, to  take  all  this  information  and  seiul  it  out  to  the  jjeople,  backed   by  the 


488  LEGISLATIVE    HISTORY 

authenticity  that  it  can  only  have  l\y  such  a  high  source  of  truth  and  veracity  as  a 
department  of  this  Government.  .So  that  we  would  save  money,  we  would  not 
reproduce  the  same  thing,  and  we  should  secure  accuracy.  Those  qualities  lend  the 
chief  value  to  all  statistics. 

The  President  pro  tempore.  The  question  is  on  the  amendment  offered  Ijy  the 
Senator  from  Wisconsin  [Mr.  Quarles]. 

Mr.  CocKRELL.  Let  the  amendment  he  again  stated. 

The  President  pro  tempore.  The  amendment  will  be  again  stated. 

The  Secretary.  In  line  6,  page  4  of  the  printed  bill,  strike  out  all  after  the  words 
"Statistics  and"  down  to  and  including  the  words  "United  States,"  in  line  12,  and 
insert  in  lieu  thereof  the  following 

The  President  pro  tempore.  The  amendment  follows  the  amendment  of  the  Sen- 
ator from  Missouri  [Mr.  Cockrell],  which  was  adopted  before  the  Senator  came  in. 

The  Secretary.  The  words  proposed  to  be  inserted  are  as  follows: 

That  the  Secretary  of  Commerce  shall  have  complete  control  of  the  work  of  gathering  and  dis- 
tributing statistical  information  naturally  relating  to  the  subjects  contided  to  his  Department;  and 
to  this  end  said  Secretary  shall  have  power  to  I'mjiloy  any  or  either  of  the  said  luireaus  and  to  rear- 
range such  statisti<'al  work  anil  to  distrilinte  or  consolidate  the  same  as  may  ]iv  <leemed  desiralile  in 
the  p\il>lic  interest;  and  said  Secretary  sliall  also  liave  authority  to  call  U|ion  other  dc]iartments  of 
the  (iovernmcnt  for  statistical  data  and  results  obtained  by  them,  and  it  is  hereby  madi' the  (luty 
of  such  deiiartmenls  to  furnisli  such  luf<irmati(iu  when  so  reijuested;  and  said  Secretary  of  Commerce 
may  collate,  arrange,  and  publish  such  statistical  information  so  obtained  in  such  manner  as  to  him 
may  seem  wise. 

Mr.  Pettus.  Mr.  President,  so  as  to  raise  the  question  directly,  I  move  to  strike 
out  the  words  "and  it  is  hereby  made  the  duty  of  such  departments  to  furnish  such 
information  when  so  requested" — the  whole  of  that  sentence.  That  is  the  exact 
objection  of  the  Senator  from  Iowa  [Mr.  Allison],  and  I  move  to  amend  by  striking 
out  those  words. 

Mr.  Galijnger.  How  will  it  then  read? 

The  President  pro  tempore.  The  amendment  of  the  Senator  from  Alabama  to  the 
amendment  will  be  stated. 

The  Secretary.  It  is  proposed  to  amend  the  amendment,  after  the  words  ' '  obtained 
by  them,"  by  striking  out  "and  it  is  hereby  made  the  duty  of  such  departments  to 
furnish  such  information  when  so  requested," 

The  President  pro  tempore.  The  question  is  on  the  amendment  of  the  Senator 
from  Alabama  [Mr.  Pettus]  to  the  amendment  of  the  Senator  from  Wisconsin  [INIr. 
Quarles] . 

The  amendment  to  the  amendment  was  agreed  to. 

The  President  pro  tempore.  The  question  now  is  on  the  amendment  of  the  Senator 
from  Wisconsin  as  amended. 

Mr.  Cockrell.  Now  let  the  whole  clause  be  read  together  as  amended. 

The  President  pro  tempore.  It  will  again  be  read,  including  the  amendments  to 
the  amendment  which  have  been  adopted. 

Mr.  CocKRELii.  Yes;  the  amendments  already  agreed  to  from  the  beginning  of  the 
sentence  "That  the  Bureau  of  Foreign  Commerce,"  etc. 

The  Secretary.  Beginning  in  line  23,  on  page  3,  section  4,  of  the  bill,  after  the 
word  "Commerce,"  if  amended  as  proposed,  it  will  read: 

That  the  Bureau  of  Foreign  Commerce,  now  in  the  Department  of  State,  be,  and  the  same  hereby 
is,  transferred  to  the  Department  of  Commerce  and  consolidated  with  and  made  a  part  of  the  Bureau 
of  Statistics,  hereinbefore  transferred  from  the  Dei.artment  of  the  Treasury  to  the  Department  of 
Commerce.  And  the  two  sliall  constitute  one  bureau,  to  be  called  the  Bureau  of  Statistics,  with  a 
chief  of  the  Bureau  an<l  oiu'  assistant.  That  the  Secretary  of  ('ommeree  shall  have  con\]ileti'  control 
of  the  work  of  gatlu'ring  and  distributingstatistical  information  naturally  relating  to  the  subjects 
contided  to  his  I ic]iartnicnt;  and  to  this  end  said  Secretary  shall  have  jiowcr  to  eniiiloy  any  or  either 
of  the  said  bureaus  ami  to  rearrange  such  statistical  work',  and  to  distrilaite  or  consolidate"  the  same, 
as  may  be  deemed  <lesirable  in  the  pul.ilic  interest;  and  said  Secretary  shall  also  have  authority  to  call 
upon  other  Departments  of  tht' (iovernmcnt  for  statistical  data  and  results  obtaincMl  by  tliom;  and 
.sai<l  Secretary  of  Commerce  may  collate,  arrange,  and  publish  such  statistical  informatioi'i  so  obtained 
in  such  manner  as  to  him  may  seem  wise. 

Mr.  Cockrell.  Mr.  President,  I  desire  to  call  attention  to  the  part  of  the  amend- 
ment which  reads,  "said  Secretary  shall  have  power  to  employ  any  or  either  of  the 
said  bureaus."  If  that  language  refers  to  the  two  bureaus  which  have  l)een  consoli- 
dated in  the  sentence  before,  it  is  incoi-rect;  if  it  refers  to  all  the  bureaus  which 
have  been  placed  under  it,  probably  it  would  not  be  incorrect.  What  was  the  inten- 
tion of  the  Senator  from  Wisconsin? 

Mr.  Quarles.  The  intention  of  the  amendment  was  to  include  all  the  bureaus 
covered  into  this  new  Department. 

Mr.  Cockrell.  And  not  to  refer  to  the  two  bureaus  that  were  Ijrought  in  from  the 
State  Department  and  from  the  Treasury  Department  and  consolidated  into  one? 

Mr.  Quarles.  I  suppose  the  object  wa.-  to  give  the  Secretary  control  of  the  manner 
in  which  this  work  should  be  done  and  how  the  statistics  should  be  arranged. 


LEGISLATIVE    HISTORY  489 

Mr.  CocKRELL.  Wo  do  not  Avaiit  t\vol)uroiui8  in  one,  with  two  chiefs,  one  an  assist- 
ant to  tlie  other.  That  was  exjiressly  disowned  and  disavowed  in  tlie  discussion. 
I  <lo  not  want  any  lanjjfnaire  used  here  that  may  he  interpri'ted  in  that  way.  The 
ainenihnent  reads: 

And  to  this  end  siiid  .Secretary  .shall  have  power  to  employ  any  or  cither  of  the  said  Itureaus  and  to 
rearrange  such  statistical  work  and  to  distribute  or  consolidate  the  same. 

The  question  is  whetlier  we  ouo;ht  to  <jive  tiie  Secretiiry  j)ower  to  con.soii(hite 
hureaus. 

Mr.  Qr.VRLES.  No;  that  is  merely  to  consolidate  the  statistieal  work.  It  does  not 
reach  the  Imreaus.  I  selected  that  word  "work"  so  as  to  leave  the  hureaus  to  their 
ordinary  functions. 

Mr.  t'ocKKELi,.  Then  am  1  to  understand  that  the  words  "to  distrilmte  and  con- 
solidate the  same  as  may  be  deemed  desirable  in  the  public  interest"  refer  only  to 
tiie  work  and  not  to  the  Bureau? 

I\Ir.  C^iiAKi.KS.  Yes,  sir;  that  was  my  intention. 

Mr.  Spoonek.  I  think  since  the  Senator  from  IVIissouri  [Mr.  Cockrell]  has  called 
attention  to  the  amendment  it  might  be  improved  by  a  further  amendment.  Suj)- 
pose  we  say  "the  bureaus  in  this  act  transferred  to  the  said  Department,"  so  that  the 
head  of  it,  in  jjathering  a  certain  line  of  statistics,  could  employ  the  proper  bureau. 
It  woidd  simply  give  him  general  authority  in  that  respect. 

Mr.  Cockrell.  I  think  it  does  that  now.     The  amendment  reads: 

To  this  end  said  Secretary  shall  have  power  to  employ  any  or  either  of  the  said  hnreans  and  to 
rearrange  such  statistical  work  and  to  distribute  or  consolidate  the  same. 

If  that  refers  to  the  work,  it  is  all  right  about  distributing  and  consolidating;  but 
if  it  refers  to  the  bureaus,  I  do  not  think  any  Secretary  ought  to  have  such  power. 

Mr.  For.\ker.  I  supposed  the  great  purpose  of  this  amendment  was  to  consolidate 
the  bureaus,  to  have  only  one  Bureau  of  Statistics. 

Mr.  Qu.\rles.  That  has  already  been  done. 

Mr.  FoR.VKER.  I  do  not  understand  that  it  has  been  done.  I  understand  the  Sena- 
tor from  jNIissouri  does  not  want  the  l)ureaus  consolidated;  he  does  not  want  the 
Secretary  to  have  the  power  to  consolidate. 

Mr.  Cockrell.  No.  The  amendment  I  have  offered  made  it  absolutely  conclusive 
that  it  was  to  be  one  bureau,  with  one  chief  and  one  assistant — not  two  chiefs,  one  an 
assistant  to  the  other. 

Mr.  FoRAKER.  I  should  be  glad  to  have  that  distinctly  l)rought  out,  because  I 
"think  we  ought  to  have  only  one  Bureau  of  Statistics  and  have  the  consolidation  of 
all  into  one.  We  ought  to  have  a  consolidation  of  the  work,  and  it  ought,  of  course, 
to  be  under  the  direction  of  the  Secretary  at  the  head  of  that  Department. 

Mr.  Cockrell.  If  this  interpretation  is  correct,  then  the  Secretary  will  have  no 
authority  to  con.solidate  two  bureaus. 

Mr.  Aldricii.  It  is  very  evident  that  this  is  a  very  comprehensive  amendment  to 
a  very  imjjortant  bill,  and  it  is  somewhat  complicated,  I  judge,  from  the  remarks 
made  by  Senators  around  me.  I  will  suggest,  therefore,  that  this  amendment  be 
printed — I  think  it  has  not  been  printed  in  the  form  in  which  the  mover  desires  to 
liave  it  presented — and  that  its  further  consideration  be  i>ost])oned  until  to-morrow. 

Mr.  FoRAKER.  May  I  make  a  further  suggestion,  that  the  bill,  with  all  the  amend- 
ments which  have  been  adopted,  be  also  printed? 

Mr.  Aldrich.  Yes. 

Mr.  Cockrell.  It  ought  to  be  printed  as  it  has  been  amended,  so  that  we  can  see 
what  it  ]iroposes  to  do. 

The  President  pro  tempore.  Tlie  Senator  from  Rhode  Island  [Mr.  Aldrich]  asks 
unanimous  consent  that  there  be  a  reprint  of  the  bill,  with  all  the  amendments 
adopted  to  the  pre.sent  time. 

Mr.  Nelson.  And  also  that  the  pending  amendment  be  printed. 

The  President  pro  temj)ore.  And  that  thi;  ])ending  amendment  lie  jirinted.  Is 
there  objection  to  the  request?     The  Chair  hears  none,  and  that  order  is  made. 

Mr.  Pettus.  Mr.  President,  I  want  to  go  along  with  tlu^  other  amendments — I 
move  to  strike  out  the  Department  of  Lal)or  from  this  bill. 

The  President  pro  tempore.  The  amendment  proposed  by  the  Senator  from  Ala- 
bama will  be  stated. 

The  Secretary.  On  page  3,  section  4,  line  19,  after  the  word  "  that,"  it  is  proposed 
to  strike  out  "the  Department  of  Labor  and." 

Mr.  Cullom.  If  the  bill  is  disposed  of  for  tlu'  present,  I  move  that  the  Senate  pro- 
ceed to  the  consideration  of  executive  business. 

Mr.  Teller.  Have  the  words  just  read  I)een  stricken  out? 


490  LEGISLATIVE    HISTORY 

The  President  pro  tempore.  Does  the  Senator  from  Illinois  withdraw  his  motion 
for  the  present? 

Mr.  CuLLOM.  I  withdraw  it  for  the  present. 

The  President  pro  tempore.  The  Chair  will  state,  in  reply  to  the  Senator  from 
Colorado  [Mr.  Teller],  that  the  amendment  referred  to  has  not  been  adopted.  It  is 
pending. 


The  debate  in  the  Senate  was  again  taken  up  on  January  23,  1902 : 

Mr.  Nelson'.  I  ask  unanimous  consent  that  the  Senate  proceed  to  the  considera- 
tion of  the  bill  (S.  569)  to  establish  the  Department  of  Commerce  and  that  it  be  con- 
sidered without  the  limitation  of  the  five-minute  rule. 

The  President  pro  tempore.  The  Senator  from  Minnesota  asks  unanimous  consent 
that  the  Senate  proceed  to  the  consideration  of  the  bill  known  as  %he  Department  of 
Commerce  bill,  and  that  the  five-minute  limitation  of  deljate  be  removed.  Is  there 
objection?     The  Chair  hears  none. 

The  Senate,  as  in  Committee  of  the  Whole,  resumed  the  consideration  of  the  bill 
(S.  569)  to  establish  the  Department  of  Commerce. 

The  President  ]tro  tempore.  The  pending  question  is  on  the  amendment  offered 
by  the  Senator  from  Wisconsin  [Mr.  Quarles]. 

Mr.  Platt,  of  Connecticut.   What  is  that  amendment? 

The  President  pro  tempore.  The  amendment  will  be  stated. 

The  Secretary.  In  line  6,  on  page  4,  of  the  printed  bill,  strike  out  all  after  the 
words  "Statistics  and"  down  to  and  including  the  words  "United  States,"  in  line 
12,  and  insert  in  lieu  thereof  the  following: 

That  the  Secretary  of  Commerce  shall  have  complete  control  of  the  work  of  gatherlnp:  and  dlstribut- 
iiiji'  statistical  iiiforinatioii  naturally  relating  to  the  subjects  cnntidcd  t<i  his  l»e]iartnicnt;  and  to  this 
end  sai<t  Secretary  sliall  liavt'  jiowcr  to  eia|il<iy  any  or  cither  of  the  said  tiiu'eaus  and  to  rearrange 
stich  statistical  woric  and  to  distriljute  or  consolidate  the  same  as  may  lie  deemed  desirable  in  the 
public  intcrt'st:  and  said  Sccri-tary  shall  also  have  authority  to  call  uiion  other  Uejiartmcnts  of  the 
Government  for  statistical  data  and  results  obtained  liy  them;  and  said  Secretary  of  Commerce  may 
collate,  arrange,  an<l  juiblish  such  statistical  information  so  obtained  in  such  manner  as  to  liim  may 
.seem  wise. 

Mr.  Nelson.  Owing  to  the  adoption  of  the  amendment  of  the  Senator  from  Mis- 
souri [Mr.  Cockrell],  by  which  the  phraseology  has  been  changed,  the  amendment 
would  properly  come  in  after  the  words  "assistant  and,"  in  line  7,  on  page  4,  of  the 
last  print  of  the  bill.  It  is  intended  to  take  the  place  of  the  words  in  brackets,  which 
are  proposed  to  be  stricken  out.  I  move  to  amend  the  amendment  so  that  it  will 
come  in  at  the  place  I  have  indicated. 

Mr.  Hale.  The  amendment 

Mr.  Nelson.  I  want  to  say  to  the  Senator  from  Maine  that  the  pending  amend- 
ment was  offered  yesterday  before  the  amendment  of  the  Senator  from  Missouri,  in 
italics,  on  page  4,  was  adopted.     Has  the  Senat(jr  got  that  print  of  the  bill? 

Mr.  Hale.  I  suppose  I  have  it. 

The  President  pro  tempore.  The  Chair  calls  the  attention  of  the  Senator  from 
Mame  [Mr.  Hale],  if  he  has  risen  to  this  amendment,  to  the  fact  that  the  i^rinter 
midoubtedly  made  a  mistake  and  included  in  the  words  to  be  stricken  out  the  word 
"and"  in  line  7.  The  word  "and"  should  not  have  been  stricken  out,  but  should 
stand  there,  and  the  Senator  from  Minnesota  suggests  that  this  proposed  amendment 
follow  the  word  "and." 

Mr.  Hale.  In  line  7? 

The  President  pro  tempore.  In  line  7. 

Mr.  Hale.  What  has  become  of  the  words  and  lines  that  are  inclosed  in  brackets 
on  page  4? 

Mr.  Nelson.  The  amendment  of  the  Senator  from  Wisconsin  [Mr.  Quarles],  whicli 
is  the  jjending  amendment,  is  not  additional  to  that,  but  is  to  be  s'lbstituted  for  the 
words  in  brackets. 

Mr.  Hale.  That  puts  it  in  the  right  parliamentary  attitude. 

Mr.  Nelson.  Yes. 

Mr.  Hale.  Afterwards  the  Senator  proposed  the  restoration  of  the  Census  Bureau 
to  this  bill  by  a  vote  in  the  Senate  on  the  proposition  to  strike  it  out,  as  I  understand. 

Mr.  Quarles.  Yes;  or  l)y  a  motion  to  reconsider  the  vote  by  which  the  amend- 
ment was  adopted. 

Mr.  Hale.  Supposing  that  is  not  done;  supposing  that  the  Senate  adheres  to  its 
previous  vote  to  strike  out  the  Census  Bureau  from  the  provisions  of  this  bill;  would 
the  amendment  the  Senator  is  now  urging  apply? 

Mr.  Quarles.  I  think  it  a  very  valuable  addition  to  the  bill,  even  though  the 
Census  were  to  remain  out  of  the  new  Department;  although,  as  I  stated  yesterday, 


LEGISLATIVE    HISTORY  491 

my  nbjoct  was  inimarily  to  liave  tho  (Vmisiis  Bureau  restored  to  the  Department  of 
('ommeree.  Tlieii  tliis  jri'iieral  supervisiii-j:  i)()\ver  will  he  extended  over  it;  hut  I 
think  it  a  very  vahialiie  provision  even  if  the  ('ensus  he  stricken  out. 

Mr.  IIai.k.  Tiiat  is,  there  will  heenonirli  left  in  the  hill  to  make  the  provision  val- 
uable, even  if  the  Census  I'ureau  is  not  in  it? 

Mr.  (.^lAKi.Ks.    Yes. 

■Mr.  IIalk.  Thou<i;h  it  would  not  l)e  nearly  as  nuu'h  so  as  if  the  Census  Bureau 
were  left  in? 

Mr.  C^iAHLEs.  I  think  the  Senator  is  right. 

The  I'RKsiDEXT  pro  temj)ore.  Does  the  Senator  from  Wisconsin  [Mr.  (iuarles] 
aeiH'pt  the  suggestion  of  the  Senator  from  Minnesota  [Mr.  Nelson]  that  this  amend- 
ment come  in  after  the  word  ";ind,"  in  line  Ton  page  4,  section  -J? 

Mr.  (.^lAKLKs.  tVrtaiidy,  Mr.  President.     I  think  that  is  riglit. 

The  I'hksidknt  ])ro  tempore.  The  (juestion  is  on  the  adoption  of  the  amendment. 

Till'  amendment  was  agreed  to. 

Mr.  l*Krns.  Mr.  Pri'sideiit,  in  reference  to  this  liill,  the  great  leader  from  Iowa 
[Mr.  Allison]  gave  us  notice  yestenhiy  that  we  ought  to  proceed  with  caution.  Tiie 
ameiKhnent  which  1  have  offered  is  to  strike  out,  in  line  18  on  page  3,  section  4,  of 
the  hill  the  words  "the  Dei)artment  of  Labor." 

The  Dei>artment  of  Labor,  according  to  the  testimony  of  Senators  who  have  been 
here  a  long  time  and  who  are  perfectly  familiar  with  the  workings  of  tlie  depart- 
ments and  bureaus,  has  done  and  is  now  doing  a  great  work.  1  am  not  very  familiar 
with  the  workings  of  that  department,  but  acconbng  to  my  information  it  is  a  very 
useful  deiiartUK'nl  of  the  <iovernment,  and  lias  already  contriliuted  very  largely  to 
the  work  for  which  it  was  designed.  It  is  in  a  very  fortunate  situation  if  the  law  is 
allowed  to  stand  as  it  is.  It  is  not  an  executive  department,  but  it  is  simply  a  depart- 
ment under  the  general  administrative  control  of  the  President.  It  is  not  directly 
under  the  control  of  any  executive  department  at  this  time,  and,  accordingto  my 
l)est  thought  about  it,  it  ought  not  to  be. 

The  Department  of  Lal)or  was  organized  at  the  earnest  solicitation  of  those  who 
are  principally  interested  in  it.  We  know  that  that  is  a  very  extensive  element  in 
this  country,  and  it  ought  to  be  treated  with  the  consideration  which  it  deserves. 
Besides  that,  Mr.  President,  legislators  are  bound  to  respect  even  the  prejudices  of  a 
whole  community  of  ]K'ople;  they  are  bound  to  respect  them  even  if  they  are  simply 
prejudices;  and  one  of  the  great  ]irejudices  which  exists  in  this  country  is  against 
putting  labor  under  the  control  of  capital. 

It  seems  that  in  many  respects  what  I  call  prejudice  may  be  something  that  is  well 
founded.  It  may  be  that  it  has  gone  to  great  excesses;  but  this  Department  of  Labor 
has  l)een  one  of  the  favorite  ideas  with  a  large  part  of  the  people  of  this  country  for 
many  years.  I  suggest  that,  as  we  are  creating  a  new  department,  a  department  of 
commerce — it  miglit  just  as  well  have  been  called  a  department  of  trade — it  would  be 
well  enough,  in  fact  the  best  thing  that  could  be  done,  to  leave  the  Department  of 
Labor  to  its  well  working  as  it  is.   , 

Mr.  Nelson.  Mr.  President,  without  going  into  any  extended  discussion  on  the 
subject-matter  of  this  amendment,  I  desire  to  say  that  there  are  one  or  two  funda- 
mental reasons  and  grounds  which  actuated  the  Committee  on  Commerce  to  attach 
the  Department  of  Labor  to  the  Department  of  Commerce.  First,  we  believe  that 
for  the  ])roi)er  and  due  aihiiinistration  of  government  every  bureau  of  the  public 
service,  as  far  as  ]iossible,  should  be  attached  to  a  responsilile  executive  department — 
an  executive  department  whose  head  is  one  of  the  President's  advisers  and  who  is  in 
touch  with  the  executive  department  of  the  Government.  We  do  not  intend  by 
this  amendment  to  reflect  in  the  least  upon  the  character  of  the  i)resent  head  of  the 
Department  of  Labor.     lie  is  a  very  alile  man,  but  he  will  not  always  be  with  us. 

We  are  liable  to  have  men  in  the  future  not  so  able  and  so  good  as  he  is,  and  it  is 
altogether  safer  for  the  publi(- service  to  have  a  division  or  a  bureau  of  this  kind 
under  some  responsible  executive  department.  As  it  is  now,  we  have  this  and  one 
or  two  other  cases  where  we  liave  independent  bureaus  or  divisions.  No  matter 
whether  you  call  tlieni  departments  or  not,  they  are  really  bureaus,  because  they 
are  not  executive  departments.  They  occupy  a  sort  of  irrespousilile  position;  they 
are  a  law  unto  themselves;  they  are  governed  ])y  Congressional  legislation,  like  other 
departments,  but  they  are  in  no  direct  touch  with  the  lieail  of  an  executive  depart- 
ment of  this  great  (iovi'rnment.  They  are  outside  of  any  department,  and  the  com- 
mittee felt  that  for  tlu^  good  and  due  administration  of  business  we  ought  to  have 
every  bureau  and  division  in  the  jmlilic  service  attached  to  one  of  the  great  depart- 
ments of  the  ( iovernment. 

'J'liere  is  another  view  of  the  case,  and  that,  speaking  for  myself,  I  regard  as  the 
most  important.  The  laboring  men  of  this  country — and  1  think  I  am  as  good  a 
friend  to  the  laboring  men  as  an vhodv;   I  have  been  a  sort  of   laboring;  man  all  mv 


492  LEGISLATIVE    HISTORY 

life — are  interested  in  a  great  many  other  subjects  besides  the  mere  question  of  labor. 
They  are  interested  in  the  commercial  and  industrial  life  and  development  of  this 
country.  There  is  no  class  of  people  more  interested  in  the  manufacturing  industries 
of  this  country;  in  the  inland  and  the  foreign  commerce  of  this  country;  in  the 
mining  and  fishery  industries  of  this  country. 

Now,  by  putting  the  Bureau  of  Labor  into  this  great  Department  of  Commerce 
you  enaVjle  that  Department  to  articulate  and  work  in  harmony  with  all  the  other 
industrial  enteri^rises  of  the  country.  The  laboring  men  and  their  department  are 
as  vitally  interested  as  any  class  of  our  people  can  be  in  the  progress  of  our  manu- 
facturing industries  and  in  all  that  pertains  to  our  industrial  life.  Occupying  an  iso- 
lated position,  as  they  do,  they  are  necessarily  confined  to  the  one  subject  of  the 
labor  question  and  the  laws  relating  to  that  sul)ject,  but  when  they  become  a  part 
of  a  great  department  of  commerce  and  industries  they  indirectly  have  a  voice  and 
have  something  to  say  on  all  those  other  great  and  important  and  vital  questions  in 
which  they  are  interested. 

Now,  I  desire  to  say  another  thing.  I  believe  the  best  way  to  treat  the  Senate  is 
as  a  good  Methodist  brother  would  treat  his  fellow-associates  in  camp  meeting,  and 
that  is  to  tell  the  honest  truth.  In  respect  to  this  opposition  from  the  laboring  men, 
which  some  think  is  so  serious,  I  want  to  say  to  Senators  that  this  bill,  substantially 
in  its  present  form,  was  reported  in  the  early  part  of  the  last  session  of  Congress.  It 
was  on  the  Calendar,  and  was  known  all  over  the  country,  and  it  was  well  known 
throughout  the  country  that  it  proposed  to  attach  the  Department  of  Labor  to  the 
great  Department  of  Commerce.  No  protests,  no  objections  came  to  me,  nor,  so  far 
as  I  know,  to  any  other  member  of  the  committee. 

The  first  ])rotest  I  had  was  from  an  othcer  connected  with  that  department,  who  came 
up  here  one  day  in  the  latter  part  of  the  session  and  called  on  me.  He  said  there 
were  a  great  many  objections  among  the  laboring  men  to  this  plan  of  attaching  the 
Department  of  Labor  to  the  Department  of  Commerce.  I  told  him  I  had  not  heard 
of  a  protest,  nor,  as  far  as  I  knew,  had  any  other  member  of  our  committee.  It  is 
my  honest  opinion — and  I  do  not  want  to  do  anybody  an  injustice — that  whatever 
opposition  has  come  from  labor  sources  has  to  a  large  extent  been  inspired  from  the 
inside  of  the  Department  of  Labor.  I  do  not  say  it  is  so  absolutely,  but  from  what 
little  I  know  and  from  my  acquaintance  with  the  subject  I  am  led  to  that  conclusion. 

Now,  while  I  am  talking  on  that  subject,  I  may  say  that  we  have  another  inde- 
pendent bureau  here,  called  the  United  States  Fish  Commission.  It  is  always  the 
case  with  these  independent  concerns  that  they  love  to  be  in  the  air,  outside  the  con- 
trol of  any  great  executive  department.  They  love  to  be  in  such  condition  that  they 
have,  as  you  might  say,  nobody  to  look  to.  I  found  in  the  case  of  the  Fish  Commis- 
sion that  men  in  the  scientific  force  of  the  Commission  had  been  sending  out  letters 
and  telegrams  over  the  country  to  their  friends,  calling  their  attention  to  the  fact  that 
the  scientific  work  in  the  Fish  Commission  could  not  be  well  performed  if  the  Com- 
mission were  attached  to  the  Department  of  Commerce. 

I  desire  to  state  that  it  is  not  the  purpose  of  this  bill  to  change  the  work  or  the 
scope  of  the  work  of  any  of  these  bureaus,  either  of  the  Fish  Commission  or  of  the 
Department  of  Labor.  We  simply  believe  that  the  laboring  men  are  not  only  inter- 
ested in  the  work  of  the  Bureau  of  Labor,  but  that  they  are  interested  in  all  that 
pertains  to  a  department  of  commerce  and  industries,  in  all  that  pertains  to  a  depart- 
ment which  is  intended  to  help  our  commercial,  our  manufacturing,  our  mining,  and 
our  fishery  industries,  and  that  l)y  working  in  harmony  and  as  a  part  of  this  great 
department  of  industries  they  can  do  more  justice  to  their  own  work  and  will  be  in 
better  shape  to  reach  out  and  do  some  good  in  reference  to  these  other  branches 
committed  to  the  Department  of  Commerce. 

The  committee  never  intended  by  the  transfer  of  either  the  Department  of  Labor 
or  the  Fish  Commission  to  the  Department  of  Commerce  to  reflect  in  the  slightest  on 
the  management  of  those  Bureaus  or  divisions  of  the  public  service.  We  simply  felt 
that  it  was  far  better  to  have  every  one  of  these  great  bureaus  and  departments 
attached  to  an  executive  department  which  was  not  only  in  touch  with  Congress, 
but  directly  in  touch  with  the  head  of  the  executive  department  of  this  Government. 

I  am  unwilling  to  take  up  any  further  time  of  the  Senate.  I  have  stated  the  facts 
in  this  case  as  they  seem  to  me  and  as  they  appear  to  the  committee,  and  I  think  it 
would  be  a  great  mistake  and  a  great  injustice  to  leave  the  Department  of  Lal^or  out- 
side by  itself  independent  of  any  executive  department. 

Mr.  Bacon.  Mr.  President,  I  listened  quite  carefully  to  the  remarks  of  the  dis- 
tinguished Senator  from  Minnesota  [Mr.  Nelson],  and  he  presents  his  case  very 
clearly.  At  the  same  time  1  think  there  are  reasons  why  it  would  be  better  that 
this  dejiartment  should  be  permitted  to  remain  as  it  is.  If  it  were  an  original  prop- 
osition for  the  creation  of  the  Department  of  I^abor,  and  the  (juestion  wen>  whether 
it  should  be  allowed  to  be  an  independent  department  or  whether  it  sliould  be  ere- 


LEGISLATIVE    HISTORY  493 

ated  as  a  hurt'au  in  tlu*  Dcpai'tiuciit  of  (.'oiiiini'icc,  the  sufi^cstions  of  llu' Senator  from 
Minnesota  would  certaiiiiy  be  (|iiite  cojient.  I'>ut  we  have  an  existinj^  Department  of 
Labor,  the  work  of  which  is  criticisecl  by  no  one.  On  the  contrary,  it  is  com- 
mended in  the  hijihest  dejrree,  and  nol)ody  takes  exception  to  tiie  commendation 
bestoweil  upon  it. 

Now,  let  me  read,  Mr.  I'resident,  wliat  was  said  yesterday  in  the  Senate  by  the 
Senator  fnmi  New  Hampshire  [Mr.  (iallinger],  the  present  occupant  of  the  chair, 
in  rcsi)on,se  to  an  incjuiry  made  by  me  as  to  the  character  of  the  work  now  done  by 
the  departmi-nt  in  its  present  situation,  a  situation  indeixMident  of  any  connection 
with  any  of  the  jjreat  executive  departments,  as  we  generally  term  them.  I  read 
from  yesterday's  Record,  and  in  order  that  the  reply  made  by  the  Senator  from 
New  Hampshire  may  be  correctly  understood,  1  will  read  the  inquiry  propounded 
by  myself  which  elicited  that  rei)ly.  The  incpiiry  I  addressed  to  the  Senator  from 
New  Hampshire  while  he  was  upon  the  floor  and  by  his  courtesy  was  this: 

Mr.  l{A<oN.  My  iiuiiiiry  is,  whether,  in  tlie  iiractical  operation  of  the  prc.sent  Department  of  Labor, 
tluTe  lias  (h'veloped  any  snch  inetliciency  as  rei|uires  tliat  its  status  shall  be  changed  and  that  it  sliall 
be  put  under  one  of  the  fjreat  Kxecutive  Departments. 

To  which  the  Senator  from  New  Hampshire  replied  as  follows: 

Mr.  (;.\LIJNGER.  Well.  Mr,  J'resident,  I  think  wc  will  all  agree  that  no  man  ha.s  been  rash  enough 
to  a.s.sert  here  or  elsewhere  that  the  Department  of  Labor  as  at  present  constituted  has  not  done 
magnificent  work  or  that  it  is  subject  to  any  criticism  whatever;  and  yet  it  is  an  independent 
department  under  the  law  to-day.  The  committee  thought  it  was  wise  to  include  it  in  this  new 
Department.  That  is  all.  It  may  not  be  wise  to  do  .so,  but  the  committee  thinks  it  is.  The  Senate 
may  think  otherwise,  and  of  course  the  committee  will  yield  to  the  judtrnunt  of  the  Senate, 

I  could  not,  Mr,  President,  if  1  tried,  utter  words  of  too  great  jiraist'  for  the  distinguished  statistician 
who  is  at  the  head  of  the  iire.sent  Department  of  Labor.  Ilis  work  is  licyond  praise;  it  has  com- 
mended itself  to  all  classes  of  our  people;  and  I  have  never  heard  a  word  uttered  by  any  man  in  pub- 
lie  life  in  criticism  of  the  administration  of  that  Department. 

Mr.  Nelson.  Will  the  Senator  allow  me  a  brief  interrui^tion? 

Mr.  B.\coN.  Certainly. 

Mr.  Nelson.  I  shall  take  up  his  time  but  for  a  moment. 

Mr.  Bacon.  I  yield  with  much  pleasure. 

Mr.  Nelson.  I  expressly  stated  a  moment  ago  that  neither  the  committee  nor  I 
intended  this  as  the  least  bit  of  criticism  or  reflection  upon  the  Department.  That 
was  not  our  purpose  at  all.  In  the  next  j^lace  I  called  attention  to  the  fact,  and 
1  ask  the  Senator  to  l>ear  it  in  mind,  that  we  do  not  attempt  by  this  bill  to  dis- 
turl)  the  functions  and  the  work  of  the  Bureau  of  Lalior.  It  is  neither  a  reflection 
upon  the  management  nor  a  purpo.se  to  revolutionize  the  work. 

Mr.  Bacon.  I  am  sure  nobody  misunderstood  the  honorable  Senator  from  Minne- 
sota. I  did  not,  and  I  did  not  intend  by  anything  I  said  to  indicate  in  the  least  that 
there  was  any  purj^ose  or  expression  by  him  otherwise  than  that  which  he  has 
now  stated  to  the  Senate. 

The  statement  of  the  Senator  is  m  effect  a  corroboration  of  that  which  was  stated 
liy  the  Senator  from  New  Hampshire,  and  which  I  have  just  read,  and  it  adds  to  the 
force  of  it.  I  do  not  intend  in  the  slightest  degree  to  indicate  that  the  Senator  from 
Minnesota  intends  by  this  to  cast  any  reflection  upon  the  Department  of  Labor  as 
now  constituted  or  uj)on  its  work.  On  the  contrary,  I  take  what  he  says  as  evidence 
to  the  contrary  and  as  a  reason  why  the  present  status  should  be  allowed  to  remain 
undisturbed.  If  a  change  is  to  l)e  made,  there  should  l)e  some  reason  indicated 
which  would  suggest  that  there  would  be  an  improvement  in  the  service,  that  some 
good  end  would  I)e  accomplished.  If  no  good  is  to  be  accomplished,  if  no  improve- 
ment is  to  ))e  secured,  then  the  i)ossibility  that  the  contrary  may  result  should  be 
carefully  considered  by  tlie  Senate. 

The  creation  of  a  new  and  independent  Department  other  than  the  great  Executive 
Departments  is  not  a  new  proposition,  ^Ir.  President.  The  Department  of  Agricul- 
ture was  an  indef>endent  department.  It  was  created  in  the  year  1862  and  remained 
for  more  than  twenty  years,  before  it  became  one  of  the  Executive  Departments,  an 
indepi'ndent  department  of  the  (iovernment  under  the  control  of  the  Commissioner 
of  Agriculture,  who  was  re(|uired  to  rei)ort  directly  to  Congre,ss.  It  is  a  mistake,  as 
suggested  l)y  the  Senator  from  Minnesota,  that  these  Departments  are  left  without 
lontrol  and  without  the  iluty  to  report  to  any  superior.  The  Agrictdtm-al  Depart- 
ment, for  twenty-odd  years  an  independent  department,  presided  over  by  a  ('om- 
missioner,  reported  directly  to  Congress  and  not  to  any  of  the  Kxecutive  Depart- 
ments, and  as  to  the  Bureau  of  Labor,  the  original  act,  I  think,  was  passed  seventeen 
years  ago,  although  the  ])re.sent  one  was  i)assed  thirteen  years  ago.  Theoriginal  act, 
if  I  recollect  correctly,  of  which  the  act  I  now  hold  in  my  hand  was  amendatory, 
was  three  or  four  years  before  that. 

Mr.  Alllson.  The  original  act  was  ])assed  in  1884. 


494  LEGISLATIVE   HISTORY 

Mr.  Bacon.  The  Senator  from  Iowa  statea  it  according  to  my  recollection,  and  I 
am  obliged  to  him  for  the  detinite  information.  It  was  passed  in  1884,  and  nnder 
the  act  of  1888  the  work  of  the  Department  was  very  much  enlarged  and  its  present 
status  was  created. 

Mr.  Allison.  It  was  established  in  1884  as  a  part  of  the  Interior  Department  and 
made  independent  in  1888. 

Mr.  Bacon.  I  am  glad  the  Senator  has  called  attention  to  that  fact,  l)ecause  it,  too, 
emphasizes  the  fact  that  this  is  not  an  exceptional  matter  and  is  not  an  accidental 
matter.  Here  was  a  department  which  was  originally  a  part  of  the  Interior  Depart- 
ment, and  which  Congress  in  its  wisdom  thought  best  to  establish  as  an  independent 
de]>artment  in  1888.  Therefore  the  act  of  1888  Avas  enacted,  and  since  that  time  it  has 
been  an  independent  department,  reporting  directly  to  the  President  and  to  Congress, 
and  doing  not  simply  good  work,  but  doing  what  the  Senator  from  New  Hamiishire 
terms  here  perfect  work,  beyond  all  criticism,  entitled  to  all  praise.  The  Senator 
from  Minnesota  himself  corroborates  it  and  stands  by  it. 

There  is  the  old  Latin  maxim — quieta  non  movere.  When  a  thing  established  is 
moving  satisfactorily  do  not  change  it,  if  I  may  use  so  liberal  a  translation  or  con- 
struction of  it.  It  is  one  of  many  of  a  similar  kind  that  may  be  given  to  it.  Why 
experiment  with  that  which  is  now  in  a  satisfactory  condition? 

This  is  not  an  ornamental  deiiartment  by  any  means.  It  is  one  doing  a  great  work. 
It  is  one  doing  a  work  which  concerns  a  vast  multitude  of  the  people  of  this  country — • 
a  multitude  of  peoi^le  who  are  not  in  a  position  always  to  represent  tiieir  interests  in 
the  most  effective  manner.  It  rej^resents  a  vast  multitude  of  peoi)le  interested  in  a 
business  which  touclies  all  the  great  industries  of  this  country,  a  vast  multitude  of 
people  engaged  in  that  which  concerns  the  great  capital  of  the  country,  a  vast  multi- 
tude of  people  whose  relations  with  the  capital  and  the  industries  of  the  country  are 
most  important — relations  the  importance  of  which  can  not  be  overestimated;  relations 
the  importance  of  which  is  to- day  challenging  the  consideration  of  the  best  minds  in 
this  land  and  of  those  most  largely  interested  in  these  great  enterprises,  some  of  whom 
are  members  of  the  Senate  and  who  have  indicated  their  interest  in  the  matter  by  the 
work  which  they  have  been  doing  and  are  now  doing. 

Mr.  President,  if  there  were  no  other  reason  than  the  fact  that  after  this  Department 
has  once  been  a  subordinate  bureau  of  a  great  executive  department,  the  United 
States  Government  thought  it  of  sutticient  importance  to  take  it  out  and  make  it  an 
independent  department,  and  that  it  has  remained  so  for  thirteen  years,  and  stands 
to-day  beyond  the  criticism  of  anyone  in  this  Chamber,  and  that  nobody  challenges 
the  high  eulogium  pronounced  upon  it — I  say  that  if  there  Avere  no  other  reason  it 
ought  to  be  sufficient  to  control  us — that  after  such  an  experience  and  with  such  a 
condition  to  make  a  change  would  to  a  certain  degree  belittle  it,  and  that  we  ought 
not  to  belittle  it,  whether  there  is  anything  practical  in  it  or  not.  If  it  is  a  mere 
sentiment,  that  sentiment  ought  to  be  regarde<l,  concerning  as  it  does  so  large  a 
constituency. 

I  said  this  was  not  an  ornamental  bureau.  I  want  to  read  to  the  Senate  the  law 
prescribing  the  duties  of  this  Department.  I  do  so  in  connection  with  the  repetition 
of  the  statement  already  several  times  made  that  it  has  been'an  independent  depart- 
ment after  having  been  so  created  out  of  what  was  before  a  dependent  dejiartment. 
The  first  section  creates  the  Dej^artment  and  jirovides  for  the  appointment  of  its 
Commissioner.  Sections  provides-for  the  staff — tlie  number  of  employees.  Section 
7  is  one  of  the  sections  in  which  there  are  enumerated  the  duties  of  the  Commissioner 
and  the  work  which  shall  be  done  by  the  Department. 

That  the  Commissioner  of  Ijubor,  in  iiccordance  with  tliu  Kcnenil  design  and  duties  referred  to  in 
section  1  of  this  act,  is  specially  cliargcd  to  ascerlain,  at  as  early  a  date  as  jiossihle  ami  whenever 
industrial  changes  sliall  make  it  (■sseiitial,  the  cost  of  iiroilucing  artich'sat  the  time  dutiable  in  the 
United  States,  in  leading  countries  where  such  articles  are  iiroduced,  liy  fidly  specilied  units  of  pro- 
duction and  under  a  classilication  showing  the  dilTerent  elements  of  cost,  or  approximate  cost,  of  such 
articles  of  production,  iucluihug  thi'  wages  jiaid  in  such  industries  per  (hiy,  week,  month,  or  year,  or 
by  the  piece;  the  hours  employed  per  day;  and  the  prolits  of  the  manufacturers  and  producers  of 
such  artick^s;  and  the  eoniiiaiative  cost  of  living  and  the  kind  of  living. 

It  shall  be  the  duty  oi  the  Commissioner  also  to  ascertain  and  report  as  to  the  eflfect  of  the  customs 
laws,  and  the  effect  thereon  of  the  state  of  the  currency,  in  the  Tnited  States,  on  the  agricultural 
industry,  especially  as  to  its  elVect  on  mortgage  indebtedness  of  farmers,  and  what  articles  are  con- 
trolled "by  trusts  or  other  combinations  of  capital,  business  operations,  or  labor,  and  what  ell'eet  said 
trusts  or  otht'r  combinations  of  capital,  btisiuess  operations,  or  lalior  have  on  production  and  prices. 
He  shall  also  establish  a  system  of  reports  by  which  at  intervals  of  not  less  than  two  years  he  can 
report  tlie  general  condition,  so  far  as  prodin-tion  is  eoiu'erned,  of  the  leading  industries  of  the 
country.  The  Commissioner  of  Labor  is  also  specially  ehargid  to  invi'stigate  the  causes  of  and  facts 
relating  to  all  controwrsii's  and  disputi's  between  c'Uiployers  and  laiiiiloyees  .as  they  may  occur,  and 
which  may  tend  to  interfere  with  the  welfare  of  tlie  people  of  the  dilferent  Stales,  anil  report  thereon 
to  Ccmgre.ss.  The  Commissioner  of  Labor  shall  also  obtain  such  information  upon  the  various  sub- 
jects committed  to  him  as  he  may  deem  di^sirable  from  dilTerent  foreign  nations,  and  what,  if  any, 
convict-made  goods  arc  imported  into  this  country,  an<i  if  so,  from  whence. 

Sec.  8.  That  tlie  Commissioner  of  Labor  shall  annually  make  a  report  in  writing  to  the  President 
and  Congress  of  the  information  collected  and  collated  by  him,  and  containing  such  recommenda- 


LEGISLATIVE    HISTORY  495 

lions  iix  ho  may  (ItH'in  caliiilntt'd  to  iimiiKitc  tlic  clliciciuy  of  tlic  Hopurlinciit.  He  is  also  iiutlior- 
i/A'il  loiiial<o  siH'cial  ici>orls  on  varlicnlar  sniijt'cts  wlu'UoviT  miuired  to  do  so  l.y  (lie  I'rcsidi'nt  or 
fitluT  Honso  of  ConKress,  or  wiuMi  lie  shall  tliink  tlu'  sulijcct  in  his  cliarKf  rocimrrs  il.  IIi'  shall,  on 
or  iK'foro  llu-  IMli  dav  of  DfccnilKT  in  each  year,  iniiki-  a  report  in  detail  to  Congress  of  all  inoney.s 
expended  uinler  his  direction  dnrinK  the  [ireeedinK' liseal  year.  ,         ,         , 

SEf. '.».  That  all  laws  anil  i>arts  of  laws  relatiuf?  to  the  Bureau  ot  Lat)or  ereated  under  the  net  of 
Congress  api)roved  .lune  JT,  IsM — 

Tho  act  to  wliich  tlu'  Sfiiatnr  fi-om  Iowa  calk-il  niy  attention — 

so  far  as  the  .same  are  applicable  and  not  in  conflict  with  this  act,  and  only  «>  far,  arc  contiinicd  in 
full  force  and  elTect,  and  tlie  Commissioner  of  Labor  appointed  under  said  act. 

The  rest  of  it  in  directory  as  to  some  of  th(^  work,  etc. 

Now,  Mr.  President,  suppose  it  l)e  possible  that  the  change  may  work  to  disad- 
vanta«re.  Is  not  even  the  fact  of  the  i)ossil)ility  enough  to  give  us  pause  in  the  matter, 
liecause  we  stanil  in  the  face  of  wiiat  is  conceded  by  all  to  bi' a  juTfect  machine,  a 
l)erfect  working  machine,  one  doing  most  important  work,  and,  as  mentioned  by  the 
Senator  from  New  Hampshire,  work  beyond  all  praise  in  its  etticieiicy? 

Now,  the  Senator  from  Miiniesota  made  one  suggestion  to  which  1  think  it  is 
]>roper  to  allude,  not  for  the  puri>ose  of  criticizing  it,  l)ut  for  the  purpose  of  seeing 
whether  or  not  a  conclusion  may  not  l)e  legitimately  drawn.  The  Senator  says  he 
thinks  t lie  oi)position  to  the  transfer  of  the  Department  of  Labor  comes  from  the  inside 
of  the  I>epartment  of  Lal)or.  If  so,  there  must  be  some  reason  for  it.  Here  is  a 
nejiartment  which  has  all  praise.  Here  is  an  officer  who  has  accomplished  a  great 
work,  an  officer  now  in  charge  of  it,  an  officer  intended  to  be  contimied  in  charge  of 
it.  He  must  have  some  good  reason  if  he  thinks  it  will  work  ill  to  have  the  Depart- 
ment i)ut  into  the  Department  of  Commerce  or  any  other  department.  He  must 
from  the  experience  which  he  lias 

Mr.  Lodge.  May  I  ask  the  Senator  from  Georgia  a  question? 

Mr.  Bacon.  Certainly. 

Mr.  Lodge.  Do  I  understand  him  to  say  that  the  Commissioner  of  the  Department 
of  Lal)or,  Colonel  Wright,  is  ojiposed  to  this  change? 

Mr.  P..\io.x.  I  do  n<^t  say  so;  but  I  say  the  Senator  from  INIinnesota,  in  his  presen- 
tation of  the  reasons  why  tliis  Dei>artnient  sliould  be  imt  under  the  Department  of 
Commerce,  said  he  was  satisfied  that  the  opposition  to  the  inclusion  of  it  in  the 
Department  of  Commerce  came  from  tlu'  Department  of  Labor. 

Mr.  Lodge.  Yes;  l)ut  I  do  not  understand  he  said  it  came  from  the  Commissioner. 

Mr.  Bacon.  Well,  I  do  not  say  so.  I  do  not  say  it  comes  from  anylxxly.  I  am 
simply  repeating 

INIr.' Lodge.  1  merely  want  to  say  in  this  connection,  if  the  Senator  will  allow  me, 
that  the  Connnissioner  of  the  Department  of  Labor  comes  from  my  State.  He  is  an 
old  personal  friend  of  mine.  He  lives  in  my  neighborhood  in  the  State.  He  lives 
in  the  district  which  I  formerly  represented  in  the  House.  I  have  known  him 
manv  vears.  Nobody  has  a  higher  opinion  of  him  than  I  havd,  and  if  he  is  opposed 
to  giving  the  Departiiient  of  Labor' Cabinet  representation,  then  I  very  much  misun- 
derstan<l  his  attitude. 

Mr.  Bacon.  I  will  ask  the  Senator  this  question.  I  have  no  information  whatever 
on  the  sul)ject,  and  I  am  simply  repeating  what  the  Senator  from  iMinnesota  said. 
I  never  heard  any  sugge.«tion  except  that  made  by  the  Senator  from  IVIinnesota.  It 
woidd  go  a  long  ways  with  me 

Mr.  Lodge.  I  did"  not  understand  that  the  Senator  from  Minnesota  meant  to  imply 
that  the  Commissioner  is  opposing  it. 

Mr.  Nelson.  1  did  not.  I  did  not  say  the  Commissioner  was,  but  I  said  whatever 
opposition  had  l)een  worked  up  against  thisamongthe  laboring  interests  was  inspired 
from  the  inside  of  the  I)epartment,  and  I  think  there  are  Senators  on  the  floor  who 
can  l)ear  witness  to  the  fact  that  the  lal)or  interests  of  this  country  as  a  whole  are 
not  opi)o.«e<l  to  this  transfer. 

Mr.  Bacon.  What  I  was  saying,  and  to  which  I  should  like  to  have  the  attention 
of  the  Senator  from  ^his.«achusetts,  is  this:  Is  he  prepared  to  state  that  this  distin- 
guished and  efficient  officer  favors  this  measure?  It  would  go  a  long  ways  with  me 
toward  dissipatini,'  whatever  ol)jection  I  might  have  to  it. 

Mr.  Loi)(;e.  I  have  had  in  the  past  a  great  many  letters  from  labor  organizations 
urging  the  creation  of  a  department,  so  as  to  give  to  the  interests  of  labor  as  well  as 
to  tl)e  interests  of  commerce  and  industries  Cabinet  representation.  Tiiat  could 
oidy  J)e  done,  of  course,  ])y  imtting  the  Department  of  Labor  into  an  executive 
department.  It  was  not  sufiiciently  large  to  make  an  executive  dei)artment  by 
itsielf.  Therefore  it  was  joined,  as  I  understood,  with  other  subjects.  That  was  my 
understanding  of  the  bill.  I  have  not  this  winter  talked  with  Colonel  Wright  abotit 
it,  but  1  have  certainly  tmderstood  in  the  jiast  that  he  favored  that  scheme.  If  he 
does  not,  it  is  very  strange  that  he  should  have  concealed  it  from  me,  because  he  has 


496  LEGISLATIVE    HISTOEY 

usually  talked  with  me  with  great  freedom  about  any  matters  liefore  the  vSenate 
affecting  his  Department.     I  certainly  understood  he  was  friendly  to  it. 

Mr.  Bacon.  I  should  like  to  ask  the  Senator  this  question:  Has  it  not  been  his 
understanding  that  Mr.  Wright  desired  the  Department  of  Lal)or  to  be  elevated  to 
the  rank  of  an  executive  dei^artment,  which  would  entitle  it  to  an  officer  commonly 
called  a  Cabinet  officer,  although  there  is  no  such  officer  known  by  such  title  to  the 
statute  law?  Is  not  that  the  fact?  Or  is  it  true  that  the  Senator  has  ever  had  from 
that  officer  any  ex]>ression  which  would  indicate  that  he  desired  it  attached  to  some 
other  department  in  order,  through  the  executive  officer  of  that  department,  that  his 
Bureau  should  have  Cabinet  representation? 

Mr.  Lodge.  I  understood  that  he  favored  having  the  Department  of  La1)or  in  an 
executive  dei^artment  with  Cabinet  representation.  Of  course  he  realizes,  as  every- 
body nuist  realize,  that  his  Department  alone  would  not  be  sufficient  to  constitute  a 
Cabinet  department;  that  it  must  l)e  united  with  other  cognate  matters.  My  very 
strong  impression  has  been  that  he  has  favored  for  a  long  time  some  organization  of 
this  kind. 

Mr.  Hale.  Let  me  ask,  if  the  Senator  from  Georgia  will  allow  me 

Mr.  Bacon.  Certainly. 

Mr.  Hale.  Is  the  Senator  from  Massachusetts  certain  in  his  own  mind  that  the 
Commissioner  of  Labor,  at  the  head  of  what  is  now  called  the  Department  of  Labor, 
an  independent  organization,  desires  that  his  Department  shall  be  merged  in  another 
new  department,  of  which  it  ])ecomes  simply  a  bureau? 

Mr.  Bacon.   And  he  a  subordinate. 

Mr.  Hale.  And  he  a  subordinate.  I  do  not  know;  I  have  not  the  relations  with 
the  Commissioner  of  Labor  which  the  Senator  irony  ^Massachusetts  has;  but  unless 
he  is  very  confident  of  that,  I  should  have  very  grave  doubts  whether  the  Commis- 
sioner of  Labor,  who  is  a  very  efficient  officer  and  who  has  an  indej^endent  work,  and 
who  is  not  a  subordinate  of  any  department,  would  desire  that  he  should  be  put  into 
this  new  Department  as  a  subordinate,  with  his  Department  as  a  single  bureau,  anci  a 
bureau  which,  if  the  amendment  of  the  Senator  from  Wisconsin  prevails,  may  at  any 
time  be  consolidated  with  other  bureaus.  The  Senator  from  Massachusetts  sees  the 
condition. 

Mr.  Lodge.  I  see  that. 

Mr.  Hale.  Is  he  very  w'ell  assured  on  that  point? 

Mr.  Lodge.  I  am  certain  that  the  Commissioner  of  Labor  is  in  faror  of  the  consol- 
idation of  the  statistical  departments,  so  far  as  jwssible.  I  have  had  talks  with  him 
about  that  many  times.  I  have  always  felt  that  he  is  a  man  above  all  others  to  be 
the  head  of  the  permanent  census.  I  think  he  has  felt  this  to  be  the  true  organiza- 
tion of  the  statistical  departments  of  the  Government.  I  have  not  talked  with  him, 
I  repeat,  this  winter,  in  regard  to  this  specific  bill,  but  I  have  always  understood 
from  him  that  he  feels  that  labor  ouglit  to  be  directly  represented  in  the  Cabinet, 
and  that  he  favors  a  ))ill  of  this  kind  because  it  is  impossible  to  make  a  Cabinet  posi- 
tion out  of  his  Department  alone;  it  is  necessary  to  add  other  matters. 

Mr.  Bacon.  Mr.  President,  I  submit  that  if  the  Senator  will  confer  with  his  friend, 
the  Commissioner,  he  will  find  that  the  idea  of  the  Commissioner  is  to  have  some- 
thing added  to  his  Department  and  theieby  create  that  into  a  regular  department, 
and  not  that  he  now  contemplates  the  idea  that  he  shall  l^e  made  a  subordinate  of 
some  other  dejiartment  and  his  Department  a  mere  bureau,  which,  as  the  Senator 
from  Maine  says,  under  the  amendment  offered  may  hereafter  be  simply  merged 
into  and  consolidated  with  some  other  bureau. 

Mr.  Lodge.  I  think  it  is  a  ciuestion  of  names.  If  you  call  this  new  Department 
the  "Department  of  Labor"  and  put  into  it  all  the  commercial  bureaus  from  the 
Treasury  Department,  it  would  suit  me  exactly  as  well.  What  I  want  to  get  is 
improved  administration,  and  that  I  think  we  are  going  to  reach. 

Mr.  McCoMAS.  Could  we  not  call  it  the  "Department  of  Commerce  and  Labor?" 

Mr.  Lodge.  You  can  call  it  anything  you  please  so  we  get  the  result,  which  I 
believe  will  be  the  better  administration  of  many  important  bureaus  which  ought  to 
be  grouped  under  one  department  instead  of  being  in  a  department,  as  some  of  them 
are  now,  which  is  overloaded  with  other  work. 

Mr.  Bacon.  Mr.  President,  not  to  detain  the  Senate,  I  wish  to  call  attention  to 
what  I  consider  to  be  the  true,  practical  consi<lerations  in  this  matter.  One  I  have 
already  stated,  and  I  will  repeat  it  in  brief.  It  is  that  we  now  have  a  perfect  work- 
ing Department,  and  it  is  altogether  within  the  range  of  probability  that  if  we  sub- 
ordinate the  Commissioner  of  La])or  totlie  head  of  a  department  there  may  be  such 
interference  and  such  embarrassment  as  to  impair  that  which  all  now  say  is  a  perfect 
work  and  needs  no  improvement. 

That  is  one  consideration.  The  other,  to  which  I  have  already  alluded,  is  that 
the  great  mass  of  the  constituency  of  this  country  who  are  directly  presumed  to  be 


LEGISLATIVE    HISTORY  497 

iiiterestotl  in  this  matter  will  1)0  the  better  patislied  if  it  does  not  appear  that  this 
Department,  wliieh  wa-sonee  a. subordinate  bureau,  andoutof  tiiat  sul)ordinate  bureau 
elevated  into  tlie  diirnity  of  an  independent  deiiartment,  has  lieen  a.^ain  reduced  to 
the  status  of  a  dcjiendent,  sulxmlinate  l)ureau  in  another  (lejtartment.  I  tliink,  tiven 
if  the  hitter  is  nothiuji  l>ut  a  sentiment,  those  who  are  interested  in  that  sentiment 
are  sullicient  in  their  importance  and  in  the  interest  which  they  represent  to  com- 
mand our  rtvsi)ect  for  that  si'iitinu-nt. 

Now,  Mr.  rresidcnt,  1  will  simjily  read  one  sentence  from  a  letter  which  was  read 
xestenhiy  in  the  Senate.  It  was  laid  ]>efore  the  Senate  by  the  President  pro  tempore 
of  the  Senate,  to  whom  it  had  been  addressed  by  the  ]iresident  of  the  American 
Federation  of  Labor,  Samuel  Gonipers,  protesting  against  the  inclusion  of  the  Depart- 
ment of  Labor,  now  an  independent  Department,  in  the  Department  of  Commerce  as 
a  subordinate  bureau.  The  letter  was  addressed  to  the  President  i)ro  tempore,  as 
I  said,  and  by  him  laid  before  the  Senate  and  read  at  length.  The  concluding  sen- 
tence of  it  alone  I  now  read,  because  it  appears  in  full  in  the  Record  of  yesterday's 
l)roceedings: 

It  is  thcroforo  urgently  requested  that  in  the  event  tliat  the  honorable  Senate  should  deem  it  wise 
ti>  enact  Senate  bill  669,  that  the  Department  of  Labor  as  now  constituted  may  be  eliminated  from 
it.s  provisions. 

I  understand  that  the  Federation  of  Labor  really  i-epresents  the  leading  labor 
organizations  of  the  United  States,  and  unless  there. is  some  good,  controlling  reason 
why  it  should  be  so  included,  having  now  a  Department  working  well,  that  simple 
request,  I  think,  ought  to  lie  regarded  by  ns. 

For  tliat  reason,  ]\Ir.  President,  I  trust  that  the  amendment  offered  by  the  Senator 
from  Alabama  may  prevail. 

Mr.  H.\Nx.\.  ;Mr.  President,  as  a  mem1)er  of  the  subcommittee  who  have  had  in 
charge  this  bill  now  for  more  than  a  year,  having  giving  the  subject  a  great  deal  of 
study  and  attention,  and  being  to  a  very  great  extent  familiar  with  the  sources  from 
wliich  this  demand  comes,  I  feel  that  the  discussion  of  the  bill  has  not  fairly  pre- 
sented the  case  to  the  Senate. 

The  object  of  the  proposed  Department  of  Commerce  is  to  secure  more  detailed 
attention,  more  concert  of  action  on  the  part  of  the  Government  to  the  great  indus- 
trial interests  of  the  country  as  well  as  the  commercial  interests,  and  when  I  say 
industrial  interests  I  mean  to  include  capital  and  labor  as  well. 

It  is  a  well-known  fact  that  when  our  Government  was  organized  there  were  but 
three  departments  of  Government.  As  the  country  has  grown  in  population  and 
wealth  and  development  additional  departments  have  been  organized  to  meet  the 
necessities  of  the  case.  That  condition  has  always  come  as  a  result  of  overburdening 
all  the  departments  transacting  the  business  of  the  Government,  and  that  is  the  con- 
dition to-day,  Mr.  President,  particularly  with  regard  to  the  Treasury  Department 
and  tlie  Department  <  )f  the  Interior.  In  "the  growth  and  development  of  our  country 
new  conditions  and  varied  conditio'ns  have  made  it  an  absolute  necessity  to  organize 
bureaus  in  order  that  the  interests  of  these  industries  could  be  looked  after.  That 
has  necessitated  the  attachment  of  those  bureaus  to  one  department  or  another  until, 
as  I  said,  l)Oth  the  Treasury  and  the  Interior  Departments  are  to-day  overloaded. 

Now,  I  believe,  as  a  matter  of  princi})le,  it  is  all  important  that  there  should  be  no 
indejiendent  bureau  rei>resenting  any  interests,  Init  all  should  be  attached  to  some 
department  or  another  under  the  executive  influence  of  that  department. 

Mr.  Hale.  Will  the  Senator  let  me  ask  him  a  question? 

^Ir.  II.\NN.\.  Certainly. 

Mr.  ILm.k.  Adopting  that  general  rule,  the  force  of  which  I  see,  what  would  the 
Senator  do  with  the  Interstate  Commerce  Commission?  That  is  a  purely  independ- 
ent body. 

Mr.  Haxxa.  If  I  was  going  to  attach  that  Bureau  to  a  department,  I  would  attach 
it  to  the  Department  of  Justice.     It  is  purely  a  judicial  body,  as  I  understand  it. 

Mr.  Hale.  If  the  great  end  and  aim  of  this  bill,  for  whicli  I  know  the  Senator  has 
been  earnestly  and  seriously  engaged  for  years,  is  to  include  foreign  commerce, 
internal  commerce,  manufactures,  and  all  that  relates  to  the  great  lal)oring  interests 
of  the  country  engaged  either  in  foreign  commerce,  internal  commerce,  or  manufac- 
tures, certainly  the  Interstate  Commerce  Commission,  which  is  simply  judicial  in  its 
decisions  affecting  interstate  commerce,  ought  to  l)e  under  the  head  and  control  of 
this  Department,  it  seems  to  me,  if  any  of  these  other  bureaus  are  to  be  attached 
to  it. 

Mr.  IIanna.  If  the  Senator  will  offer  that  as  an  amendment  I  will  vote  for  it. 
Mr.  Hale.   I  am  preparing  an  amendment  now  to  that  effect. 
Mr.  HoAK.  AVill  the  Senator  allow  me  to  ask  him  a  (piestion? 

27028—04 32 


498  LEGISLATIVE    HISTORY 

Mr.  Bacon.  I  would  remind  the  Senator  from  Maine,  with  tlie  permission  of  the 
Senator  from  Ohio,  of  the  fact  tliat  tlie  Supreme  Court  of  the  United  States  has 
determined  that  it  is  not  a  judicial  l)ody. 

Mr.  Hoar.  I  will  ask  the  Senator  if  he  thinks  it  would  be  proper  to  jmt  a  purely 
judicial  function  of  the  (Tovernment  into  any  executive  department  whatever? 

Mr.  Hann.\.  I  must  ask  that  I  be  not  led  away  from  the  argument  I  am  trying  to 
make  by  a  proposition  which  is  ]iot  ])efore  tlie  Senate.  We  are  discussing  tlie  ques- 
tion as  to  whether  or  not  the  Bureau  of  Lalior  shall  become  a  part  of  tliis  Depart- 
ment. I  say  that  it  should;  and  when  the  statement  is  made  on  this  floor  that  the 
laboring  interests  of  this  country  are  opposed  to  it,  1  do  not  believe  it.  I  recognize 
that  Mr.  Gompers,  president  of  the  Federation  of  Labor,  represents  a  large  element 
of  those  people  and  speaks  with  authority  for  himself,  representing  the  organization 
that  he  does. 

But  that  the  whole  army  of  laboring  men  in  this  country  are  opposed  to  this 
measure  1  deny.  It  has  been  my  privilege  to  discuss  this  question  with  labor  leaders 
many  times  during  the  last  year,  and  most  of  them  are  heartily  in  favor  of  a  depart- 
ment of  tlie  Government  to  be  called  the  labor  department;  and  if  you  call  it  the 
labor  department  and  attach  all  else  that  is  provided  for  in  this  bill  to  that  depart- 
ment, you  will  get  a  letter  from  every  one  of  them  supporting  it. 

It  does  not  make  any  difference  what  the  name  of  this  department  may  be,  as  an 
industrial  feature  it  represents  capital  as  Avell  as  labor.  There  is  no  interest  in  the 
United  States  to-day  that  demands  the  attention  of  Congress  to  help  and  further  our 
development  more  than  this  very  question  of  having  an  established  department  of 
the  Government,  acting  in  concert  with  like  departments  all  over  Europe  and  the 
civilized  world;  for  a  department  of  commerce  is  established  and  acting  along  these 
lines  in  every  nation  that  competes  with  us  in  the  markets  of  the  world. 

It  makes  no  difference  whether  you  call  it  commerce,  industry,  and  labor,  or  one 
of  the  three,  the  object  is,  as  I  miderstand  it,  to  bring  into  concrete  form  an  organi- 
zation as  a  department  of  this  Government  that  shall  be  charged  with  and  shall  be 
responsible  for  looking  after  and  furthering  the  interests  of  our  industries  and  com- 
merce along  the  same  line  and  for  the  same  purpose  for  which  all  other  departments 
were  organized,  an<l  particularly  that  of  Agriculture. 

It  has  been  stated  that  the  Department  of  Agriculture  was  organized  and  in  opera- 
tion as  a  separate  bureau  for  twenty  years  before  it  was  made  into  a  Department. 
That,  I  presume,  is  the  fact;  but  it  is  no  less  a  fact  that  all  the  branches  of  industry 
which  have  contributed  to  the  necessity  for  a  department  of  commerce  are  clamoring 
here  to-day  for  the  same  recognition,  and  they  urge  the  same  reason. 

The  Presiding  Officer  (Mr.  Gallinger  in  the  chair) .  The  Senator  from  Ohio  will 
suspend  for  a  moment.  The  hour  of  2  o'clock  having  arrived,  it  is  the  duty  of  the 
Chair  to  lay  before  the  Senate  the  unfinished  business,  which  will  be  stated. 

The  Secretary.  A  bill  (H.  R.  5833)  temjiorarily  to  provide  revenue  for  the  Phil- 
ippine Islands,  and  for  other  purposes. 

Mr.  LoDCiE.  I  ask  that  the  unfinished  business  may  l)e  temporarilj'  laid  aside. 

The  Presiding  Officer.  Is  there  objection  to  the  request  made  by  the  Senator  from 
Massachusetts?    The  Chair  hears  none.     The  Senator  from  Ohio  will  proceed. 

Mr.  Hale.  The  Senator  from  Ohio  is  not  quite  right  in  saying  that  the  Agricultural 
Department  for  years  was  a  bureau  under  any  department.  It  was  like  the  Depart- 
ment of  Labor. 

Mr.  Hanna.  I  did  not  say  that  it  was  under  any  department. 

Mr.  Hale.  It  was  not  a  bureau.     It  was  called  the  Department  of  Agriculture. 

Mr.  Hanna.  It  had  no  Cabinet  officer. 

Mr.  Hale.  It  had  no  representative  in  the  Cabinet,  but  for  more  than  twenty  j'ears 
it  was  like  the  Department  of  Labor,  and  like  the  Fish  Commission,  and  perhaps  one 
or  two  others,  an  independent  department  technically,  without  having  a  head  in  the 
Cabinet,  but  it  had  no  relation  as  a  bureau  to  any  department. 

Mr.  Hanna.  I  understand  that;  I  appreciate  it;  and  that  is  a  growing  evil,  if  I 
may  call  it  such,  in  reference  to  our  departmental  or  bureau  organization.  The 
development  of  the  country  in  all  its  ramifications  makes  it  important  and  neces- 
sary that  some  factor  of  Government  should  give  attention  to  those  particular  inter- 
ests. These  bureaus  multiply.  If,  as  you  liave  proposed  to  do,  you  strike  from  this 
bill  the  Bureau  of  the  Census  you  might  go  on,  if  you  want  to  defeat  the  bill,  and 
strike  every  other  bureau  from  it  that  would  give  it  any  standing  or  make  any  demand 
for  such  a  department. 

Now,  in  reference  to  the  Census  Bureau,  if  it  is  the  intention  of  the  Government  to 
make  that  a  permanent  bureau 

Mr.  Clay.  Will  the  Senator  let  me  ask  him  a  question  in  connection  with  what  he 
has  said? 

Mr.  Hanna.   Certainly. 


LEGISLATIVK    HISTORY  499 

'Mr.  Ci.AV.  The  main  juirpost-  of  tliis  liill  is  thai  "it  siiail  he  tlu- in-oviiiccaiul  duty 
of  .said  l)urraii,  undtT  thi'  dirri'tion  of  thr  SciTctarv,  to  foster,  promote,  and  develop 
tlie  various  manufaeturiuLr  iudustrii's  of  the  United  States  and  markets  for  the  same 
at  home  and  ahroad,  domestic  and  foreign,  by  ^atiierin^',  compiling',  pul)lishin<,',  and 
su]>plyiujr  all  avaiiahle  and  useful  int'ormation  eonceruin^'  such  industries  an(l  such 
markets,  and  l>y  such  other  nietliods  ami  means  as  may  lie  prt'scrihed  l)y  the  Seere- 
retary  or  provided  by  law." 

I  understand  that  is  the  prime  i)urpose  of  the  bill,  and  it  was  proposed  to  trans- 
fer the  Labor  Dejiartment  and  the  Census  Hureau  to  this  new  r)e])artment,  simply 
to  enable  the  new  Secretary  to  carry  out  the  original  designs  of  the  bill.  As  I  under- 
stand it,  neither  the  majority  nor  the  minority  of  the  eonunittee  had  it  in  view  to 
cripple  or  in  any  way  injure  the  labor  interests  of  this  country,  but  that  tlu^  labor 
interests  would  in  no  wi.se  be  affi'ctcd  by  this  transfer;  that  the  Labor  Department 
would  be  contimied  to  be  operated  just  as  it  had  been  in  the  past,  and  that  these 
departments  were  transferred  to  the  Department  of  Commerce  sinijjly  to  aid  that 
Department  in  carrying  out  its  purposes. 

Mr.  ILvxNA.  That  is  all  right;  1  do  not  object  to  that  statement;  nor  do  I  anticipate 
that  the  proposed  transfer  will  in  any  way  interfere  with  the  etticiency  of  any  of 
these  bureaus.  If  we  are  to  make  the  Census  Bureau  a  permanent  organization,  it  is 
to  be  done  f(^r  what  purpose?  To  enumerate  in  every  decade  our  jtopnlation?  No; 
but  in  order  that  the  Government  may  have  upon  file  the  statistit-s  gathered  every 
year  in  relation  to  the  great  inchistrial  interests,  and  in  order  that  to ose  statistics 
may  be  obtained  in  a  way  that  would  be  entirely  reliable.  I  claim  that  that  is  the 
only  argument  by  which  we  can  support  regularly  and  permanently  a  Census  Bureau. 
The  simjile  taking  of  the  census  once  in  ten  years  does  not  justify  the  expense  to 
this  Government  of  maintaining  a  bureau  of  hundreds  of  clerks. 

In  ]>assing  I  wish  to  pay  a  tril)ute  to  the  present  Census  Bureau  for  the  efficiency 
they  have  disj)layed  in  gathering  valuable  statistics  witli  reference  to  our  industrial 
interests.  It  is  the  first  time  within  my  knowledge  that  it  ever  has  been  successfully 
accomplished.  I  want  to  preserve  that  feature  of  the  Census  Bureau.  I  want  to 
encourage  it.  I  want  to  amplify  it  in  every  possible  way  by  al)le  executive  al)ility. 
Therefore  I  claim  that  that  Bureau  should  be  put  back  into  this  bill,  as  the  way  by 
which  it  can  best  serve  and  the  only  way  by  wliich  it  can  serve  fully  and  completely 
the  industrial  interests  of  this  country. 

With  reference  to  the  labor  feature,  as  I  stated  before,  Mr.  President,  I  do  not 
hesitate  to  say  that  there  is  no  strong  ojiposition  among  the  workingmen  to  this  bill. 
With  all  due  respect  to  ]\Ir.  Gompers's  letter,  voicing  his  own  ideas  upon  this  ques- 
tion, if  it  is  understood  by  organized  and  unorganized  labor  that  that  feature  of  our 
industrial  interests  is  to  be  made  prominent  in  this  Department,  you  will  find  a 
hearty  cooperation.  It  matters  not  to  me  if  the  distinguished  and  al)ie  Chief  of  the 
Labor  Bureau  should  be  ])laced  at  the  head  of  this  Dei)artment.  You  may  call  it  a 
Department  of  Labor,  for  aught  I  c^re,  because  you  can  not  separate  that  part  of  the 
industrial  interest  from  the  other. 

Mr.  President,  all  the  gieat  commercial  bodies  and  industrial  organizations  of  this 
country  have  been  demanding,  not  particularly  as  a  right,  but  in  the  interest  of  the 
great  commercial  and  industrial  interests,  that  sutdi  a  bureau  should  be  established. 
When  we  come  to  consider  the  responsibilities  of  the  Government  by  comparing  the 
cost  of  its  execution,  the  forty  or  fifty  thousand  dollars  a  year  additional  that  will 
give  us  tins  Department,  whose  Inisiness  it  shall  be  to  look  in  detail  to  all  that  will 
contribute  to  the  development  of  the  great  industrial  interests  of  this  country,  we 
are  accomplishing  a  purjtose  the  cost  of  which  is  a  bagatelle. 

Now,  what  else  is  there  in  the  way  of  it?  Simply  an  indisposition  or  a  jealou.sy, 
perchance,  on  the  part  of  those  who  are  connected  or  disconnected  with  these  bureaus 
opposing  the  concrete  form  of  these  interests  under  one  head.  Is  there  anyone  on 
this  floor  who  can  dispute  the  fact  that  a  close,  effective  organization,  with  one  able 
executive  head,  is  always  the  best  way  to  accomplish  a  result?  Has  it  not  been 
j)roven  in  every  department  of  the  Government  which  has  been  organized  and  put 
into  executioiv  that  its  valu(»  toward  the  great  body  politic  has  been  enhanced?  Has 
it  not  been  di'monstrati^d  that  when  the  \avy  separated  from  the  Army  the  Navy 
was  better  i)rovided  for,  and  when  one  bureau  after  the  other  was  se])arated  (hiring 
the  i)rogress  and  development  of  this  country  that  each  one  benefited  thereby? 

Now,  ]\Ir.  President,  my  pro])osition  is  that  we  have  grown  to  suc-h  i)roportions  in 
this  country,  and  it  is  a  demonstrated  and  established  fact  that  owing  to  our  natural 
advantages  and  our  great  resources  we  are  ])rogressing  at  such  a  rate,  that  we  can 
not  measure  our  necessities  until  we  are  face  to  face  with  them.  We  are  there  now. 
We  are  on  the  eve  of  a  condition  in  this  country  where  we  are  forced  to  expand  our 
trade  and  connuerce.  Alreatly  our  ]»roductive  ca])acity  is  far  beyond  our  caj)acity 
for  consumption,  and  either  one  of  two  things  must  result. 


500  LEGISLATIVE    HISTORY 

We  must,  either  find  a  market  for  that  t^urphiH  or  we  must  restrict  our  prochiction 
to  our  own  home  wants.  We  are  entering  a  new  field  of  competition  with  the  trade 
of  the  world;  we  are  entering  upon  a  new  era  in  our  development,  and  it  is  the  husi- 
ness  of  the  Congress  of  the  United  States,  in  any  and  every  way  that  it  can  contribute 
to  it,  to  grant  such  conditions  as  are  asked  for  in  this  bill.  I  admit  the  foundation 
and  j)urpose  of  the  bill  as  the  Senator  from  (Tcorgia  [Mr.  Clay]  has  stated,  but  it  is 
not  circumscribed  merely  to  the  collection  of  statistics. 

Mr.  Clay.  The  Senator  from  Ohio  misunderstood  me.  I  voted  in  favor  of  this  bill 
in  the  committee  and  I  expect  to  vote  for  it  here.  1  said  that  the  prime  purpose  of 
the  bill  in  transferring  to  this  new  Department  the  De]iartment  of  Labor,  which  is 
an  independent  Department,  was  simply  to  aid  the  Secretary  of  the  new  Department 
in  carrying  out  the  purposes  of  the  bill. 

Mr.  Hanna.  That  is  as  1  understand  it. 

Mr.  Clay.  1  said  that  the  relations  l)etween  labor  and  capital  were  important  in 
manufacturing  and  in  establishing  new  markets,  and  if  we  did  not  transfer  certain 
work  to  this  new  Department  it  would  never  accomplish  its  purposes.  That  was  the 
position  1  took. 

Mr.  Hanna.  I  perfectly  agree  with  the  Senator  from  Georgia. 

Mr.  Hale.  I  was  rather  surprised  that  the  Senator  should  have  fallen  into  what  is 
rather  a  commonly  accepted  fad  at  the  present  day,  that  we  shall  go  into  a  decline  if 
we  do  not  capture  the  trade  of  the  world.  Does  not  the  Senator  realize  that  in  the 
last  four  or  five  years  we  have  captured  pretty  much  all  the  trade  of  the  world  that 
is  worth  anything? 

Mr.  Hanna.  No,  sir;  I  do  not. 

]Mr.  Hale.  Then  the  Senator  and  I  disagree. 

Mr.  Hanna.  We  do. 

Mr.  Hale.  The  record  of  what  has  been  done  under  the  Dingley  tariff  act  is  the 
most  amazing  rec<5rd  of  the  progress  and  absorption  of  foreign  trade  ever  exhibited 
to  the  world.  We  have  absorbed  foreign  trade  in  the  great  countries  that  are  our 
competitors,  and  we  have  a  population  capable  of  almost  indefinite  consumption.  We 
have  not  wasted  our  energies  in  a  dream  of  wdiat  is  called  oriental  trade,  which  never 
did  and  never  will  figure  in  comparison  with  the  markets  of  the  civilized  countries  of 
the  world  that  are  our  competitors. 

We  have  invaded  England  and  Germany  and  Austria  and  Belgium  and  France  and 
Italy  and  Russia,  and  have  a  record  of  trade  established  such  as  has  never  been  seen. 
For  the  Senator,  who  stands  as  the  representative  as  much  as  any  man  upon  this  floor 
of  the  exploits  and  achievements  of  the  Dingley  tariff  act,  to  join  the  ranks  of  the  men 
who  declare  that  we  will  be  ruined  if  Ave  do  not  get  markets  for  our  goods  is  to  me  a 
surprise. 

Some  day,  Mr.  President,  I  shall  take  occasion  more  fully  to' expose  what  I  call  this 
fallacy,  this  dream,  this  assumption,  that  the  oriental  trade  is  the  thing  for  which  we 
have  got  to  live  hereafter. 

Mr.  Hanna.  I  do  not  remember  having  mentioned  the  Orient,  and  T  should  be  very 
sorry  to  admit  that  the  Senator  from  Maine  is  correct  in  saying  that  we  have  already 
captured  the  markets  of  Elurope.  If  we  have  got  those  markets,  then  we  have  cer- 
tainly limited  ourselves  to  our  present  capacity. 

Mr.  Hale.  We  are  increasing  all  the  time  in  those  markets. 

Mr.  Hanna.  That  is  what  I  said. 

Mr.  Hale.  And  we  do  not  need  further  action,  nor  further  departments,  nor  fur- 
ther legislation. 

Mr.  Hanna.  I  understand  the  Senator  from  Maine  is  simply  opposed  to  this  bill, 
and  he  is  very  fertile  in  his  arguments.  If  I  had  time,  I  should  wait  and  hear  what 
he  has  to  say  when  he  makes  a  speech  later. 

I  do  not  claim  to  represent  singly  or  particularly  any  interest  on  this  floor.  If  my 
business  life  has  been  such  as  to  enable  me  to  speak  advisedly  upon  the  necessities 
and  the  wants  of  the  great  commercial  and  industrial  interests  of  this  country,  I  feel 
that  I  am  hajipy  in  having  such  a  fad  that  will  enable  me  occasionally  to  make  my 
appearance  on  the  floor. 

But,  Mr.  President,  what  I  began  to  say  was,  that  the  commercial  and  industrial 
interests  of  this  country,  in  the  same  way  as  the  agricultural  interests,  are  demanding 
something  of  this  kind  as  an  auxiliary  to  the  further  development  of  those  great 
industrial  and  commercial  interests,  and  I  am  trying  to  emi)hasize  the  fact  that  when 
I  speak  for  the  industrial  interests  I  include  labor,  organized  fir  unorganized,  and  I 
include  any  other  business  or  feature  which  in  any  way  can  be  connected  with  that 
development.  I  say  as  an  argument  in  favor  of  this  bill  that  I  believe  all  those 
interests  can  be  better  served  by  it.  1  do  not  lielieve  there  is  a  member  of  this  body 
who  does  not  wish  that  to  be  si>.  The  (juestion  of  detail  is  insignificant,  in  my  judg- 
ment, compared  with  the  benefits  to  be  derived  from  such  a  measure. 


LEGISLATIVE   HISTORY       *  501 

In  regard  to  the  Labor  Bureau  fiuestion,  I  want  to  repeat  an<l  to  enii)hasize  that  I 
should  have  no  ohjeetion  tn  calMng  it  the  department  of  hd)or,  or  the  (h'partnient  of 
labor  and  industry,  or  the  di'partmcnt  of  coninierce,  industry,  and  labor — by  what- 
ever name  von  please —  if  all  the  eU'intMits  that  can  contribute  to  the  su(•(•e^JS  of  the 
great  eonmien'ial  and  industrial  interests  of  this  country  can  be  brought  into  action 
and  complete  administration. 

I  say  in  reference  to  the  organization  of  the  Census  Bureau  tliat  it  is  ii  great  nus- 
take  to  leave  that  feature  out  of  this  bill,  because  that  great  organization  can  be 
employed,  and  usefully  emi)loyed,  every  year — yes,  every  month  and  day  of  the 
year — in  promoting  those  interests  which  we  advocate,  in  furnishing  statistics  which 
are  al)solutely  important,  aye,  which  are  absolutely  a  necessity  for  the  country  to 
have,  because  there  are  no  other  channels  provided  for  their  collection  and 
a.<send)lage. 

It  would  be  a  misfortune  at  this  time  in  our  history,  in  our  condition,  to  divide 
this  industrial  question  by  raising  the  issue  that  one  part  of  it  is  labor  and  the  other 
part  capital.  Those  interests  are  identical  and  nuitual.  What  is  good  for  one  is 
equally  g(,)od  for  the  other,  and  it  is  a  mistake  that  either  the  representatives  of  labor 
or  of  capital  should  attempt  to  use  the  argument  that  there  is  any  difference  in  inter- 
est other  than  sentimental. 

It  is  a  good  thing  for  ns  to  do  t(j  imite  our  efforts  to  bring  those  elements  of  society 
upon  the  same  plane,  upon  an  equal  footing,  in  considering  all  their  interests  in  this 
country  for  wliich  we  have  the  right  to  legislate.  I  will  concede  to  them,  or  to  the 
l)nreaus  proposed  to  be  included  in  this  new  Department,  the  name  by  which  it  shall 
be  called  and  a  member  of  the  Cabinet,  who  shall  be  the  executive  head  of  that 
Department.  I  care  nothing  for  that.  I  am  pleading  for  the  results,  which  I  believe 
and  know  will  be  lieneticial  to  the  development  of  tliis  country,  to  its  future  growth 
and  prosperity,  and  not  for  any  sentiment  as  to  the  name  or  as  to  the  men. 

I  take  it,  w-hoever  is  the  President  of  the  United  States,  if  this  bill  should  become 
a  law,  would  exercise  his  judgment  and  di.scretion  in  placing  at  the  head  of  this  new 
Department  a  man  in  every  way  (jualitied  to  represent  its  interests,  who  would  hon- 
estly and  disinterestedly  do  all  in  his  power  to  serve  the  interests  over  wdiich  he  is 
placed  by  a  concert  of  action  with  all  the  other  departments  and  machinery  of  the 
Governnient,  and  would  lend  his  aid  in  every  way  possible  for  the  further  develop- 
ment of  our  great  interests  at  home  and  abroad.  It  needs  no  argument,  Mr.  Presi- 
dent, to  inspire  that  feeling  of  Americanism  in  the  hearts  of  the  American  people. 

Mr.  Hale.  I  offer  an  amendment  to  the  pending  bill,  which  I  send  to  the  desk, 
and  ask  that  it  may  be  printed,  so  that  it  may  come  up  hereaftt-r.  The  l)ill  evidently 
will  not  i)ass  to-day.  Let  the  Secretary  read  the  amendment,  and  then  let  it  be 
])rinted. 

The  President  pro  tempore.  The  amendment  proposed  by  the  Senator  from 
Maine  will  be  stated. 

The  Secret.vrv.  r)n  page  H,  section  4,  line  22,  after  the  world  "connnerce,"  it  is 
propo.sed  to  insert: 

And  the  Interstate  Commerce  Commission  and  all  tlmt  ]iertiuns  to  the  siime  be,  and  the  same  are 
hereby,  placed  under  the  jurisdiction  and  made  part  of  the  Department  of  ('ommerce. 

The  President  pro  tempore.  The  proposed  amendment  will  be  printed  and  lie 
upon  the  table. 

^Ir.  Elkins.  So  far  as  I  am  concerne*!,  1  think  that  is  a  very  good  amendment, 
without  being  printed. 

Mr.  Hale.  It  does  not  hurt  it  to  be  printed. 

Mr.  Klkins.  Of  course  it  does  not  hurt  it  to  be  printed,  but  it  does  not  help  it. 

Mr.  Hale.  I  ask  that  it  be  printed. 

Mr.  Elkins.  The  amendment  is  easily  understood. 

Mr.  Hale.  I  ask  that  it  be  i)rinted,  "because  the  bill  evidently  will  not  pa.«s  to- 
night, and  therefore  I  am  entirely  willing  that  Senators  shall  have  the  opportunity 
to  consider  the  amendment. 

]Mr.  Neuson.  Has  the  Senator  any  objection  to  taking  the  vote  on  the  amendment 
now?     We  can  consider  the  amendment  without  its  being  printed. 

Mr.  Elkins.  ]\Ir.  President 

Mr.  Hale.  Does  the  Senat(jr  wish  to  discuss  the  matter  further  now?  The  bill 
can  not  be  passed  to-night. 

Mr.  Elkins.  I  should  like  to  say  a  few  words  on  the  pending  bill. 

The  President  pro  tempore.  The  Senator  from  West  Virginia  is  recognized. 

Mr.  Elkins.  Mr.  President,  I  am  heartily  in  favor  of  creating  or  establishing 
another  department  of  the  Government,  to  l)e  called  the  Department  of  Connnerce, 
if  you  please,  or  the  Department  of  Commerce  and  Labor,  or  the  Department  of 
Commerce  and  Industry.     This  (jnestion  has  been  thought  about,  mooted,  and  dis- 


502  LEGISLATIVE    HISTORY 

cussed  for  more  than  twenty-five  years,  and  during  that  time  I  have  never  found 
anybody  substantially  opposed  to  it.  Now  that  everything  is  expanding  in  our  Gov- 
ernment, that  our  business  is  enlarging  on  sea  and  land  in  agriculture,  luunufactm-- 
ing,  mining,  banking,  railroading,  it  does  seem  to  me  that  the  interests  of  the  country 
can  be  better  safeguarded  by  dividing  tlie  work  of  the  departments. 

The  best  reason  for  the  passage  of  this  l>ill  is  the  congested  condition  of  business 
in  the  Treasury  and  Interior  departments  and  in  some  other  departments.  While  I 
think  we  have  had  able  men  at  the  head  of  the  Treasury  Department  and  that  they 
have  done  all  that  could  be  done,  and  without  disparagement  of  any  of  our  very  al)le 
Secretaries,  it  may  be  said  that  it  is  inii>(i8sil)le  for  one  man  to  control  and  manage 
the  large  interests  which  center  in  the  Treasury  Department.  It  is  inipossiljle  for 
one  man  to  give  that  attention  to  the  business  which  naturally  comes  to  the  Treas- 
ury Dejiartment  wliich  will  enable  him  to  administer  it  as  wisely  and  as  well  as  it 
should  be  administered. 

It  was  for  a  long  time  thought  that  there  ought  to  be  two  Secretaries  of  the  Treas- 
ury— one  to  take  charge  of  the  disbursements  and  the  other  the  receipts — in  order  to 
divide  the  business  aiul  the  responsibility  of  adniinisti-ation;  but  it  seems  to  me  that 
this  bill  meets  the  dithculty  of  congestion  in  both  the  Treasury  and  Interior  Depart- 
ments by  giving  something  from  each  of  them  to  the  Department  of  Connnerce  pro- 
vided by  this  bill.  It  takes  several  important  bureaus  from  the  Treasury  Department 
and  transfers  them  to  the  new  Department,  thereby  relieving  the  Treasury  Depart- 
ment.    The  same  thing  occurs  in  the  Interior  Department,  which  is  also  congested. 

I  believe,  in  addition  to  these  reasons,  tliatour  rapidly  increasing  business  on  land 
and  on  sea  will  ))e  better  subserved  by  creating  this  new  Dei)artment.  Vast  responsi- 
bilities, new  duties,  increased  business  will  come  to  the  Executive  Departments  of 
the  Government  by  reason  of  our  expansion — the  acquisition  of  the  Philipijines, 
Porto  Rico,  Hawaii,  and  the  rajud  growth  of  our  Alaskan  possessions.  We  must 
proviile  for  these  new  duties  and  this  increased  business  by  relieving  the  Treasury 
and  other  dei)artments  of  the  lieavy  burdens  now  resting  upon  them.  Business  is 
multiplying  s(j  rajiidly  in  the  United  States  and  in  our  new  possessions  that  the  public 
servic-e  nuist  suffer  and  the  interests  of  the  Government  and  people  1)e  neglected 
unless  there  is  some  relief. 

Our  Cabinet  is  not  large  as  compared  with  European  cabinets.  The  President,  in 
my  opinion,  would  l)e  aided  by  having  another  Cabinet  adviser.  It  will  be  helpful  to 
the  President,  it  seems  to  me,  and,  as  s  >  well  said  Ijy  the  Senator  from  Ohio  [Mr. 
Hanna],  the  interests  of  labor  and  cajjital,  of  so  delicate  and  peculiar  character,  will 
both  have  better  attention  ami  will  be  better  sul)served  l\y  this  new  Depai'tment. 
The  labor  interests  of  the  country  will  receive  better  attention,  and  perhaps  the  dif- 
ficulties Vjetween  labor  and  capital  can  be  better  solved  by  having  the  I'are  and  atten- 
tion ofa  Cabinet  officer.  Tha  safety  of  society  and  even  the  Government  depend 
upon  keeping  labor  and  capital  reconciled  and  in  harmony,  as  they  should  be. 

I  do  not  care  what  name  shall  be  given  to  this  new  Department.  The  I'ommittee 
thought  one  name  was  best  for  the  reason  that  all  the  departments  have  l)ut  one 
name.  We  have  the  Treasury  De|)artment,  the  War  Department,  the  State  Depart- 
ment, and  so  on,  and  the  committee  agreed  it  would  be  well  to  keep  a  single  name, 
but  if  it  will  help  the  bill  in  any  way  to  call  the  proposed  Department  the  Department 
of  Commerce  and  Labor,  or  the  Department  of  Commerce  and  Industry,  or  all  three, 
I  have  no  objection. 

But  the  great  reason  for  this  bill  and  the  creation  of  a  new  Department  is  that  it  is 
impossible  now,  I  believe,  for  the  Secretary  of  the  Treasury  and  the  Secretary  of  the 
Interior  to  control  and  manage  their  departments  as  well  and  efficiently  as  if  they 
were  divided  and  relieved  of  some  of  the  burdens  and  work.  We  ought  to  relieve 
the  congested  condition  of  the  pul)lic  business  in  the  various  departments,  so  that  it 
can  have  better  and  more  thorough  attention.  Tiiis  is  in  the  interest  of  the  people. 
The  Government  was  made  for  the  people,  and  not  the  people  for  the  Government. 

The  President  pro  tempore.  The  question  is  on  the  amendment  offered  by  the 
Senator  from  Alabama  [Mr.  Pettus]. 

Mr.  CocKRELL.  ]VIr.  President,  I  do  not  think  that  the  argument  that  the  business 
in  the  Executive  Departments  is  now  congestetl  and  therefore  they  are  not  capable 
of  transacting  it  will  hold  good.  The  question  is  Avhether  any  of  the  bureaus  which 
are  proposed  to  be  transferred  by  this  bill  to  the  Department  of  Commerce  are  in 
arrears  in  the  transaction  of  their  business,  and  that  it  is  in  such  a  condition  that  the 
head  of  the  department  to  which  the  bureau  belongs  could  not  bring  up  the  current 
work.  1  have  heard  of  no  such  instance  in  regard  to  any  one  of  these  departments. 
Then  how  do  you  benefit  such  departments  by  taking  from  them  bureaus  in  which 
there  is  no  congestion  of  business,  and  taking  at  the  same  time  all  the  clerks  in  those 
bureaus,  and  leaving  the  other  bureaus  where  it  is  alleged  there  is  a  congestion  of 
business?     I  do  not  think  that  gives  any  relief  to  the  other  departments.     So  I  can 


LEGISLATIVE    HISTORY  503 

not  see  anv  Utn-v  in  that  projiositioii  as  a  matter  of  arfjjuiiicntatinn  in  bclialf  of  tliis 
1)111. 

The  Senator  from  Ohio  [Mr.  Ilanna]  annonnees  a  very  imixtrtant  point,  I  think, 
and  that  is,  that  it  is  imjiorlant  to  have  one  head.  That  is  the  very  reason  1  shall 
vote  to  strike  the  J)epartment  of  Lal)or  from  this  hill  and  leave  it  w  illi  t>\w  head, 
instead  of  pntting  it  under  and  subordinate  to  aiiotlicr  licad,  thus  dividing  the 
resj)onsil)i!ity. 

If  the  Senator  from  Ohio  wants  eliicieney,  let  the  iJepartment  of  J>abor,  which 
ha.s  been  adnnnistered  with  eflieieucy,  with  sueeess,  and  with  aeceptalnlity,  remain 
aH  it  is,  an  independent  department,  with  a  head  responsible  to  (yongress.  Now,  we 
propose  to  take  sui'h  a  Department  of  Labor  and  make  it  subordinate;  to  destroy  it 
a.s  a  Department  of  Labor  and  make  it  simjdy  a  Bureau,  with  a  master — ^the  head  of 
that  Department — who  must  be  consulted  in  tlu^  transaction  of  its  business,  and 
whose  policy  must  bi' followed,  and  not  the  ])olicy  of  the  present  head  of  the  Depart- 
ment of  Labor,  who  becomes  merely  the.  chii'f  ot  a  bureau.  You  destroy  his  efli- 
eieucy; you  destroy  the  very  thing  for  which  the  Departnaent  of  Labor  was  organ- 
ized and  constituted. 

"Why  is  thi.s?  Why  do  you  want  to  sul)ordinate  the  Department  of  Labor  to  the 
head  of  the  Department  of  Connnerce?  What  is  the  policy  of  it?  What  is  to  be 
gtiined  by  it?  Everybody  admits  that  that  Department  has  been  etiiciently  and 
acceptably  adnnnistered.  Why  not  let  well  enough  alone?  Why  take  this  Depart- 
ment, which  has  been  so  successfully,  so  acceptably,  and  so  ethciently  adnnnistered, 
and  sul)ordiuate  it  to  the  will  and  guidance  and  direction  of  we  know  not  whom? 
Is  that  good  policy?  Is  that  {)raetieal  legislation?  Can  that  lead  to  good  and  bene- 
ticial  results? 

We  have  a  department  of  l'ul)lic  Printing,  emploj'ing  a  large  force.  Must  everj'' 
department  and  bureau  that  Congress  may  deem  important  to  be  established  be 
taken  and  put  under  the  head  of  some  other  department?  Wliy  shift  the  responsi- 
bility for  the  administration  of  the  Department  of  Labor  from  Congress  to  the  head 
of  an  executive  department?  We  have  had  it  under  our  control  ever  since  its  organ- 
ization.    What  objection  has  ever  been  made  to  it? 

We  have  had  the  department  of  Printing  under  Congressional  control.  What 
objection  has  been  made  to  that?  W"e  created  a  Department  of  Labor;  Me  gave  it 
the  next  highest  position  to  an  executive  department  with  a  secretary,  and  the  head 
of  it  has  the  same  authority  in  his  Department  that  a  secretary  has  in  his  depart- 
ment. He  has  control  of  his  Department;  he  is  responsible  for  it  when  there  is  one 
head  and  one  management.  But  this  bill  proposes  to  sul)ordinatethat  head  and  that 
one  management  to  the  head  of  another,  to  the  control  of  another.  I  can  not  see 
any  reason  why  that  should  be  done.  If  this  Department  of  Labor  has  been  ineth- 
cient,  if  it  has  proved  wanting  in  any  respect,  if  we  saw  that  it  needed  a  guidance 
and  control  which  Congress  is  not  capable  of  exercising  over  it,  then  there  would  be 
policy  in  putting  it  under  somebody  else. 

I  think  the  amendment  of  the  distinguished  S6nator  from  Alabama  [Mr.  Pettus] 
ought  to  be  adopted.  I  think  it  ought  to  be  adopted  in  the  interest  of  the  public 
service.  I  think  it  ought  to  be  adopted  in  deference  to  the  wishes  of  those  at  whose 
instance  the  I)ei)artment  of  Labor  was  organized,  and  whose  views  have  been  .so 
strongly  exjjressed  in  the  language  of  the  j:) resident  of  the  American  Federation  of 
Labor,  which  is  printed  in  the  proceedings  of  yesterday.  The  point  is  ex])ressly 
made  in  that  communication  and  the  reasons  set  forth  why  this  Department  was 
organizi'd  and  why  it  should  not  be  subordinated  to  any  other. 

5lr.  Ei.Kixs.  May  I  interrupt  the  Senator? 

Mr.  CocKRELi..  Certainly. 

Mr.  Ei.Kixs.  Suppose  we  call  the  new  Department  the  Depiartment  of  Lalior;  would 
that  help  the  situation,  in  the  Senator's  mind? 

jNIr.  CocKRELL.  I  think  not,  bec^ause  you  take  it  away  from  where  it  has  been 
efficient.     If  you  put  the  Commissioner  of  Labor  at  the  head  of  it 

Mr.  Ei.Kixs.  We  do  not  know  who  may  be  put  at  the  head  of  it. 

Mr.  CocKREi.L.  AVe  have  now  the  Department  of  Labor,  which  has  been  practically 
under  the  same  management  ever  since  it  was  organized.  It  has  been  in  the  hands 
of  an  efficient  olfii-er,  who  has  administere<l  it  successfully  and  accejitably;  of  whose 
administration  there  has  been  no  criticism,  and  there  has  been  no  scandal  connected 
with  it  in  any  way.  He  has  met  the  exjjectations  of  the  people;  he  has  met  the 
expectations  of  Congress,  under  whom  he  has  been  acting,  and  now  it  is  proposed  to 
make  him  sn])ordinate  to  somebody  else. 

Mr.  Ei.KiNs.  If  I  do  not  interrupt  the  Senator 

Mr.  CocKREi.L.  It  is  no  interruption. 

Mr.  Ei.Kixs.  If  the  change  be  made,  it  would  not  impair  the  etlicieucv  of  that 
Department;  it  would  be  just  as  elficient  as  it  is  now? 


504  LEGISLATIA^E    HISTORY 

Mr.  CocKRELL.  But  you  can  not  serve  a  master  and  he  independent. 

Mr.  Elkins.  Yes;  but  he  nuist  serve  somebody;  now  wlio  is  his  master? 

Mr.  CocKRELL.   He  serves  Congress  now. 

Mr.  Elkins.  Oh,  you  want  a  parlimentary  government. 

Mr.  CocKREi.L.  That  otticer  is  independent  now.  I  want  tlie  Department  of  Labor 
to  remain  just  as  it  is;  just  as  it  has  proved  a  success,  and  has  been  beneficial  and 
acceptable  to  the  country. 

Mr.  Elkins.  1  think  Congress  has  a  good  deal  to  do  without  managing  executive 
bureaus. 

Mr.  CocKRELL.  We  have  proved  so  eminently  successful  in  that  matter  that  I  think 
we  ought  to  be  allowed  to  go  on  and  haxe  credit  for  it. 

Mr.  Hale.  Let  me  ask  the  Senator,  is  it  not  true  that  the  Department  of  Labor, 
doing  this  work  in  reference  to  the  great  interests  of  labor,  has  remained  unmolested 
since  it  was  organized?  It  has  never  Iteen  considered  a  political  department,  and 
no  Administration  has  interfered  with  it  or  removed  the  head  oi  it.  Under  Kei)ub- 
lican  and  Democratic  administrations  it  has  gone  on  as  a  separate,  a  distinct,  and  inde- 
pendent Department.  Will  those  conditions  be  observed,  and  will  they  apply  when 
you  put  it  into  one  of  the  political  dei)artments? 

Mr.  CocKRELL.  Necessarily  they  can  not  be,  for  you  then  make  the  head  of  that 
department  subordinate  to  another.  The  Secretary  of  Commerce  is  not  going  to  let 
that  Department  remain  as  it  is  to-day,  to  go  on  and  transact  its  business  as  it  does 
to-day;  l)ut  he  will  supervise  its  reports  in  every  way,  and  will  direct  and  control 
them.  He  will  direct  what  appropriations  shall  be  made;  he  will  pass  upon  every- 
thing; everything  will  have  to  be  done  in  subordination  to  his  will,  and  so,  neces- 
sarily, the  Department  will  become  political.  Everything  that  you  can  bring  up  as 
to  the  efficiency  of  this  Bureau  must  eminate  from  its  remaining  as  it  is.  You  can 
not  better  it.  It  would  he  an  untried  experiment  to  have  this  Bureau  made  subor- 
dinate to  some  one  else.     As  Mr.  Gompers  says,  in  his  letter  of  January  20,  1902: 

The  creation  of  a  Department  of  Commerce  with  the  provision  for  the  subordination  of  the  Depart- 
ment of  Labor  will  minimize  the  importance  of  labor's  interests  and  minimize  the  present  Depart- 
ment of  Labor.  Against  such  a  procedure,  in  the  name  of  American  labor,  I  enter  mj-  most  .solemn 
protest 

Necessarily  you  subordinate  it.  Take  the  Census  Office,  for  example — an  inde- 
pendent Department.  It  is  now  controlled  by  the  Director  of  the  Census.  Put  it 
under  tlie  Secretary  of  Commerce  and  it  becomes  a  mere  bureau.  The  Director  of 
the  C'ensus  will  do  nothing  without  the  approval  and  sanction  of  the  Secretary,  and 
it  is  idle  for  Senators  to  say  that  when  you  place  these  departments  under  a  Secre- 
tary you  will  have  them  administered  just  as  they  are  administered  now.  It  can  not 
be.  No  Secretary  will  take  the  responsil)ility  for  the  administiation  of  these  offices 
and  yet  have  no  control  or  influence  over  them.  He  would  be  an  incompetent  Sec- 
retary if  he  did.  He  would  admit  his  incompetency  to  control  and  direct  them. 
You  want  them  placed  there,  and  the  ol>ject  in  placing  them  there  is  that  they  may 
be  under  the  control  and  direction  of  the  Secretary  of  Commerce. 

Mr.  Gallinger.   Will  the  Senator  from  Missouri  permit  me? 

IVIr.  Cockrell.  Certainly. 

Mr.  Gallinger.  Will  the  Senator  assert  that  the  Secretary  of  the  Treasury  inter- 
feres with  the  administration  of  the  Marine-Hospital  Service  or  the  Coast  and  Geo- 
detic Survey?  y 

Mr.  Cockrell.  Most  unquestionably.  I  am  delighted  that  the  distinguished 
Senator  from  New  Hampshire  has  mentioned  that,  for  I  did  not  want  to  refer  to  the 
United  States  Coast  and  Geodetic  Survey,  becau.se  it  occurred  under  a  Democratic 
Administration. 

Mr.  Gallinger.  What  I  mean  is  in  the  administration  of  the  duties  of  the  office. 

Mr.  Cockrell.  In  the  administration  of  the  office  of  United  States  Coast  and 
Geodetic  Survey  one  of  the  most  etficient  and  able  men  whoever  occupied  that  office 
was  removed  by  theSecretary  of  the  Treasury,  and  it  was  deteriorated  in  every  way,  as 
the  distinguished  Senator  from  Iowa  and  others  who  know  of  that  circumstance  can 
testify.  It  was  greatly  lowered.  Its  usefulness  was  impaired,  and  it  was  with  some 
difficulty  that  it  was  maintained  without  being  wiped  out. 

Mr.  Gallinger.  Well,  l)ut  still  it  has  remained  under  the  Treasury  Department. 

Mr.  Cockrell.  Certainly,  it  has  still  remained  under  the  Treasury  Department, 
but  the  Secretary  of  the  Treasury  interfered.  He  controlled.  He  directed.  The 
Secretaries  always  have  done  it,  and  you  can  not  get  a  strong  man,  who  feels  the 
weight  of  his  responsibility  as  Secretary  of  Commerce,  to  take  under  liis  wing  and 
be  responsible  to  the  public  and  to  the  world  for  the  administration  of  a  bureau 
under  him  and  yet  expect  that  bureau  to  act  independently.  The  propositions  are 
incongruous  and  incompatible.     When  the  Department  of  Labor  comes  under  the 


LEGISLATIVE    HISTORY  505 

Socrotary  of  Commoroo  it  will  bocomo  snl)nr(linato  to  him  and  must  Ixnv  to  lii.s  will, 
anil  tlu-  i)r]nirtincnt  will  Ik-  controlU'd  to  a  jj^rcator  or  li'ss  I'xtcnt. 

Now,  what  is  the  reason  for  the  traiistri?  Why  shall  we  take  a  |)t'])artnn'nt  of 
Labor,  whii'h  has  provt-il  so  I'inincntly  succi'ssfiil  and  is  so  satisfactory  and  airainst 
which  no  conii)laint  is  made,  and  transfer  it  to  tins  new  l)ei>artinent?  Why  shall  we 
make  an  experiment  and  [)lace  it  in  asnboi-dinate  jxisition,  in  defiance  of  the  protests 
of  those  at  whose  instance  it  was  or^^anized,  when  no  one  can  show  that  any  benefit 
will  be  derived  by  anyone  from  the  ehanfie?  It  is  an  experiment,  a  trial,  and  one 
that  will  i)rove  nnprolitable  and  nnbiMieticial  to  the  interests  of  labor. 

Mr.  MoNKY.  Mr.  President,  1  do  not  know  that  I  shall  vote  for  the  ])enilin<;  bill, 
however  much  it  may  be  amended.  It  may  be  made  nnich  better  than  it  is,  I  know, 
i  think  the  title  should  be  chanfied,  for  one  thinji;,  and  that  the  new  Department 
should  be  called  the  I)ei)artment  of  Commerce  and  Industries,  to  anticijiate  a  num- 
ber oi  other  departments,  the  creation  of  which  will  jirobably  be  urged  in  a  very 
short  time. 

I  rise  to  say  a  few  words  because  of  the  speech  just  made  by  the  distinjiuislied 
Senator  from  INIissouri  [IMr.  Cockrell].  I  believe  the  Department  of  Labor,  now  an 
indejiendent  Department  or  Bureau,  should  be  maintained  in  its  independence.  It 
was  instituted,  in  the  tirst  ])lace,  because  of  the  demands  of  the  laboring  eiementH  of 
this  country  for  a  rej>resentative  in  the  capital  to  give  statistics  that  would  be  for  the 
enlightemnent  of  this  country  upon  their  relations  with  the  cajiital  of  the  country.  ' 
That  it  has  been  administered,  through  changing  Adnunistrations,  without  acliange 
in  its  head  is  an  evidence  of  satisfactory  work.  The  public  has  received  with  grate- 
ful acknowledgment  the  achievements  of  that  Department.  They  have  been  satis- 
factory to  tlie  Congress,  and,  as  far  as  we  know,  to  the  Executive.  To  maintain  the 
absolute  independence  of  this  Bureau  from  any  politii-al  influence  is  the  first  (|uestion. 

Now,  it  is  a  ]iatent  fact,  and  nobody  knows  it  any  better  than  the  gentlemen  who 
pressthis  bill,  that  the  change  from  an  indei)endent  to  a  subonlinate  placechanges  it 
from  an  impai-tial,  nonpartisan  bureau  for  the  purpose  of  gathering  statistics  and 
information  into  apolitical  bureau  of  a  political  dejiartment;  and,  as  the  Senator 
from  ^Missouri  says,  no  Secretary  will  be  responsible  for  any  bureau  f)r  dejiartment 
under  him,  or  any  officer  who  is  subject  to  Ids  direction  (and  he  should  not  be  so 
held  accountable),  unless  it  or  he  is  directly  responsible  to  him. 

Everybody  knows  that  this  Department  chief,  the  Secretary  of  Commerce,  like  the 
Secretary  of  the  Treasur\'  and  the  other  Secretaries,  will  be  a  political  appointment. 
Such  officers  are  the  political  advisers  of  the  l*resident  on  all  questions  of  public 
policy.  They  are  his  advisers  as  to  ai>pointments  to  I)e  made  to  cai-ry  out  and  exe- 
cute the  laws  of  Congress.  In  the  Department  of  Lal^or,  as  it  now  exists  to-day,  no 
sort  of  political  influence  is  exercised  as  far  as  I  know.  I  know  nothing  about  the 
political  views  of  the  chief  or  of  the  subordinates  under  him.  I  know  that  their 
work  has  been  ai)proved.  It  has  been  of  the  very  fiighest  order  of  merit.  It  has 
been  aci-epted,  not  only  in  the  L^'^nited  States  l)ut  al)road,  as  presenting  the  most 
autlientic  statistics  and  information  ever  compiled  for  the  use  of  the  public  anywhere. 

Anil  now  we  have  here  the  great  laboring  organizations  of  the  country  and  the 
unorganized  labor  of  the  country,  for  whom  the  distinguished  Senator  from  Ohio 
[Mr.  Hanna]  has  said  he  has  the  warmest  interest  and  feeling,  with  a  demand  for  a 
nonpartisan,  impartial,  independent  department  that  can  look  after  their  affairs,  so 
far  as  coni-erns  statistics  and  information.  They  will  not  be  satisfied  if  the  Depart- 
ment is  transferred  to  a  department  which  of  necessity  will  make  it  apolitical  bureau, 
as  the  other  bureaus  are  to  a  greater  or  less  extent. 

]\Ir.  I'resident,  what  advantage  is  it  to  the  labor  of  the  country,  organized  or  unor- 
ganized, that  this  independent,  impartial,  nonpartisan  Bureau  shall  be  made  a  politi- 
cal one?  Its  very  merit  and  usefulness  will  have  been  destroyed  when  that  is  done. 
AVe  all  know  that  there  will  not  be  a  single  report  made  from  that  Department,  when 
it  becomes  a  bureau  of  another  and  a  political  department,  which  has  not  l)een 
revised  and  lead  penciled  and  corrected  and  sent  back  for  revision  over  and  over 
again  until  the  views  of  the  i)arty  in  ]>ower  are  carried  out  and  expressed.  Every- 
body knows  that  the  bureau  officer  who  in  his  report  declined  to  lend  himself  to 
campaign  exigencies  would  speedily  be  invited  to  tender  his  resignation,  and  if  he 
did  not  do  it,  he  would  find  himself  superseded  by  a  new  appointee. 

Mr.  Ei.Kixs.  Mr.  President 

The  Phksidext  pro  tempore.  Does  the  Senator  from  Mississippi  yield  to  the  Sena- 
tor from  West  Virginia? 

Mr.  Money.  CerUiinly. 

Mr.  Elkins.  Speaking  of  the  political  feature  of  the  case,  is  not  the  Commissioner 
of  Labor  now  appointed  by  the  President,  and  is  it  not  a  political  appointment?  Does 
it  not  change  with  changing  administrations? 

Mr.  H.\LE.  No;  it  does  not. 


506  LEGISLATIVE    HISTORY 

Mr.  Money.  It  has  not  changed. 

Mr.  Elkins.  The  office  is  not  held  for  hfe. 

IVIr.  Money.  It  does  not  change  with  the  change  of  administration. 

Mr.  Elkins.  Why  not?     It  may. 

Mr.  Money.  It  continues  (hiring  Democratic  and  Repubhcan  administrations. 
The  work  has  been  thoroughly  nonpartisan,  and  it  was  made  an  indejjendent  Depart- 
ment in  order  that  it  should  be  so. 

Mr.  Elkins.  Yes;  but  the  head  of  it 

Mr.  Money.  And  if  it  had  not  been  so  the  demand  of  labor  interests  would  not 
have  been  met. 

Mr.  Elkins.  The  head  of  the  Department  changes. 

Mr.  Money.  It  has  not  changed. 

Mr.  Elkins.  It  can  be. 

Mr.  Money.  Oh,  it  can  be,  but  it  has  not  been;  and  it  has  not  been  changed 
because  it  was  not  intended  to  be  a  political  office.  Every  single  other  officer  in  this 
Government  who  could  be  made  political  has  been  made  political.  We  know  that 
political  influences  have  dominated  the  Navy  and  the  Army,  which  should  not  liave 
any  political  influence  at  all.  Some  of  us  Ijelieve  that  political  influences  have  dom- 
inated more  than  once  a  great  coordinate  branch  of  this  Government  in  rendering 
decisions  upon  the  most  important  matters  that  ever  came  before  the  American 
public.     Wlierever  politics  can  intrude  itself  it  has  done  so. 

Here  are  the  laboring  people  of  the  country,  who  have  an  independent  department 
to  meet  their  wishes,  to  give  out  impartial  statistics  and  information  to  guide  and 
regulate  them  as  well  as  the  caiaital  with  which  they  come  in  conflict.  A  conflict 
must  forever  and  ever  go  on  between  capital  and  organized  labor.  I  say  necessarily, 
not  that  there  need  be  any  injury  done  by  one  to  the  other,  but  the  interests  naturally 
conflict.  One  wants  what  he  can  get  and  the  other  wants  to  keej)  what  he  has,  ami 
consequently  the  two  will  always  be  in  natural  conflict.  The  part  of  this  Congress 
is  to  try,  if  possible,  to  be  a  buffer  between  these  two  hostile  elements,  and  to  enact 
such  legislation  as  will  prevent  any  outbreak  or  such  a  divergence  of  interests  as  will 
lead  to  conflict  of  the  most  serious  character  between  capital  and  labor. 

One  of  the  things  proposed  was  an  independent  and  nonpartisan  bureau  of  labor, 
and  it  has  acted,  so  far  as  I  know,  and  I  have  examined  its  re})orts  with  great  inter- 
est, in  that  nonpartisan  capacity.  Its  fuirction  has  been  performed  impartially.  It 
has  met  the  demand  of  the  laboring  people  of  this  country;  it  has  been  satisfactory 
to  all  concerned,  and  I  see  no  necessity  for,  but  on  the  contrary  I  see  a  great  evil  in, 
putting  that  independent  department  in  another  deiiartnient,  to  be  subjected  to  the 
will  of  a  ])olitical  chief  ai)pointed  on  account  of  his  ])olitics  and  as  a  political  adviser. 

We  all  know  that  the  mere  department  work  of  a  Secretary  is  as  purely  perfunctory 
as  anything  can  be.  He  can  not  read  the  ])apers  he  signs,  and  he  can  not  sign  half 
of  those  which  bear  his  name.  A  boy  with  a  rubber  stamp  imprints  the  Secretary's 
name  upon  papers  he  never  saw  and  never  will  see.  It  is  the  necessity  of  the  serv- 
ice. It  is  due  to  the  multiplication  of  business  that  comes  from  the  enormous 
aggregation  of  population  and  an  enormous  increase  of  wealth,  and  which  comes 
with  such  leaps  and  bounds  that  it  can  not  be  estimated  for  in  the  annual  estimates 
for  appropriations  submitted  by  the  several  heads  of  departments. 

Now,  Senators,  you  who  vote  to  put  this  Department  under  a  political  chief  (and 
you  will  know  you  are  doing  it  when  you  vote  that  way)  will  not  have  put  under 
obligations  any  single  one  of  the  labor  organizations  or  the  independent  working 
people  of  this  country.  You  know  very  well  that  they  do  not  want  a  political  chief 
to  handle  their  statistics.  Gentlemen  may  say  figures  will  not  lie,  but  it  depends 
entirely  upon  the  men  who  handle  the  figures  whether  or  not  they  will  lie.  They 
can  lie  well  enough  if  they  are  in  the  hands  of  a  liar,  and  they  can  pervert  the  truth 
when  they  are  in  the  hands  of  a  partisan. 

I  do  not  claim  that  I  am  the  cliampion  of  the  laboring  people  of  this  country.  I 
am  not  here  with  a  commission  from  the  laboring  people,  but  I  am  here  sympathetic 
with  all  the  working  people  of  this  country  and  other  countries,  the  people  who 
create  the  wealth  and  pay  the  taxes  and  fight  the  battles.  While  I  am  without  any 
commission  from  them  or  anyone  else  or  any  expectation  with  res])ect  to  the  matter, 
I  am  here  to  say  that  when  this  clause  is  voted  into  the  pending  bill  you  will  have 
destroyed  the  interest  which  the  laboring  people  have  in  this  Department;  you  will 
have  nullified  its  usefulness,  and  you  will  have  made  it  a  part  of  the  machinery  of 
the  political  conduct  of  this  Government  which  they  believe  is  inimical  in  its  influence 
to  their  interests. 

Now,  Mr.  President,  here  is  the  Coast  and  Geodetic  Survey,  mentioned  by  the 
distinguished  Senator  from  Missouri.  That  Bureau,  he  says,  under  political  influence 
has  deteriorated.  I  have  known  a  good  many  heads  of  that  Bureau.  I  once  had 
the  pleasure  of  examining  one  of  them,  a  distinguished  scientist,  since  transferred  to 


LEGISLATIVE   HISTORY  507 

a  bettor  and  hijilior  lield  of  nsofiilncss;  and  I  wi.sli  to  say  that  I  do  not  know  a  more 
acciiinplishetl  jrentleinan  tlian  tluMJno  wlio  now  i>resid('8  over  the  C'oa.<t  and  (ieodetic 
Survey.  1  l)elieve  it  will  be  to  the  interi'st  of  the  country,  if  this  hill  is  to  l)econie  a 
hiw,  that  that  Bureau  should  he  transferred  to  the  I)ei)artinent  of  ('oninieree. 

The  whole  motive,  the  whole  n-ason,  for  establishing'  a  coast  ami  geodetic  survey 
at  all  was  to  assist  commerce.  Its  business  is  to  survi-y,  plat,  chart,  ami  mark  the 
coasts  of  rivi'rs  and  liarbors  in  this  country  and  all  other  countries  touched  by  our 
commercis  and  in  that  instance 

Mr.  El, KINS.   I  should  like  to  ask  the  Senator  from  Mississippi  a  question. 

]\Ir.  jMonev.  Certainly. 

Mr.  Elsixs.  If  your  argument  is  good  with  respect  to  a  nonpolitical,  nonpartisan, 
indejiendent  Bureau  of  Labor,  let  us  get  a  more  efficient,  nonpartisan,  nonpolitical 
service  in  all  directions  than  we  have  at  present.  If  that  argument  is  good  with 
respect  to  tlu'  Conunissioni-r  of  Labor,  it  is  good  for  every  other  bureau.  W'c  might 
better  and  purify  and  hold  the  Administration  alocjf  from  politics  if  we  would  put 
every  other  bureau  of  this  Cioverninent  upon  the  same  footing  tliat  the  Labor  llureau 
is.  If  your  argument  is  good  as  to  the  Commissioner  of  Labor,  and  it  is  an  able 
argmnent,  1  a<hnit,  why  not  treat  all  the  rest  in  the  same  way? 

Mr.  Money.  1  take  pleasure  in  answering  the  very  pertinent  inipiiry  of  my  friend 
the  Senator  from  West  Virginia.  He  is  one  of  those  gentlemen  wlio  will  take  a 
whole  loaf  or  no  l)read.  I  am  satisfied  with  a  crumb.  You  know  it  is  im])ossible  to 
take  the  de})artments  out  of  ])olitics.  It  was  never  intended  that  they  should  be  out 
of  politics.  It  l)elongs  to  the  system  of  this  country.  It  is  institutional.  The 
President  nuist  have  political  advisers,  and  he  must  call  those  to  the  head  of  the 
gri'ut  departments  who  are  in  sympathy  with  him,  an<l  who  api)rove  his  jxtlicy  and 
will  advise  him,  l)ecause  the  great  party  which  elects  him  to  his  place  expects  him 
to  ajipoint  people  who  are  in  accord  with  his  views  and  the  views  of  the  party  which 
elected  him.  And,  as  suggested  to  me  by  the  Senator  from  Georgia  [Sir.  Bacon], 
he  al  ways  does  it. 

But  here  is  a  bureau  which  in  spite  of  that  just  and  necessary  rule  has  l)een  created 
and  maintained  in  the  fashion  in  which  we  now  find  it,  because  of  the  demand  of 
the  plain  people,  who  care  nothing  about  politics  and  who  are  more  interested  in 
winning  ))read  for  their  families  than  they  are  in  the  success  of  any  party  whatever, 
and  therefore,  I  am  sorry  to  say,  show  a  readiness  to  shift  en  masse  from  one  side  to 
another  as  they  may  think  their  bread  and  meat  depend.  In  recent  campaigns 
thousands  of  ballots  have  gone  into  Kepublican  ballot  Ijoxes  cast  by  workingmen 
who  did  not  believe  in  the  principles  enunciated  by  that  party,  Imt  who  thought 
that  Ijread  and  meat  for  their  wives  and  children  dejiended  upon  the  votes  they 
cast.  The  capitalists  who  threatened  them  did  not  intend  to  perform.  They  were 
a  lot  of  cowards.  They  raised  their  hands  to  strike,  but  did  not  have  the  courage 
to  give  the  blow,  even  if  those  men  had  gone  on  and  voted  independently,  every  one 
of  them,  for  Mr.  Bryan.  But  the  capitalists  knew  the  threat  was  sufficient.  They 
had  their  hooks  in  the  gills  of  these  peoi)le,  and  the  latter  could  not  help  themselves. 

In  spite  of  the  fact  that  the  departments  must  generally  be  political,  that  their 
heads  must  ol)ey  the  President  of  the  L^nited  States,  that  they  must  be  in  accord  with 
him  or  leave  (and  they  should  be  asked  to  leave  if  they  show  an  unwillingness  to  do 
so),  here  we  have  a  department  which  if  it  can  not  l)e  made  nonpartisan  and  non- 
political  should  be  abolished  and  should  not  be  provided  for  in  any  bill  or  transferred 
to  any  other  department.  When  it  can  no  longer  be  independent  and  nonpartisan 
and  impartial,  then  it  should  at  once  be  extinguished,  and  not  coddled  and  made  the 
sul)ject  of  transfer  and  of  debate  in  this  Chamber. 

Now,  ^Ir.  President,  I  desire  to  repreat  what  I  said  a  while  ago,  that  I  do  not 
represent  any  lal)or  organization  whatever.  They  have  never  asked  me  to  be  their 
chamjiion,  but  1  can  see  what  the  effect  of  this  is  and  I  believe  I  know  the  influence 
and  motive  that  prompt  it.  They  are  to  destroy  the  last  imj)artial  souri'e  of  statistics 
and  information  which  the  Government  has  to-day  upon  matters  of  most  vital 
imjjortance  as  relating  to  cai>ital  and  laV)or,  and  I  tell  you  that  the  peoj)le,  after  a 
while,  will  tire  of  this  sort  of  business,  this  interference  in  the  only  affair  in  which 
they  have  sought  to  be  directly  represented. 

The  laboring  peoi)le  of  this  country,  whether  organized  or  not,  whether  the  indi- 
vidual follows  the  j)Iow  or  sails  a  shi]>,  or  forges  at  the  anvil,  or  works  at  the  loom, 
or  whatever  he  may  be  doing,  ask  that  they  beallowe<l  at  least  one  independent  officer 
who  will  not  have  to  bow  to  the  dictation  of  any  jjolitical  officer  and  can  render  to 
the  i)eople  of  this  country  just,  imjiartial,  fair,  and  nonpartisan  statistics  and  infor- 
mation for  their  guidance  and  their  information. 

Mr.  (TAi,MN(iEK.  Before  my  friend,  the  Senator  from  Mississippi,  takes  his  seat  I 
should  like  to  say  a  word.  I  always  respect  his  opinions,  and  I  always  listen  to  his 
eloquence  with  great  pleasure.     I  wish,  as  a  member  of  the  Committee  on  Com- 


508  LEGISLATIVE   HISTORY 

merce,  to  give  the  Senator  an  opportunity  to  disclaim — which  I  am  sure  he  will 
gladly  do — any  imputation  ujion  the  committee  that  their  i)urpoye  in  reporting  this 
bill  was  to  destroy  this  last  nonpartisan  bureau  or  department  of  Government.  The 
Senator  says  he  thinks  he  understands  the  influences  that  are  back  of  it  and  that  led 
somebody  to  propose  this  wicked  thing.  I  am  sure  the  Senator  did  not  mean  to 
suggest  that  tlie  committee  had  that  end  in  view  when  tliey  reported  the  bill  includ- 
ing the  Department  of  l^abor. 

Mr.  Money.  I  am  very  much  obliged  to  my  distinguished  friend,  the  Senator 
from  New  Hampshire,  for  bringing  this  matter  to  my  attention.  I  perhaps  went  too 
far  in  saying  that,  for  I  can  not  believe  that  the  Democrats  on  the  committee  could 
have  had  any  such  motive.  But  1  do  believe  that  the  Kepublican  party  are  animated 
by  that  motive.  They  have  the  controlling  vote  here,  and  I  have  seen  nowhere 
along  the  whole  line  of  progress  anything  that  tended  to  make  for  the  good  of  the 
masses  of  this  country. 

Mr.  Gallinger.  My  only  answer  to  that  is  that  it  must  interest  the  country  to 
have  the  championship  of  the  labor  of  this  country  placed  in  the  hands  of  the  Sen- 
ator from  Mississippi. 

Mr.  Money.  Whether  the  country  is  interested  or  not  is  a  matter  so  immaterial  to 
me  that  it  is  hardly  worth  mentioning.  At  any  rate,  I  have  risen  in  mv  place  with- 
out any  sort  of  thought  upon  this  bill  at  all,  not  expecting  to  say  a  single  word  upon 
it,  but  I  accidentally  came  in  and  heard  the  remarks  delivered  l)y  my  distinguished 
friend,  the  Senator  from  Missouri,  which  called  to  my  mind  at  once  the  remarks  I 
have  indulged  in  here;  and  if  I  liave  reflected  upon  anybody  in  any  way  I  am  per- 
fectly willing  to  withdraw  it.  But  what  I  make  is  a  charge  against  the  Republican 
party.  It  may  be  I  am  quite  mistaken  about  this  thing;  1  consider  that  I  am  as  fal- 
lible as  anyl)ody  else;  but  when  I  take  this  in  connection  with  all  the  other  move- 
ments of  this  sort  I  am  compelled  to  believe  that  the  intention  is  that  it  shall  all  be 
under  political  control. 

Now,  the  very  situation  as  it  stands,  the  way  in  which  the  Bureau  was  organized, 
the  purpose  for  which  it  was  organized,  the  demand  that  was  made  for  its  organiza- 
tion, the  character  of  its  appointment,  its  standing  through  successive  and  changing 
administrations  of  different  politics,  all  show  to  me  that  the  intention  was,  as  I 
sai(},  to  have  a  nonpartisan  bureau  of  statistics  and  information  for  the  benefit  of  the 
wage-earners  and  the  laboring  people  of  this  country,  as  well  as  the  capitalists  and 
manufacturers  of  this  country.  It  was  made  an  independent  department  under  a 
Democratic  Administration,  and  the  head  of  it,  so  far  as  I  know,  is  a  Republican, 
appointed  by  a  Democratic  President.  Everything  connected  with  it  tends  to  show 
that  it  was  to  act  independently  of  any  political  influence  or  motive,  and  so  far  it  has 
V>een  properly  administered. 

Mr.  President,  we  are  not  accustomed  here  to  say  anything  that  will  purposely 
wound  anyone,  and  I  hope  the  Senator  from  New  Hampshire  will  not  think  that 
there  is  any  personal  reflection  upon  him  or  any  member  of  the  committee  on  either 
side.  I  have  too  much  regard  for  all  of  the  Senators  to  be  at  all  discourteous  or 
impolite  to  any  one  of  them. 

Mr.  Gam.in(;er.  Knf)wing  the  kind  heart  of  the  Senator,  and  claiming  for  myself 
equal  kindness  of  heart,  I  gladly  withdraw  any  suggestion  I  made  that  may  have 
been  offensive  to  the  Senator. 

Mr.  Money.  It  was  not  at  all  offensive  to  me. 

Mr.  Gallingeh.  I  thought  this  matter  ought  to  be  discussed  absolutely  without 
reference  to  political  views  or  partisan  politics,  and  I  am  sure  the  connnittee  had  that 
in  view.  They  may  have  made  mistakes,  but  they  certainly  had  no  purpose  of  harm- 
ing the  Department  of  Labor  or  doing  anything  that  would  harm  the  laboring  people 
of  this  country.     I  think  the  Senator  will  agree  that  that  is  so. 

Mr.  Money.  I  stated  at  the  time  that  I  was  obliged  to  the  Senator  for  bringing  me 
to  that  point,  and  I  did  not  intend  to  be  sarcastic  when  I  said  it.  I  was  honest 
al^out  it.  I  really  was  obliged  to  him;  and  I  am  obliged  to  him  for  his  further 
remark.  I  will  say  now  that  I  accept  entirely  his  disclaimer  on  the  part  of  the  com- 
mittee of  any  intention  to  impair  the  efficiency  of  this  particular  Bureau  which  affects 
the  labor  of  the  country,  either  organized  or  unorganized;  but  I  have  attempted  to 
point  out,  irrespective  of  the  politics  of  the  committee  or  of  the  majority,  the  effect 
of  the  measure.  Ex  necessitate  rei.  It  can  not  be  helped.  The  probabilities  are  all 
on  my  side  of  the  argument.  You  can  not  put  a  bureau  iinder  a  political  dei)art- 
ment  and  make  it  independent  and  nonpartisan,  unless  it  is  strictly  a  scientific  one. 
In  that  case  it  might  be  possible.  But  when  it  comes  to  the  Supreme  (^ourt  of  the 
United  States,  when  it  comes  to  the  Army  and  Navy,  when  it  comes  to  any  of  the 
Executive  Departments  of  this  Government,  we  all  know  and  feel  that  political 
influence  ramifies  every  single  branch  of  the  service,  military  and  civil.     It  has  shown 


leqtslativp:  history  509 

itself  so  repeatedly  and  so  persistently  that  it  is  impossible  for  anyone,  however  dull, 
to  ignore  the  fact. 

I  am  not  lu-ro  to  arraign  anybody.  It  might  have  been  just  so  if  Democrats  were 
in  the  asi-i-ndancy.  It  is  the  fate  of  this  country  to  ))(>  tossed  betwei-n  two  ))olitical 
partii's  and  to  take  tiie  color  of  each  in  every  brancii  of  the  service,  and  it  is  jicrhaps 
imi>ortant  that  it  siiould  be  so  in  i)art,  but  not  altogether.  I  wish  we  were  more 
perfect,  Mr.  I'resident;  but  1  think  we  are  about  to  demonstrate  to  the  woild  that 
we  are  incapable  of  self-governuu-nt  in  the  high  sense  of  the  word  as  it  was  conceived 
by  the  i)eo])le  who  established  this  R<'public.  I  kn<)w  that  in  the  convention  which 
organized  this  great  (iovernmeiit  the  highest  and  brightest  minds  did  not  believe  the 
l)e<>ple  capable  of  governing  themselves. 

1  know  that  Alexander  Hamilton,  whose  principles  are  espoused  by  the  other  side  of 
the  Chandler,  said  the  nearer  we  could  come  to  the  monarchy  of  Great  Britain  the  better 
for  us;  that  it  was  imjiossilile  for  the  ]>lain  people  to  govern  themselves;  that  it  nuist 
be  a  government  of  the  better  class,  the  "better  class"  always  meaning  the  people 
having  money.  ]  know  that  such  a  good  man  as  Koger  Sherman  subscribed  to  that 
ildctrine,  and  I  am  sorry  to  say  that  one  James  Madison,  who  has  been  called  the 
champion  of  States  rights,  went  very  far  in  the  same  direction.  And  so  to-day  it  is 
bi'coming  more  and  more  obvious  tiiat  the  people  are  not  to  speak  for  themselves. 
We  need  at  least  one  grand,  impartial,  nonpartisan  bureau  or  department  that  Avill 
give  the  facts  iii  which  they  are  concerned  without  any  coloring  or  any  direction 
from  any  jxilitical  chief  whatever. 

Mr.  (^uAHLKs.  Mr.  President,  it  seems  to  me  unfortunate  that  any  political  com- 
plexion should  be  given  to  this  debate.  The  subject  under  consideration  seems  to 
me  of  such  dignity  and  importance  that  it  ought  to  be  considered  entirely  apart  from 
any  mere  ])arty  or  partisan  consideration.  But  if  I  were  here  as  the  champion  of 
labor,  I  would  feel  constrained  to  suggest,  sir,  that  labor  has  some  very  injudicious 
friends  on  this  floor. 

What  is  it  proposed  to  do  by  this  bill?  It  seems  to  be  the  fundamental  principle 
in  the  thought  of  the  promoters  of  this  measure  that  there  is  a  decided  advantage  in 
having  a  direct  representation  in  the  executive  1>ranch  of  this  Government  through  a 
Secretary  who  is  there  attiliated  with  and  attached  to  the  very  central  head  of  the 
Ciovernment.  Now,  are  the  promoters  of  this  bill  niistaken  in  that  regard?  If  not, 
what  does  it  mean  when  gentlemen  suggest  that  here  shall  be  a  great  Department 
organized  to  take  jurisdiction  of  the  industrial  and  manufacturing  and  commercial 
interests  and  leave  labor  out?  How  is  it  ptjssible,  Mr.  President,  that  there  can  be 
any  comprehensive  or  systematic  organization  of  those  great  industrial  interests  and 
leave  labor  out? 

When  my  friends  on  the  other  side  of  the  Chamber  propose  to  leave  this  Bureau 
out  it  seems  to  me  they  are  doing  a  doubtful  service  to  the  laboring  man  and  the 
laboring  interests  of  this  country.  They  propose  that  labor  should  dwell  in  a  tent  on 
the  outside.  We  pnipose  t(j  l)ring  the  labor  interests  right  into  the  mansion  along- 
side of  commerce,  alongside  of  cajiital,  where  they  1)elong,  that  they  may  dwell  there 
harmoniously  together;  that  the  Labor  Bureau  shall  not  be  an  orphan,  entirely  dis- 
credited and  unaffiliated.  It  appears  to  me  that  no  scheme  of  this  kind  can  l)e  com- 
]>lete  unless  we  include  both  and  treat  them  alike  and  bring  them  under  the  same 
department,  where  they  may  have  equal  representation  in  the  great  central  executive 
department  of  the  (iovernment. 

Now,  it  is  true  that  in  the  army  there  is  a  certain  advantage  that  an  independent 
commander  has.  A  guerrilla  has  an  advantage  in  the  same  way.  His  force  is  mol>ile; 
he  can  move  about  without  consulting  sui)erior  officers.  But,  Mr.  President,  that 
advantage  fades  away  when  we  come  to  consider  the  great  military  desirability  of 
organization.     The  same  thing  ajiplies  here. 

It  seems  to  me,  Mr.  President,  that  if  we  should  leave  labor  out  of  this  bill  it 
would  be  an  invidious  discrimination  against  labor.  Therefore  it  apjiears  to  me  to 
l)e  very  desirable  that  the  amendment  shall  not  prevail  and  that  the  bill  shall  be  con- 
sidered on  broad  grounds,  not  on  narrow  ])artisan  lines,  but  with  a  view  of  organiz- 
ing a  great  systematic  department,  including  all  the  interests  which  combine  to 
make  our  great  industrial  develojiment. 

Mr.  KhKiNs.  Mr.  President,  I  agree  fully  with  the  remarks  of  the  Senator  from  Wis- 
consin [Mr.  l^iiarles].  It  does  scimu  to  me  that  this  bill  lifts  up  labor  and  dignifies  it. 
It  puts  its  interests  into  better  hands  and  .safeguards  them  better  than  can  be  done  by 
liHving  an  independent  bureau — aniens  bureau.  I  do  not  understand  the  argument  of 
the  Senators  who  an^  opposed  to  merging  this  Bureau  into  the  Dejuirtment  of  Com- 
merce when  we  are  willing  to  call  it  the  Department  of  Labor,  if  you  jilease,  thereby 
giving  it  more  importance.  The  fact  is  that  it  was  in  the  minds  of  the  promoters  of 
this  bill,  those  who  considered  it,  tliat  the  great  labor  question  and  the  interests  of 


510  LEGISLATIVE   HISTORY 

labor  would  be  better  cared  for,  better  safeguarded,  than  at  present,  and  we  are  not 
willing  to  permit  the  other  side  to  have  or  pretend  to  have  more  interest  in  the  (lues- 
i'um  of  labor  than  this  side  of  the  Chamber.  We  think  labor  is  inii)ortant  enough  to 
have  something  more  than  a  mere  bureau.  It  is  large  enough  to  be  in  the  hands  of 
a  f -abinet  oflicer  and  receive  the  best  attention  that  a  Cal)inet  oftictr  can  give  it. 

I  am  glad  that  the  Senator  from  i\Iississii)pi  [Mr.  Money]  has  taken  into  his  par- 
ticular charge  the  labor  of  the  South.  This  is  a  new  departure.  It  is  gratifying 
that  we  find  that  Southern  statesmen  are  beginning  to  love  and  care  for  labor  in  the 
South  as  well  as  in  the  North  and  all  over  the  country.  If  I  thouglit  that  the  lal)or 
of  the  Soutli  would  be  l)etter  ]n-omote<l  l)y  this  independent  Bureau  that  some  Sen- 
ators are  so  infatuated  with,  I  would  vote  against  putting  it  in  the  Dt'partment  of 
Commerce.  There  is  no  disposition  to  strike  down  the  Labor  Bureau,  no  disposition 
to  impair  it,  but  every  disposition  to  promote  the  interests  of  labor  by  putting  the 
Labor  Bureau  in  tlie  Department  of  Connnerce. 

There  is  no  Avay  to  get  around  responsible  government.  All  the  jiublic  business 
ought  to  belong  to  some  department,  ought  to  be  taken  care  of  in  some  department, 
responsible  to  some  head.  There  should  be  no  independent  bureaus  under  the 
Government. 

I  dislike  very  much  to  see  the  Fish  Commission  merged  into  the  Department  of 
Commerce.  The  head  of  that  Bureau — a  personal  friend — wants  in  every  way  to 
keep  it  out  of  the  Department  of  Connnerce,  and  I  can  understand  the  reason.  It  is 
better  to  be  in  a  camp  by  yourself,  in  a  command  controlled  by  one's  self,  respon- 
sible to  nobody,  as  the  Fish  Commission  is,  but  to  the  President;  and,  1  understand, 
the  Commissioner  of  Labor  is  responsible  to  nobody  but  the  President.  In  the 
multifarious  duties  that  rest  upon  the  shoulders  of  the  President  he  can  not  give 
these  l)ureaus  any  attention  whatever,  and  for  this  reason  we  believe  that  it  is  better 
to  put  them  in  the  hands  of  a  responsible  Cabinet  otticer,  notwithstanding  the  claim 
of  the  political  complexion  that  might  attach  to  the  administration  of  the  Labor 
Bureau. 

There  should  be  no  difference  between  the  great  political  parties  of  this  country 
and  between  Senators  here  about  the  interests  of  labor.  Everybody  in  the  country — 
every  Senator  here — wants  to  promote  its  interests.  This  bill  has  the  mianimous 
vote,  I  believe,  of  the  Committee  on  Commerce.  I  believe  one  of  the  controlling 
reasons  was  that  it  would  help  labor;  that  it  would  help  the  great  labor  interests  of 
the  couutry;  that  labor  interests  would  have  more  and  better  attention.  Labor  and 
the  interests  of  labor  would  be  lifted  up  and  dignified  rnore  by  belonging  to  a  great 
department  of  the  Government  than  to  a  bureau,  as  now. 

Mr.  Martin.  Mr.  President,  I  desire  to  say  a  few  words  about  the  proposition  that 
is  pending.  As  I  understand  it,  the  cpiestion  is  <jn  the  amendment  of  the  Senator 
from  Alabania  [Mr.  Pettns]  to  strike  out  so  much  of  the  bill  as  puts  in  this  new 
Department  of  Connnerce  the  Labor  Bureau  as  now  organized. 

I  regret  very  nuich  to  have  heard  political  considerations  mentioned  in  this  con- 
nection. As  a  member  of  the  committee  that  re|)orted  this  bill  I  feel  that  I  can,  with 
perfect  safety,  say  not  a  memlier  of  that  committee,  Democratic  mend)er  or  Repub- 
lican mendjer,  thought  of  jiolitics  once  from  the  beginning  to  the  end  of  the  consid- 
eration given  the  matter  in  the  committee. 

I  will  say  further  that  I  regret  an  imj^ortant  business  measure  like  this  is  can  not 
be  considered  in  the  Senate  without  having  the  suspicion  of  ])olitical  motive  brought 
in.  I  feel  so  absolutely  free  of  being  actuated  by  that  motive  myself,  and  I  have 
seen  so  little  to  justify  the  suspicion  as  against  any  other  person  in  the  committee  or 
outside  of  the  committee,  that  I  feel  constrained  to  say  that  I  l)elieve  the  suggestions 
made  by  the  Senator  from  Mississippi  [Mr.  Money]  can  not  find  a  place  in  the  facts 
surrounding  this  matter. 

]\Ir.  Money.  Mr.  President,  if  the  Senator  from  Virginia  will  permit  me,  I  do  not 
know  whether  he  was  in  the  Hall  during  the  whole  of  my  speech  or  not,  Init  when 
my  attention  was  brought  to  this  matter  by  the  Senator  from  New  Hampshire  [Mr. 
Gallinger],  I  promptly  actpntted  the  Democratic  side;  and-  when  he  went  a  little 
further  and  I  was  pressed  a  little  by  him  in  a  good-natured  way,  I  said  I  would 
acquit  the  committee;  and  then,  dro]iping  all  motives,  I  discussed  the  sn))ject  i)urely 
upon  what  I  consider  the  necessary  consequence  of  placing  a  nonpartisan  bureau 
under  a  political  department.  I  am  sure  the  Senator  need  not  feel  at  all  aggrieved 
at  anything  I  said.  Of  course  I  disclaim  any  intention  of  offending  anybody  or 
doing  a  discourtesy  to  anybody. 

Mr.  INIartin.  I  can  assure  tiie  Senator  from  Mississippi  that  I  did  not  feel  aggrieved 
at  all.  I  heard  all  he  said,  and  I  wish  simply  to  contirui  the  concluson  of  the  views 
that  he  last  expressed  when  he  exonerated,  as  I  wish  to  exonerate,  the  committee 
and  every  Senator,  so  far  as  I  know,  on  tlie  floor  of  the  Senate  from  any  considera- 
tion of  a  political  nature  in  connection  with  this  matter. 


LEGISLATIVE    HISTORY  511 

T  will  say  fnrtlu'r  that  1  have  Ihhmi  tinaliK'  to  si'c  the  force  of  the  argnmeiit  made 
l)y  tlu'  Senator  from  MiHsissipiii  in  resi>cct  to  the  present  nonpartisan  nr<,'anization 
and  Ills  fears  that  the  new  organization  wonld  he  partisan.  If  thc^  jiresent  organ- 
ization of  the  ]>ahor  Bnrean  is  nonpartisan,  if  its  work  lias  l)een  done  fairly  and 
jnstlv  withontany  partisan  bias,  a  fortiori,  it  will  he  without  jiartisan  hias  when  put 
under  this  greater  eommand,  this  more  important  oHicer,  hotli  that  important  otHeer 
and  the  i>resent  otlieer  in  charge  of  the  Jiurt'au  holding  eonimissions  from  the  same 
head,  the  President  of  the  I'liiti'd  States.  If  it  has  been  nonpartisan  in  the  past,  it 
is  line  to  the  Administration  now  in  power. 

If  that  Administration  has  made  it  nonpartisan  in  the  past,  why  may  it  not  make 
it  nonpartisan  in  the  future?  It  is  alisolutely  mider  the  control  <jf  the  President  of 
the  United  States  as  now  constituted.  I  apprehend  it  is  not  anymore  partisan  or 
anv  less  ])artisan  than  other  dej)artnients  of  the  (iovernment.  Then^  is  no  law  to 
make  it  less  partisan  than  the  other  (k'i»artments  of  the  Government.  If  it  is  less 
partisan  than  other  departments,  1  say  it  is  the  act  of  the  President.  He  has 
app«)inti'd  a  good  man  at  the  head  of  that  Bureau,  and  I  hope  the  present  President 
and  all  future  I'residents  will  continue  to  ap]ioint  a  good  man  to  take  charge  of  it 
when  it  is  a  part  of  the  l)ei)artment  of  Commerce,  as  well  as  when  it  is  an  independ- 
ent Bureau.  . 

As  I  said,  I  am  unal)le  to  see  the  force  of  the  argument  of  the  Senator  from  Missis-/ 
sippi  to  the  effect  that  it  is  a  nonpartisan  Bureau  now  and  would  1)e  a  jiartisan  Bureauj 
when  it  is  made  a  part  of  the  new  Department  of  C'ommerce.  It  is  as  susceptible  of 
jiartisan  motive  in  the  one  instance  as  in  the  other.  It  is  as  much  subject  now,  I 
have  no  doubt,  to  partisan  feeling  as  any  other  de])artnient  of  the  (iovernment.  I 
have  seen  no  undue  partisanship  in  it,  and  I  hojje  I  may  never  do  so;  but  I  say  it  is 
as  snscei>tible  to  partisan  conduct  now  as  it  will  be  when  it  is  made  a  part  of  the 
Bureau  of  the  Department  of  Commerce. 

Now,  another  argument  has  been  adduced  in  favor  of  the  motion  to  strike  this 
Bureau  from  the  new"  Department  of  Commerce  by  the  Senator  from  Georgia 
[Mr.  Bacon],  who  says:  "Let  well  enough  alone."  "Mr.  President,  that  argument 
may  be  used  as  against  every  single  bureau  attempted  to  be  put  into  this  new  Depart- 
ment. Are  we  to  make  charges  against  a  liureau  before  it  can  be  fixed  in  any  one 
<lepartment  or  another  of  the  Government?  Are  we  to  charge  inconijjetency  of  man- 
agement before  we  can  justify  ourselves  in  putting  any  in<lependent  bureau  in  this 
new  Dejiartment?  If  it  has  done  well  in  the  past,  I  say  it  will  do  better  in  the  future 
when  it  has  a  Cabinet  officer  to  foster  it  and  to  care  for  it  and  build  it  up. 

Again,  Mr.  President,  it  has  been  said  by  the  Senator  from  Georgia  that  if  no  other 
consideration  had  controlled  him  he  would  have  been  controlled  by  the  letter  from 
Mr.  Gompers,  the  president  of  the  Federation  of  Labor.  Mr.  President,  I  feel  that 
the  letter  of  Mr.  (Tompers  is  an  argument  in  favor  of  the  transfer,  so  far  as  it  contains 
any  argument.  Mr.  ( ioiiipers  objects  to  having  this  Bureau  put  in  the  Department  of 
Connnerce,  because  he  says  that  there  should  be  a  Caliinet  officer  to  have  sole  and 
exclusive  control  of  this  Labor  Bureau.  ]\lr.  Croinpers  wants  the  Labor  Bureau  magni- 
fied into  a  Cabinet  jxisition  single  and  alone.  We  must  limit  the  number  of  Cabinet 
officers.  We  can  not  have  a  Caliinet  (jfficer  for  the  Department  of  ]\Ianufactures;  a 
Cal)inet  officer  for  the  Department  of  Labor;  a  Cal)inet  officer  for  the  Department  of 
Statistics.  We  can  not  multiply  Cabinet  officers  indefinitely.  We  must  classify  them, 
or  should,  in  my  humble  judgment,  classify  them  so  as  "to  include  every  bureau  of 
the  Government  under  some  Cabinet  department,  except  in  the  case  of  a  few  which 
can  not  well  lie  brought  under  Cabinet  control. 

The  Interstate  Commerce  Commission  is  a  quasi-judicial  tribunal  in  some  of  its  fea- 
tures. It  should  not  be  embraced  under  a  Cabinet  officer.  It  should  be  independ- 
ent. I  feel  that  that  is  an  exception.  I  believe  that  the  Civil  Service  Commission 
should  be  independent,  liecause  it  deals  with  all  departments  of  the  Government 
service.  I  can  not  at  the  moment  think  of  any  others;  but  there  may  be  some 
others.  However,  as  a  general  proposition,  for  the  efficient  administration  of  the 
business  of  the  Government  I  believe  that  every  bureau  should  be  classified  under 
some  Cabinet  officer  and  should  be  controlled  by  a  Caliinet  officer  in  direct  commu- 
nication with  the  President  and  directly  responsible  to  the  President.  For  that 
reason  1  l)elieve  that  the  Lal)or  Bureau  should  be  put  under  some  one  of  these  Cab- 
inet officers,  and  1  know  of  none  to  which  that  Bureau  more  logically  belongs  than 
to  the  head  of  the  new  Department  of  Commerce. 

I  liave  desired,  ]\Ir.  President,  ])rietly  to  exjiress  these  views,  because  I  sincerely 
believe  that  the  best  interests  of  this  Bureau  will  be  promoted  liy  having  it  made  a 
part  of  and  put  under  the  direction  of  the  I)e])artmeiit  of  Commerce. 

]\Ir.  Si'ooNKK.  Mr.  Presi<lent,  this  Viill  day  by  day  is  growing  in  ])opularity.  I 
know  of  no  one  in  the  Senate  who  has  not  announced  himself  as  in  favor  of  it,  but 
from  day  to  day  there  is  a  little  change  in  the  (/mditij  of  its  popularity.     Everyone, 


512  LEGISLATIVE    HISTOKY 

taking  the  Senate  altogether,  seems  to  ])e  in  favor  of  creating  this  new  Department, 
but  opposed  to  putting  anything  in  it.  [Laughter.]  One  Senator  wants  the  Fish 
Commission  taken  out  l)ecause  it  is  "scientific."  Another  wants  the  Geological  Sur- 
vey t;iken  out,  partly  for  the  same  reason.  One  wanted  the  Coast  and  (xeodetic 
Survey  taken  out,  wiiich  is  certainly  quite  scientific  in  its  functions,  and  out  it  went. 

Mr.  Money.   Will  the  Senator  from  Wisconsin  permit  me? 

Mr.  Spoonek.  Always. 

Mr.  Money.  The  Senator  looked  at  me  as  one  who  wanted  the  Coast  and  Geodetic 
Survey  taken  out. 

Mr.  Spoonek.  No;  I  acquit  the  Senator. 

Mr.  Money.  I  said  I  wanted  it  kept  in  where  it  belongs,  and  it  has  no  business 
with  any  other  department. 

Mr.  Spooxer.  Another  wanted  the  Census  Bureau  taken  out,  and  out  it  went. 
Now  it  is  proposed  to  take  out  the  Department  of  Labor.  Two  or  three  friends  of 
mine,  who  are  connected  with  the.se  Bureaus,  have  asked  me  to  move  to  strike  those 
out  of  the  Ijill,  and  I  suppose,  if  the  motion  is  made,  they  will  go  out.  So  there  will 
not  l)e  much  left  of  this  bill  l)y  the  time  we  are  through  with  it. 

The  speech  of  the  Senator  from  Virginia  [Mr.  Martin]  was  an  extremely  fair  one,  a 
broad  one,  and  was  calculated,  in  my  judgment,  to  make  for  better  public  service. 
It  was  uninfluenced  in  any  wise  whatever  by  any  political  suspicion  or  possible  polit- 
ical motive. 

I  assume,  Mr.  President,  if  we  are  to  create  this  Department  that  we  are  not  creat- 
ing it  for  the  purpose  of  adding  a  Cabinet  oflicer.  I  suppose  that,  in  transferring 
bureaus  to  this  Department,  we  are  not  to'be  influenced  l)y  the  desire  of  the  heads  of 
the  bureaus,  by  their  personal  pride,  or  a  desire  for  continued  independence.  We 
create  the  Department,  if  we  create  it  at  all,  because  the  public  interest  demands  it, 
and  in  determining  the  question  what  bureaus  and  subdeiiartments  of  the  Govern- 
ment shall  be  eml)raced  in  this  new  l)ei)artment  i  think  we  should  take  no  account 
whatever  of  the  wishes  of  the  gentlemen  at  the  head  of  them,  but  study  and  deter- 
mine solely  the  question  whether,  if  transferred  to  this  Dejjartment,  they  will  render 
better  service  in  the  public  interest. 

I  think  this  Department  ought  to  be  established.  The  departments  are  over- 
loaded. The  Interior  Department  is  an  empire.  The  same  thing  almost  is  true  of 
the  Treasury  Department.  There  are  a  large  number  of  bureaus  in  the  Treasury 
Department  which,  in  their  nature,  have  no  legitimate  connection  with  that  Depart- 
ment, but  as  we  have  grown  and  progressed  those  bureaus  have  been  added  by  Con- 
gress and,  of  course,  they  have  been  put  upon  one  department  or  another  initil  now 
it  is  too  true,  as  the  Senator  from  Mississip])i  [Mr.  Money]  said,  that  Cabinet  officers, 
several  of  them  at  least,  are  obliged  in  putting  their  signatures  or  their  approval  upon 
documents  and  papers,  some  of  them  important,  to  do  it  in  a  somewhat  perfunctory 
manner.  It  is  impossible  under  the  present  situation  that  it  should  be  otherwise; 
it  ought  not  to  be  so  any  more  than  is  necessary. 

The  Cal)inet  officer  is  held  responsible  for  every  breach  of  duty  in  tlie  various 
bureaus  under  him,  for  every  particular  piece  of  rascality,  for  all  loose  transac- 
tions and  wastefulness,  and  it  is  not  fair  to  a  C'al)inet  officer,  it  is  not  in  the  public 
interest,  that  a  department  should  be  so  filled  with  bureaus  as  to  render  it  impossi- 
ble for  the  liead  of  tliat  dei>artment  to  keep  a  fair  degree  of  supervision  over  the 
operations  of  the  bui-i'aus  imdcr  him  and  to  keep  in  fair  degree  in  touch  with  those 
operations.  It  is  ridic-ulous  t(j  suppose  that  as  we  advance  and  increase  in  our  popu- 
lation, now  80,000,000,  as  we  increase  in  domestic  and  foreign  commerce,  and  as  we 
increase  in  transportation  facilities,  growing  in  every  conceivable  way,  the  old 
machine  is  adequate  to  the  new  situation. 

So  I  have  felt  that  there  ought  to  be  created  this  new  Department;  that  tlie  public 
interest  absolutely  demands  it;  and  that  we  ought  to  transfer  from  the  overloaded 
departments — all  of  them  are  not  overloaded — those  bureaus  and  subdeparments,  if 
there  are  sucli,  which,  massed  in  a  Department  of  Commerce,  can  discharge  just  as 
efficiently  tlie  duties  imposed  upon  those  bureaus  by  law  when  placed  under  the 
general  supervision  and  responsibility  of  a  Cabinet  officer.  That  is  what  this  bill 
was  intended  to  do. 

This  De])artment  of  Labor — I  have  not  cared  much  about  it  in  this  connection, 
although  in  establishing  a  Department  of  Commerce,  dealing  with  our  industries, 
dealing  with  our  domestic  commerce,  intended  in  various  ways  to  promote  both, 
dealing  with  our  foreign  commerce,  dealing  with  ever}'  subject  into  which  labor 
entei's — naturally  was  by  the  committee  deemed  appropriate  to  be  transferred  to  the 
Depai-tment  of  Connnerce. 

What  argument  is  made  against  it  here?  First,  it  is  said  that  it  is  an  indejtendent 
department.  In  a  sense,  yes.  It  is  not  a  bureau  in  any  deiiartuient,  nor  is  it  an 
executive  department.     Why  was  it  so  created?     To  secure  nonpartisanship,  and,  as 


LEGISLATIVE   HISTORY  513 

Senators  think,  therefore,  honent  iuhninistration.  I  do  not  undertake  to  say  as  to 
that,  hut  I  do  know  this,  that  when  the  Bureau  was  created  and  the  frentlenian  who 
now  is  at  the  liead  of  the  Department  of  Labor  was  first  appointed,  he  was  a])point('d 
at  the  head  of  tlie  Labor  Bureau.  I  ask  my  friend  from  Colorado  [Mr.  Teller]  if  I 
am  mistaken  a])out  that.     That  was  a  })ureau  in  the  Interior  Department,  was  it  not? 

^Ir.  Tei.lek.  The  Department  of  Labor? 

Mr.  SrooxER.  Xo,  I  mean  the  Labor  Bureau  at  first. 

3Ir.  Teller.  I  will  state  that  I  said  whilst  I  was  on  the  floor  it  was  originally 
organized  as  the  Bureau  of  Labor  in  1884. 

Mr.  Spooxer.  In  what  Department? 

Mr.  B.vcoN.  In  the  Interior  Department.  In  1888  the  act  was  amended,  taking  it 
out  from  that  Department  and  making  it  an  independent  dejiartment. 

^Ir.  iSi'ooNER.  I  thank  the  Senator  for  confirming  my  recollection. 

Has  it  ever  been  charged,  Mr.  I'resident,  that  while  the  Bureau  of  Labor  was  a 
bureau  in  the  Interior  Dej)artment  it  was  dishonest  for  political  ]nir])oses  in  the 
administration  of  the  functions  imposed  upon  it  by  law?  Was  the  distinguished 
gentleman,  who  is  now  at  the  head  of  this  anomalous  Department,  any  the  less  able 
as  a  statistican,  any  the  less  honest  as  a  statistician,  when  he  was  at  the  head  of  a 
bureau  in  one  of  the  Executive  Departments  than  he  has  since  been? 

The  Geological  Survey  is  one  of  the  bureaus  of  a  Department.  It  is  in  the  Depart- 
ment of  the  Interior.  A  very  able  man  is  at  the  head  of  it.  It  deals  with  statistical 
investigations,  and  of  the  most  imi)ortant  kind,  IMr.  President,  very  elaborate  and 
far-reaching.  It  reports  the  results  of  statistical  research  to  the  country.  Has  it  been 
claimed  that  that  Bureau  ever  has  been  di.sabled  in  the  discharge  of  its  duty  by  the 
fact  that  the  head  of  the  Department  happened  to  belong  to  one  party  or  tlie  other? 
I  think  not. 

The  Census  Office  is  a  bureau  in  the  Interior  Department.  I  have  heard  charges 
made  against  the  Census  Bureau  in  connection  with  patronage,  but  I  do  not  remem- 
ber to  have  heard  an  impeachment  of  the  statistical  work  of  the  Census  Bureau  upon 
the  hypothesis  that  it  was  influenced  by  politics. 

The  gentleman  who  is  now  at  the  head  of  the  Department  of  La]>or  has  been 
retained  through  different  Administrations.  Why?  Because  he  was  independent  of 
the  I'resident?  Not  at  all;  for  the  act  which  created  the  Dei^artment,  under  which 
he  was  appointed,  provides  that  the  President  may  appoint  him,  by  and  with  the 
advice  and  consent  of  the  Senate.  There  has  never  been  a  day  since  he  was  first 
ai)pointed  when  he  was  not  subject  to  removal  and  when  the  President  was  not  at 
liberty  to  substitute  for  him  a  man  of  his  own  ]iolitical  faith. 

It  has  not  been  done.  President  Cleveland  did  not  do  it;  President  Harrison  did 
not  do  it;  President  Cleveland,  when  he  came  in  again,  did  not  do  it;  President 
^IcKinley  did  not  do  it.  Why?  Because  every  right-thinking  citizen  of  the  L'nited 
States  charged  with  public  duties  and  fit  to  hold  public  office,  knows  that  the  statis- 
tical information  that  reveals  to  the  people  our  growth,  the  condition  of  (jur  indus- 
tries— general  statistical  information — must  be  honest  in  order  to  be  of  any  use  or 
value,  and  I  never  expect  to  see  a  President  elected  who  will  put  a  tool  in  such  a 
position  or  who  may  be  expected  to  be  willing  to  so  prostitute  his  position  as  to  give 
political  coloring  to  investigations  of  this  sort  and  to  the  collection  and  compilation 
and  report  of  statistical  information. 

If  this  Bureau  is  transferred,  the  gentleman  who  has  held  the  place  by  "divine 
right."  in  a  sen.se,  because  of  his  surpa.ssing  excellence  as  a  statistician,  for  he  is 
wedded  to  the  science  and  could  not  give  a  thought  to  politics  in  the  administration 
of  that  important  function 

Mr.  Teller.  AVhat  is  his  politics? 

Mr.  Si'ooNER.  I  do  not  know. 

Mr.  Teller.  Does  anybody  else  know? 

Mr.  Si'ooxER.  I  do  not  know  n(jr  do  I  care.  He  was  first  appointed,  I  think,  by  a 
Rei>ublican  President,  was  he  not? 

^Ir.  Alllson.  He  was  appointed  by  a  Republican  President. 

Mr.  Teller.  When  I  interrupted  the  Senator  from  Wisconsin  I  did  not  mean  to 
cast  any  reflection  upon  Mr.  Wright,  the  head  of  the  Department  of  Labor. 

Mr.  Si'ooxER.  I  know  you  did  not. 

Mr.  Teller.  I  do  not  believe  anybody  knows  what  his  politics  is.  He  has  attended 
to  his  business,  and  let  politics  alone. 

Mr.  Si'ooNER.  So  with  the  Geological  Survey,  and  so  with  others.  I  doul)t  not  it 
will  be  found,  no  matter  what  you  call  them,  no  matter  if  the  departments  o  -snbde- 
partments,  or  ])ureaus  are  transferreil  to  the  new  Department  of  Commerce,  the  work 
will  go  on  just  as  it  has  gone  on. 

27628—04 .33 


514  LEGISLATIVE    HISTORY 

The  present  Commissioner  of  Labor  can  not  expect  to  live  forever.  He  is  to  have 
successors.  I  hope  they  may  be  as  able  and  faithful  as  he,  and  I  am  not  willing  to 
believe  that  a  day  will  come  when  any  President — Democrat  or  Republican — will 
choose  the  head  of  that  Department  to  conduct  that  important  work  with  reference 
to  anything  but  his  ability  and  willingness  to  get  at  the  truth. 

The  proposition  here  is  to  transfer  this  Department  and  other  deijartments  with 
the  same  officers,  with  the  same  rank,  at  the  same  salaries,  and  with  the  same  duties 
now  imposed  upon  them  by  law.  It  is  a  little  odd  to  have  independent  and  unas- 
similated  bureaus  in  the  Government.  Prima  facie  there  is  propriety  in  almost  every 
case  in  having  these  bureaus,  whatever  they  may  be,  or  these  subdepartments,  what- 
ever they  may  deal  with,  in  some  executive  department,  presided  over  by  a  Cabinet 
officer,  who  twice  a  week  or  every  day  visits  the  Chief  Executive,  who  is  responsible 
for  the  general  conduct  of  the  Administration. 

I  agree  with  the  Senator  from  Virginia  [Mr.  Martin]  in  all  he  said,  and  especially 
1  agree  with  him  that  there  are  peculiar  reasons  why  the  Interstate  Commerce  Com- 
mission should  not  be  transferred  to  a  department.  The  Interstate  Commerce 
Commissioners  are  charged  with  the  administration  of  an  act  of  Congress.  It  is 
j)art  of  their  function  to  investigate,  with  a  view  to  enforcing  the  requirements  of 
the  interstate-commerce  law,  but  a  part,  and  an  important  part,  of  their  functions  are 
quad  judicial. 

Mr.  Hale.  Is  not  that  true  al)out  any  bureau  of  importance  in  any  department  of 
the  Government? 

Mr.  Spooxer.  I  do  not  think  it  is  true. 

]\Ir.  Hale.  The  Indian  Bureau  in  the  Interior  Department  is  engaged  in  adminis- 
tering the  law.  There  is  not  a  day  in  the  great  Land  ()ffi<'e  of  the  Interior  Depart- 
ment when  questions  of  law  do  not  come  up  which  involve  hundreds  of  thousands 
and  millions  of  dollars.  Indeed,  I  have  heard  it  said  that  the  decisions  of  the  Com- 
missioner of  the  General  Land  Office  yearly  involve  more  value  in  pro])erty  than 
those  of  any  court  which  exists  in  the  United  States.  The  Interstate  Commerce 
Commission  was  authorized  to  do  nothing  more  than  that.  It  is  a  projected  body 
onto  the  administration  of  the  Government. 

They  have  no  force  so  far  as  promulgating  decisions  which  are  recognized  as  law. 
Their  <lutiesare  purely  administrative,  purely  with  regard  to  seeing  that  the  different 
laws  in  refereni-e  to  railway  transjiortation  and  interstate  commerce  are  carried  out. 
Everything  about  it  could  be  done  by  a  well-developed  and  well-conducted  bureau 
in  a  department  as  well  as  it  is  done  now. 

Mr.  Spooner.  I  think  that  if  the  Senator  will  read  the  interstate  law 

Mr.  Hale.  I  have  read  it. 

Mr.  Spooner.  Which  he  has  evidently  forgotten 

Mr.  Hale.  Oh,  no. 

Mr.  Spooner.  The  Senator  will  find  the  Interstate  Commerce  Commissioners  are 
rather  sui  generis.  Of  course  they  are  "projected  onto  the  Administration "  just  as 
every  other  bureau  that  has  ever  been  created  was  "projected  onto  the  Adminis- 
tation." 

Mr.  Hale.  No  doubt  it  is  the  natural  habit  of  all  officials  to  amjilify  their  jurisdic- 
tion, as  it  is  the  habit  of  judges  to  amplify  theirs.  I  have  no  dou1)t  that  these  Com- 
missioners naturally  would  like  to  enlarge  their  jurisdiction,  and  they  perhaps  have 
attempted  it,  but  the  courts  have  sat  down  upon  them  very  conclusively,  and  have 
determined  that  they  had  no  power  to  promulgate  legal  decisions. 

Mr.  Spooner.  But  they  do  make  decisions,  and  they  are  entitled  to  apply  to  the 
courts  for  injunctions  in  certain  cases,!  and  the  courts  compel  the  attendance  of 
witnesses. 

Mr.  Hale.  Every  officer  of  the  Government  can  do  that. 

Mr.  Spooner.  But  every  officer  can  not  compel  the  attendance  of  witnesses. 

Mr.  Hale.  But  officers  may  apply  to  the  courts. 

Mr.  Spooner.  That  is  a  little  different.     That  distinguishes  them  from  qucm  courts. 

Mr.  Hale.  Committees  of  Congress  do  that. 

Mr.  Spooner.  Oh,  Yes;  when  they  are  within  their  jurisdiction. 

Mr.  Hale.  Those  are  not  considered  great  judicial  powers. 

Mr.  Spooner.  I  did  not  say  anything  about  "great  judicial  powers."  Whether 
they  "enjoy"  quasi-judicial  powers  I  do  not  undertake  to  say,  but  they  have  (juasi- 
juflicial  functions. 

Mr.  Hale.  But  what  infects  me  w'ith  a  kind  of  skepticism  about  all  this  is  the 
entire  ease  with  which  Senators,  as  to  a  particular  body  in  the  (government,  a  bureau 
or  a  department,  find  that  it  ought  to  be  put  under  one  head,  and  the  same  Senators 
upon  other  matters,  other  bureaus,  other  departments,  and  other  organizations, 
think  they  ought  not  to  be  put  under  one  head. 


LEGISLATIVE    niS'R)RY  515 

I  do  not  si'i',  if  you  take  tlu'  Fi.sli  Commission — purely  iin  in<lop(Mi(lcnt  l)o(ly,  witli 
no  relation  wliatovi'r  to  tiie  ih'partment  of  C'ommerce,  which  was  startiMl  as  a  hureau 
of  the  Sniitiisoniau  Institution  under  Professor  Baird,  puri'iy  si-ientilic,  and  for  tlie 
j)ur|>ose  of  developinji  the  lish  i)roduet — 1  do  not  see  why  tliat  siiould  l)e  put  into 
tlie  Oepaitinentof  Connnerei';  and  tliat  tlu;  Interstate  Conimeree  Commission,  whieh 
deals  with  eommeree  and  with  ([uestions  arising  out  of  commerce,  should  not  be  j)ut 
into  it.  1  can  not  work  my  mind  in  that  way.  I  have  not  got  that  facility  which 
the  Senator  from  Wisconsin  has. 

Mr.  Si'ooNiCK.  That  is  evident.     [Laughter.] 

Mr.  II.M.K.  Yes,  it  is  evident  to  to  me;  and  it  is  a  matter  of  some  re]>ining  on  my 
l)art  that  I  can  not  work  my  mind  in  that  way — lirst  this  way  and  then  that — with 
reference  to  diffen-nt  bureaus  and  differi'iit departments  of  the  Government. 

Mr.  Si'ooNKii.    I  should  be  very  sorry  for  the  Senator 

Mr.  IloAK.  I  want  to  ask  a  ((uestion,  with  the  permission  of  the  Senator.  1  will 
put  it  in  that  form,  as  that  is  the  only  right  1  have  to  interrupt  him.  I  merely  want 
to  make  a  suggestion. 

It  seems  to  me  that  the  Interstate  Commission  is  practically  a  judicial  body.  It  is 
true  its  me.nbers  are  removable  by  the  President,  just  as  Territorial  judges  are 
removable  by  the  President.  But  it  promulgates  decisions  on  the  hearing  of  evidence 
and  argument,  and  that  is  its  chief  business,  which,  when  jironmlgated,  ))ecomethe 
general  rule  governing  the  conduct  of  great  transactions  in  all  like  cases;  and  its 
function,  oi)eration,  ([uality,  and  t'haracter  are  judicial.  It  settles  judicially  not  the 
case  between  two  individual  partii's,  but  the  general  rule  of  conduct  which  governs 
great  corporations  in  the  great  sphere  of  human  transactions  for  all  men  when  those 
questions  come  before  the  Commission  for  decision. 

Mr.  Spooner.  Mr.  President 

Mr.  Money.  Will  the  Senator  from  Wisconsin  permit  me  a  moment? 

Mr.  Spoonek.  Certainly. 

'Sir.  INIoNEV.  Mr.  President,  it  may  be  a  little  rash  for  me  to  arise  in  the  presence 
of  the  very  learned  chairman  of  the  Judiciary  Committee  [Mr.  Hoar],  but  I  do  not 
consider  anybody  a  court  whose  judgments  are  not  final  and  can  not  be  enforced. 
The  Interstate  Commerce  Commission  renders  no  linal  judgments. 

The  rules  of  conunerce,  which  the  Senator  says  are  a  kind  of  decision,  are  not  like 
the  decisions  of  a  court  of  law.  It  is  simply  aquasi  judicial  body,  as  the  Senator  from 
Wisconsin  [Mr.  Spooner]  says,  which  can  determine  the  application  of  the  inter- 
state-commerce law  to  the  conduct  of  railroad  corporations.  When  the  Commission 
gives  an  opinion  it  gives  a  finding  of  fact;  but  if  you  want  a  remedy,  you  must  go  to 
another  body,  you  must  go  to  a  court.  But  no  body,  however  judicial  its  functions 
may  Ik*,  is  a  Court  unless  its  judgments  are  final  or  appealal)le  to  some  court  whose 
judgment  is  linal. 

Sir.  IIoAK.  Is  that  not  merely  a  technical  statement?  I  am  speaking  of  the  prac- 
tical results. 

Mr.  Money.   I  mean  that. 

'Sir.  HoAH.  It  is  true  that  these  Commissioners,  just  as  the  railroad  commissioners 
in  some  States,  have  to  go  to  court  if  their  decision  is  disputed,  but  their  judgment 
is  adopted  in  practice  as  that  of  a  court.  These  men  declare  the  general  law  which 
prevails  in  all  such  cases.  Their  whole  conduct,  the  mode  of  hearing  evidence  and 
arguments  and  sitting  impartially,  is  that  of  a  judicial  tribunal,  although  it  is  true, 
as  the  St'uator  says,  tliat,  if  disputed,  their  decisions  have  to  be  enforceil  by  a  court. 
It  is,  however,  none  the  less  a  fact  that  their  function  is  a  judicial  function,  and  that 
the  result  is  a  judicial  result. 

Mr.  M(.).ney.  I  do  not  like  to  tresi)ass  upon  the  Senator  from  AVisconsin;  )>ut  as  his 
time  is  unlimited,  I  hope  he  will  allow  me  to  say  that  I  know  whereof  I  speak  regard- 
ing the  Interstate  Commerce  Conunission,  because  I  have  had  experience  in  a  case 
in  which  I  myself  apjieared  before  the  Connnission.  They  made  a  finding  that  was 
iib.sohitely  disregarde<l  and  has  never  yet  been  enforced  because  the  parties  to  the 
rase  were  not  willing  or  able  to  carry  it  to  a  court  where  they  could  get  a  judgment 
that  could  be  enforced.     Practically  it  is  not  a  court. 

Tlu-  Pkksiokxt  pro  tempore.    Has  the  Senator  from  Wisconsin  yielded  the  floor? 

Mr.  Sroo.NEK.  I  do  not  know.      Have  I,  Mr.  President?     [Laughter.] 

Mr.  .MoNioY.   I  interrupted  the  Senator  by  ])ermission,  as  I  understood. 

The  PmcsiDKNT  i)ro  tem|)ore.  The  Senator  from  Wisconsin  [Mr.  Spooner]  is  entitled 
to  the  Hoor. 

Mr.  Spoonek.  Mr.  President,  1  renuMuber,  I  think,  that  when  I  sat  d(»wn  my  mind 
was  agitated  over  tlu'  mental  condition  of  the  Senator  from  Maine  [Mr.  Hale],  wh«> 
seemcMl  to  think  tliat  I  nmst  be  in  favor  of  ])utting  all  the  departments  into  tliis  bill 
or  opposed  to  putting  any  of  them  into  this  1)111. 

31  r.  Hale.  Or  bureaus. 


516  LEGISLATIVE    HISTORY 

Mr.  Spooner.  Or  bureaus.  In  other  words,  the  Senator  seems  to  be  unable  to 
understand  how,  with  any  degree  of  mental  soundness,  I  could  be  in  favor  of  incor- 
porating or  transferring  to  this  Department  of  Commerce  some  ])ureaus,  and  not  others. 

Mr.  Hale.  I  think  I  put  it  differently  from  that. 

Mr.  Spooner.  Now,  Mr.  President 

Mr.  Hale.  I  think  I  said  that  I  could  not  understand  how  it  was  that  the  Senator 
was  in  favor  of  putting  a  bureau  which  has  nothing  to  do  with  commerce  into  this 
new  Department  and  against  putting  into  it  a  bureau  or  an  organization  which  has 
nothing  to  do  except  as  to  commerce.  That  w^as  my  trouble  of  mind.  There  is  where 
I  lacked  the  alertness  to  keep  up  with  the  Senator,  and  there  is  where  he  should 
commiserate  me. 

Mr.  Spooner.  I  commiserate  the  Senator  generally,  and  I  commiHerate  myself 
because  I  do  not  agree  with  the  Senator.     [Laughter.] 

I  was  giving  reasons  to  show  why,  although  the  Interstate  Commission  has  to  do 
with  commerce,  I  thought  it  ought  to  be  an  independent  commission,  and  that  it 
was  intended  to  be  so.  I  have  not  the  time  to  take  up  the  interstate-commerce  law, 
but  I  will  undertake  to  show  tlie  Senator  that  there  is  a  very  wide  distinction,  which 
I  think  even  he  will  concede,  between  the  Interstate  Commerce  Commission,  so  far 
as  this  cpiestion  is  concerned,  and  the  Fish  Conunission,  which  the  Senator  interjected 
into  my  remarks. 

Mr.  JPlatt,  of  Connecticut.  May  I  make  an  inquiry? 

Mr.  Si'ooNER.  Certainly;  everybody  maj^  make  an  inquiry. 

Mr.  Platt,  of  Connecticut.  What  does  the  Senator  think  would  be  the  effect  on  the 
efficiency  of  the  Interstate  Commerce  Commission  if  it  should  be  transferred  from  its 
present  somewhat  independent  position? 

Mr.  Spooner.  I  think  the  tendency  would  be  to  destroy  it. 

Mr.  Platt,  of  Connecticut.  I  think  so,  too. 

Mr.  Spooner.  I  think  that  is  the  object.  No;  I  will  not  say  that;  but  I  flunk  it 
would  have  that  effect. 

Mr.  President,  I  think  the  Department  of  Labor  either  ought  to  be  transferred  to 
the  proposed  Department  of  Commerce  or  I  think  the  bill  ought  to  be  very  carefully 
amended  or  considerably  changed,  one  or  the  other. 

The  Bureau  of  Statistics  is  made  by  this  bill  to  perform  this  function: 

It  shall  be  the  province  and  duty  of  said  Bureau,  under  the  direction  of  the  Secretary,  to  foster, 
promote,  and  develop  the  various  manufacturing  industries  of  the  United  States,  and  markets  for  the 
same  at  home  and  abroad — domestic  and  foreign. 

That  looks  like  a  repetition. 
Mr.  Hale.  From  what  is  the  Senator  reading? 
Mr.  Spooner.   I  am  reading  from  section  5  of  the  bill. 
Mr.  Hale.  Is  that  a  department  or  a  bureau? 
Mr.  Spooner.  The  bill  reads: 
It  shall  be  the  province  and  duty  of  said  Bureaii. 
I  shall  read  from  the  beginning  of  the  section. 

That  there  shall  be  in  the  Department  of  Commerce  a  bureau  to  be  call^  a  Bureait  of  Manufac- 
tures, and  a  chief  of  said  Bureau,  who  shall  be  appointed  by  the  President,  by  and  with  the  advice 
and  consent  of  the  Senate 

Mr.  Hale.  That  is  the  one. 

Mr.  Spooner.  JNIy  argument  reaches  substantially  that. 

It  shall  be  the  province  and  duty  of  said  Bureau,  under  the  direction  of  the  Secretary,  to  foster, 
promote,  and  develop  the  various  manufacturing  industries  of  the  United  States,  and  markets  for  the 
saoic  at  liomc  and  al)n>ad,  (lomcsti<'  and  forcit;!!,  liy  gathering,  compiling,  publishing,  and  .supplying 
all  available  and  useful  information  ciniccrning  such  industries  and  sucli  markets,  and  by  such  other 
methods  and  means  as  may  be  prescribed  by  the  Secretary  or  provided  by  law. 

That  makes  it  the  duty  of  this  Bureau,  under  the  direction  of  the  Secretary,  to 
obtain  statisti(;s  relating  to  our  domestic  commerce,  to  our  foreign  commerce-,  to  the 
condition  of  our  industries,  and  within  the  general  scope  which  is  here  ]>rescribed. 

This  was  one  reason  why  I  thought  the  amendment  of  my  colleague  [Mr.  C^uarles] 
ought  to  be  adopted,  to  prevent  the  duplication  of  the  gathering  of  statistics,  or, 
rather,  the  gathering  of  duplicate  statistics,  at  great  cost. 

The  Btireau  of  Statistics  is  transferred  with  the  same  duties.     Its  chief  shall — 

under  the  direction  of  the  Secretary  of  the  Treasury,  annually  prepare  a  report  on  the  statistics  of 
commerce  and  navigation  of  the  United  States  with  foreign  countries  to  the  close  of  the  fiscal  year. 

The  Senator  from  Iowa  [Mr.  Allison]  read  this  yesterday: 

The  Chief  of  the  Bureau  of  Statistics  shall  prepare  an  annual  statement  of  all  merchandise  passing 
in  transit  through  the  United  States  to  foreign  countries,  each  description  of  merchandise,  so  far  as 
practicable,  warehoused,  withdrawn  from  warehouse  for  consumption,  for  exportation,  for  trans- 
portation to  other  districts,  and  remaining  in  the  warehouse  at  the  end  of  each  fiscal  year. 


LEGISLATIVE    HISTORY  5l7 

Then  tlic  law  providt's  that— 

Till'  Cliii'f  of  tlio  Bureau  of  Statistics  sliall  oolloot,  diprest,  and  arrange,  for  the  use  of  Congress,  the 
statistics  of  Ihc  inanufaolures  of  tlic  Uiiito<i  States,  their  localities,  soiin'es  of  raw  material,  markets, 
exchanges  with  the  jiroducing  regions  of  the  country,  transportation  of  products,  wages,  and  such 
other  conditions  as  are  found  to  allect  their  prosperity. 

It  could  not  well  be  made  any  broadei'. 

Now,  when  yon  turn  to  the  <lnty  of  the  Commissioner  or  head  of  the  Dejiartment 
of  Labor,  you  lind  that  he  is  re(|uired  l)y  law  to  do  this!  It  is  proposed  to  keep  it  an 
independent  department,  charged  I)y  law  with  the  same  duties  and  functions  now 
imiK)sed  upon  it  under  the  supervision  of  no  Cabinet  ofHcer.  In  view  of  what  I 
have  read  as  to  other  statistical  l)ureaus,  I  ask  the  Senate  for  a  moment  to  listen  to 
this: 

That  the  Commissioner  of  liahor,  in  accordance  with  the  general  design  and  duties  referrcil  to  in 
section  1  of  this  act — 

Which  are  very  large,  being  t(j — 

acquire  and  dilTuse  among  the  people  of  the  United  States  useful  information  on  subjects  connected 
with  labor,  in  the  most  general  and  comprehensive  sense  of  that  word,  and  especially  upon  its  rela- 
tion to  capital,  the  hours  of  labor,  the  earnings  of  laboring  men  and  women,  and  the  means  of  pro- 
moting tlieir  material,  social,  intellectual,  and  moral  prosperity. 

Now,  here  are  his  duties: 

To  ascertain,  at  as  early  a  date  as  po.ssible,  and  whenever  industrial  changes  shall  make  it  essen- 
tial, the  cost  of  ]irodueing  articles  at  the  time  ilutiable  in  the  United  States,  in  leading  coiintries 
where  sucli  articles  are  ]:>roduced.  by  fully  sjiecilied  units  of  production,  and  under  a  classilication 
showing  the  dilVerent  elements  of  cost,  or  approximate  cost,  of  .such  articles  of  production,  including 
the  wages  ])aid  in  s\ich  industries  jier  day,  week,  month,  or  year,  or  by  the  piece;  and  hours  employed 
per  day:  and  tin-  protits  of  the  maiuifacturers  and  producers  of  such  articles;  and  the  comparative 
cost  of  living,  and  the  kind  of  living. 

More  specific,  but  covered  l>y  the  general  language,  is  it  not,  of  the  other  pro- 
vision : 

"It  shall  be  the  duty  of  the  Commis,sioner  also  to  a.seertain  and  report  as  to  the  eflfeet  of  the  cus- 
toms laws,  and  the  effect  thereon  of  the  state  of  the  currency,  in  the  United  States,  on  the  agricul- 
tural industry,  especially  as  to  its  ell'cct  on  mortgage  indelitedness  of  farmers;"  and  what  articles  are 
controlled  by  trusts  or  other  combuiations  of  capital,  liusiness  operations,  or  labor,  and  what  effect 
saiil  trusts  or  other  combinations  <_if  ciipital,  busines.s  operations,  or  labor  have  on  production  and 
prices.  He  shall  also  establish  a  system  of  reports,  by  which,  at  intervals  of  not  less  than  two  years, 
he  can  rejiort  the  general  condition,  .so  far  as  production  is  concerned,  of  the  leading  industries  of 
the  country. 

And  he  does.  Now,  as  we  are  going  along,  that  should  be  changed  so  as  to  avoid 
a  large  duplication,  at  great  expen.se,  of  the  statistics,  or  it  should  be  transferred  to 
the  Dejiartinent  of  Connnerce,  with  authority  in  the  Cabinet  ofhcer  at  the  head  of 
that  Department  so  to  redistribute  between  the  two  bureaus,  as  was  jn-oposed  by  the 
amendment  of  my  colleague  [Mr.  Quarles]  the  duties  as  to  gathering  the  statistics  as 
to  prevent  duplication. 

As  the  law  stands  now  you  have  the  Geological  Survey,  at  great  expense — as  was 
stated  by  the  Senator  from  Iowa  [Mr.  AIli.«on]  the  other  day,  and  it  is  true — pro- 
curing statistics  as  to  mining,  and  you  find  the  same  duty  imposed  upon  this  Depart- 
ment. While  I  am  in  favor  of  the  l)ill  and  believe  in  the  creation  of  this  new 
Department,  I  think  what  i>arti('ulai-ly  ought  to  engage  the  attention  of  the  Senate 
now,  if  these  various  departments  and  Inireaus  are  to  be  withheld  from  this  Depart- 
nient,  where  power  is  to  be  lodged  to  supervise  and  redistribute,  so  far  as  the  gather- 
ing of  statistics  is  concerned,  is  that  some  provision  by  amendment  to  this  bill  should 
be  made  which  would  prevent  this  duplication. 

Mr.  Bacon.  Will  the  Senator  from  Wisconsin  jiermit  me  for  a  moment? 

Mr.  Spooner.  Certainly. 

Mr.  Bacon.  What  does  the  Senator  say  with  reference  to  section  8  of  the  law,  which 
directs  the  Commissioner  to  make  reports  to  the  President  and  to  Congress,  and  also 
to  make  rejiorts  on  particular  subjects  when  called  on  either  by  the  President  or  by 
either  House  of  Congress. 

Mr.  Spooner.  From  what  law  does  the  Senator  read? 

Mr.  Bacon.  The  law  creating  the  Department  of  Labor,  which  the  Senator  has 
been  discussing.     I  think  he  has  it  before  him.     He  read  the  seventh  section. 

Mr.  Spooner.  Does  the  Senator  mean  the  Department  of  Labor  act? 

Mr.  B.\coN.  Yes,  sir.  The  Senator  read  the  seventh  section  and  said  there  ought 
to  be  an  amendment. 

]\Ir.  Spooner.  I  was  dealing  with  the  duties  to  show  that  they  involved  a  duplica- 
tion of  statistics. 

Mr.  Bacon.  I  understand  that,  and  I  call  the  Senator's  attention  to  the  fact  that 
the  present  law  requires  the  Commissioner  of  Lal)or  to  make  reports  to  the  President 
and  to  Congress,  and  also  when  called  upon  l)y  cither  the  President  or  either  House 


518  LEGISLATIVE    HISTORY 

of  Congress  to  make  reports  on  particular  subjet-ts,  and  also  t(5  make  to  Congress  an 
annuar  report  as  to  the  money  expended.  There  is  no  provision  in  this  bill  as  to 
whether  or  not  these  provisions  shall  remain  in  force.  The  question  I  desire  to  ask 
the  learned  Senator  is  whether  in  his  view,  if  the  Department  of  La])or  is  made  a 
division  of  the  Department  of  Commerce,  tiic  law  should  be  changed  in  that  regard, 
or  whether  it  is  the  idea  of  the  Senator  that  the  duty  of  reporting  directly  to  Con- 
gress is  taken  away  from  this  Dei^artment? 

Mr.  Spoonek.  I  am  not  certain  that  the  Senator  from  Georgia  is  right  that  there  is 
no  such  provision  in  this  bill. 

Mr.  Bacox.   Well,  possibly  not. 

Mr.  Spooner.  It  says: 

And  p  rm '  ided  fitrthe  r 

Mr.  Bacox.  It  is  not  in  that  particular  provision,  but  there  may  be  some  general 
provision. 

Mr.  Spooner.  It  says: 

And  prnridrd  further,  That  all  laws  prescribing  the  work  and  rteflning  the  duties  of  the  several 
bureaus,  ofiiees,  "departments — 

That  is  drawn  with  reference  to  the  inclusion  of  the  Department  of  Labor. 

or  branches  of  the  public  service  by  this  act  transferred  to  and  made  a  part  of  the  Department  of 
Commerce  shall,  so  far  as  the  same  are  not  in  conflict  with  the  provisions  of  this  act,  remain  in  full 
force  and  effect  until  otherwise  provided  by  law. 

I  suppose  under  that  it  would  be  the  duty  of  the  head  of  the  Department  of  La,bor 
to  transmit  to  Congress  through  the  Secretary  of  Commerce  the  reports  required 
by  law. 

Mr.  Bacon.  Is  it  your  idea  that  under  the  bill  as  now  drawn,  if  it  shall  be  enacted 
into  law,  these  provisions  would  still  l:»e  in  force,  and  that  the  Commissioner  would 
simply  send  his  report  through  the  head  of  the  Department  rather  than  direct  to 
Congress? 

Mr.  Spooner.  That  is  my  understanding. 

Mr.  Bacon.  There  is  no  bureau  or  department  of  Government — not  one — which 
is  a  subordinate  division  of  an  executive  department  that  reports  to  Congress. 

Mr.  Spooner.  I  understand  that,  but  this  Bureau  is  transferred  by  the  present  bill 
with  this  provision: 

That  Jill  onricers.  clerks,  and  emploveos  now  employed  in  any  of  the  bureaus,  offices,  departments, 
or  branches  of  the  public  scrvire  in  tliis  act  transferred  to  tlie  iJepartment  of  ("ommcrce  are  each  and 
all  hereby  transferred  to  said  Department  at  tlicir  i)resent  grades  and  salaries,  excejit  where  other- 
wise provided  in  this  act. 

Then  follows  the  provision  which  makes  them  all  subject  to  discharge  the  duties 
now  imposed  by  law,  except  where  qualified  by  this  act.  I  discover  nothing  in  this 
proposed  act  which  repeals  the  law  which  imposes  that  plain  duty  upon  the  heail  oi 
the  Department  of  Labor,  and  I  assumed  in  looking  it  over  that  it  remains.  I  think 
perhaps  it  would  be  considered  to  l^e  modified  in  this  respect,  under  the  rule  which 
has  always  i)revailed,  that  if  either  House  of  Congress  desired  special  information 
from  that  Department  it  would  direct  the  Secretary  of  Commerce  to  afford  it. 

Mr.  Bacon.  What  would  we  do  if  the  Secretary  of  Commerce  declined? 

Mr.  Spooner.  What  would  we  do  if  the  head  of  the  Bureau  of  Labor  should  de- 
cline? 

Mr.  Bacon.  I  think  we  would  deal  witli  him. 

Mr.  Spooner.   How  would  you  deal  with  him? 

Mr.  Bacon.  Well,  if  I  had  "the  votes  of  the  Senate  in  my  control  I  would  deal  with 
him  very  peremptorily. 

Mr.  Spooner.  How? 

Mr.  Bacon.  In  the  first  place,  I  would  not  pay  him  any  salary.  That  would  be 
one  way  to  deal  with  him. 

Mr.  Spooner.  Could  you  not  deal  with  the  Secretary  in  the  same  way? 

Mr.  Bacon.  Certainly.     I  merely  asked  the  Senator  as  a  sort  of  side  issue. 

Mr.  Spooner.  I  have  said  all  I  care  to  say. 

Mr.  McCuMBER.  Mr.  President,  I  have  been  listening  to  this  debate  with  the  hope 
of  obtaining  information  as  to  some  particular  function,  some  power  that  was  lodged 
in  this  new  Commerce  Department,  whereby  it  could  become  necessary  to  attach  to 
it  certain  of  the  other  bureaus,  and  without  which  it  would  not  have  its  power  of 
action.  Taking  away  from  this  l)ill  certain  statistical  bureaus  seemed  to  disturb  the 
Senator  from  Wisconsin  to  a  great  extent,  and  he  asked  the  pertinent  question,  ^Vhat 
will  there  be  left  for  the  Department  of  Commerce  if  we  take  away  each  and  all  of 
these  bureaus?     Now,  I  might  ask  him,  How  do  these  bureaus  assist  him  in  any  way 


LE(nSLATIVK    HISTORY  519 

siiiil)lv  by  bocnniing  a  portion  of  this  piirticular  Dejiartment?  What  power,  what 
control,  what  authority  ha.s  the  now  Secretary  of  Commerce  over  any  of  these 
Imieaiis  wliich  are  to  l>e  })lace(l  un<ler  him  and  snl)ordinate  to  that  i)artic>iiar  Depart- 
ment?    I  can  not  see  that  he  lias  any  sncii  jjower. 

Toltesure,  the  bill  says  that  the  Secretary  is  to  foster  and  develop  and  i)romote 
our  commerce;  but  how  is  he  to  do  it?  lie  is  to  do  it  simply  l)y  <;atherin^  statistics 
and  repDrtiny;  tlu'm.  What  is  there  to  prevent  his  f;atherin<,'  those  statistics  from 
each  of  these  separate  l)ureans  where  they  are  now  located  as  well  as  though  they 
were  made  part  and  i)arcel  of  his  }iarticular  Dejjartment?  What  is  this  I)e])artment, 
anyway,  but  a  mere  statistical  body?  What  does  it  create?  What  does  it  promote? 
What  doi's  it  control?  Not  even  the  eonunerce.  It  has  no  influence  over  it  in  any 
way  except  as  it  may  report  the  statistics,  and  as  an  advisory  arm  of  the  (Tovern- 
meiit.  It  controls  n'othinj:;  it  tjoverns  nothin;;.  It  simply  reports,  and  that  being 
the  ease,  it  seems  to  nie  it  is  nothinjj  more  tlian  a  mere  statistical  bureau. 

We  can  not  say  the  same  of  tlu>  other  departments.  The  Treasury  Department 
controls;  it  governs  the  matters  that  are  i>articularly  })ertinent  to  it.  The  Interior 
I)e])artment  lias  <reneral  control  over  intericir  affairs.  The  Indian  Department  is 
made  a  ])art  of  it  and  acts  under  its  power  and  authority.  It  is  one  of  the  particular 
arms  throui;;})  which  it  carries  out  its  power  and  assists  it  in  performing  its  particular 
functions.     That  is  not  true,  however,  of  this  Department. 

Now,  what  rule  should  govern  in  determining  what  particular  bureaus  should  come 
under  and  be  made  subordinate  to  the  Department  of  Connnerce?  Certainly  we 
nmst  say  it  nuist  be  something  that  is  ])ertinent.  I  can  not  see  any  more  reason  for 
taking  under  this  particular  jurisdiction  the  r.ureau  of  Lal)or  than  there  would  be 
for  taking  under  it  the  whole  Department  of  Agriculture.  We  can  not  have  any 
commerce  without  our  having  agricultural  exports. 

Every  one  of  those  things  has  a  certain  connection  with  some  other  matter,  and 
they  are  important  connections;  and  if  we  are  to  determine  it  simply  by  the  rule 
that  there  should  go  nnder  and  be  subordinate  t(^  this  new  Department  everything 
which  has  any  connection  whatever  with  connnerce,  then  we  have  to  bring  the  whole 
thing  nnder  it,  because  there  is  no  one  of  our  industries  which  has  not  its  regular 
connections  with  other  industries  and  is  affected  by  them,  and  therefore  the  Depart- 
ment of  Commerce  might  lie  said  to  overlook  and  control  and  govern,  and  they  all 
should  be  brought  mider  its  particular  wing. 

It  seems  to  me  there  are  certain  things  which  are  pertinent,  some  things  immedi- 
ately coimected  Avith  it,  which  it  might  be  proper  for  it  to  have  nnder  its  sole  con- 
trolas  an  advisory  board;  but  if  you  take  the  Dejtartment  of  Labor,  the  Department 
of  the  Census,  or  any  of  these  other  sul)ordinate  l)ureaus  and  place  them  under  the 
Department  of  Commerce  you  will  simply  have  1)ureaus  with  only  the  remotest  con- 
nection with  commerce,  aiid  after  all  yon  have  them  under  a  secretary  whose  whole 
force  can  do  nothing  but  give  statistics,  and  he  can  get  his  statistics  just  as  well  from 
the  Census  Dureau,  which  furnishes  four-tifths  of  all  of  the  data,  the  raw  material  out 
of  winch  these  statistics  are  compih^l,  as  to  take  a  certain  portion  of  the  records  and  a 
certain  ])ro]>ortion  of  the  clerical  force  of  that  Department  force  and  detach  them 
from  their  original  Department  and  place  them  in  another  one  to  which  they  do  not 
belong. 

The  Census  Department  is  continually  getting  the  raw  material  out  of  which  the 
greater  ]>ortion  of  these  statistics  must  come.  This  new  Dejiartment  must  get  all  its 
information  from  the  several  bureaus  of  the  Government,  and  I  am  perfectly  willing 
to  ailmit  that  I  can  not  see,  contrary  to  the  idea  of  the  Senator  from  Wisconsin,  that 
any  injury  whatever  would  be  (lon(>  to  the  Department  of  Connnerce  if  every  one  of 
these  bureaus  were  taken  away  from  it  and  it  got  its  data  from  them,  as  they  are 
attached  to  the  proper  arms  of  the  particular  department  to  which  they  naturally 
belong. 

I  think  I  have  said  all  I  desire  on  this  subject,  and  I  confess  I  can  not  see  why  a 
department  J >urely  statistical  in  its  character  shonl<l  necessarily  take  nnder  its  par- 
ticular wing  all  tlu>  other  bureaus  which  furnish  the  raw  material,  and  if  I  agreed 
that  it  must  do  that,  then  I  certainly  would  not  know  where  to  draw  the  line 
between  what  should  be  left  i)ut  and  what  should  be  taken  in. 

Mr.  Cii.i.oM.  I  move  that  the  Senate  i)roceed  to  the  consideration  of  executive 
business. 

Mr.  Ci.AV.  Will  the  Senator  from  Illinois  withdraw  iiis  motion  for  a  moment,  not 
exceeding  two? 

Mr.  CtLi.oM.  Certainly. 

The  PRKsiniNG  Okfu-kr  (Mr.  Perkins  in  the  chair).  The  motion  is  withdrawn. 

Mr.  Ci.AY.  IVIr.  President,  I  am  unwilling  to  be  entirely  sih^nt  and  have  it  inti- 
mate<l  that  any  member  of  the  minority  of  the  Commerce  Con nnittee  desired  in  any 


520  LEGISLATIVE    HISTOEY. 

way  to  antagonize  the  interests  of  the  labor  organizations  of  this  country.  I  have  been 
in  public  life  a  long  while,  and  never  in  my  life  have  I  cast  a  vote  or  made  a  speech 
antagonistic  to  their  interests,  and  1  do  not  believe  a  single  member  of  the  Commerce 
Committee  desired  in  any  way  to  antagonize  their  interests  in  making  a  favorable 
report  on  this  bill.  In  considering  this  bill  before  the  Committee  on  Commerce 
there  was  never  an  intimation  that  a  single  labor  organization  in  this  country  was 
against  a  favorable  report,  or  against  the  very  feature  of  the  bill  which  we  have  been 
discussing. 

Tlie  first  time  I  ever  heard  at  any  time  that  the  labor  organizations  in  any  way 
opposed  this  change  was  from  the  President  of  the  Senate  no  longer  ago  than  yester- 
day. I  desire  to  state  that,  on  the  contrary,  the  committee  in  considering  this  matter 
were  informed  and  believed  that  the  Labor  Department  and  the  labor  organizations 
were  really  in  favor  of  this  change.  It  was  not  the  purpose  of  that  committee  in  any 
way  to  antagonize  that  interest.  We  simply  thought  that  the  Labor  Department  would 
be  as  efficiently  administered  under  the  new  Department  as  it  had  been  administered 
in  the  past.  AVe  simply  thought  that  by  reason  of  the  transfer  the  Labor  Department 
would  aid  the  Commerce  Department  in  the  discharge  of  its  duties. 

We  thought  likewise  in  regard  to  the  Census  Department.  We  did  not  desire  to 
destroy  or  impair  in  any  way  the  efficiency  of  those  departments.  We  simply  desired 
to  take  those  departments  and  transfer  them  to  the  new  Department  to  aid  the  new 
Department  in  carrying  out  its  duties,  without  in  any  wise  affecting  the  efficiency  of 
the  departments  which  were  to  be  transferred.  No  one  can  say  that  I  have  at  any 
time  ever  antagonized  the  interests  of  the  labor  organizations  of  our  country. 


The  further  discussion  was  taken  up  in  the  Senate  on  January  27, 
1903. 

Mr.  Nelson.  I  ask  unanimous  consent  that  the  Senate  proceed  to  the  consideration 
of  the  bill  (S.  509)  to  establish  the  Department  of  Commerce. 

There  being  no"  objection,  tlie  Senate,  as  in  Committee  of  the  Whole,  resumed  the 
consideration  of  the  bill. 

The  President  pro  tempore.  The  question  is  on  agreeing  to  the  amendment  pro- 
posed by  the  Senator  from  Alabama  [Mr.  Pettus]. 

Mr.  Nelson.  I  have  here  a  communication  from  the  secretary  and  treasurer  of  the 
Knights  of  Labor  bearing  upon  the  question  of  this  amendment,  which  I  should  like 
to  have  read  by  the  Secretary. 

The  President  pro  tempore.  If  there  be  no  objection,  the  communication  will  be 
read.     The  Secretary  will  read  as  requested. 

The  Secretary  read  as  follows: 

Office  of  General  A.ssembly, 
Order  of  Knights  of  Labor, 

Washingiun,  I).  C,  January  2/^,  1902. 
Hon.  Knute  Nelson, 

United  States  Senate. 
Dear  Sir:  I  have  read  carefully  the  discussion  poing  on  in  the  Senate  for  and  against  includingr 
the  Department  of  Labor  in  your  bill  for  the  establishment  of  a  Department  of  Commerce,  and  send 
you  herein  a  few  facts  beariiig  upon  the  matter  from  the  standpoint  of  the  Knights  of  Labor. 
Very  truly,  yoiirs, 

JNO.  W.  HAYES, 
General  Secretary-  Treasurer. 


To  the  I'nUcd  States  Senate. 

Gentlemen:  The  opposition  to  the  Labor  Department  being  included  in  the  proposed  Department 
of  Commerce  is  confined  to  a  few  labor  men  who  probably  have  "axes  to  grind  "  with  the  present 
organization  of  the  department.  The  great  mass  of  organized  labor  will  be  ghid  to  see  it  included  in 
the  new  Department,  so  that  there  may  be  a  competent  and  responsilile  liead  to  direct  its  work. 
This  is  the  more  necessary  from  the  point  of  view  of  organized  labor,  l)eeanse  from  the  very  begin- 
ning the  department  hasbeen  conducted  as  a  personal  asset  of  the  Commissioner.  It  has  been  of 
littieeonse<]uence  f)r  value  to  those  whom  it  was  organized  to  aid,  an<l  more  than  one-half  of  its 
reports  are  false  and  misleading. 

A  Department  of  Labor  with  a  Secretary  of  Labor  entitled  to  a  seat  in  the  President's  Cabinet 
would  be  very  acceptable  to  the  working  men  of  the  country,  but  the  realization  of  such  a  thing  is 
so  far  remote  that  it  is  not  worthy  of  attention.  There  is  nothing  in  the  present  nor  in  the  near 
future  to  warrant  eventlie  Imjie  that  Congress  will  establish  an  executive  department  for  the 
exclusive  benefit  of  the  workingman, 

I  look  upon  the  proposed  Department  of  Commerce  as  a  decided  step  forward  in  the  interests  of  the 
workingman.    Anything  that  will  promote  the  interests  of  our  industries  and  help  to  increase  the 


LEGISLATIVE   HISTORY  521 

sale  of  Amorifan  products  will  bo  a  benefit  to  the  workiiigmcii  who  help  to  make  and  transport 
those  products,  mid  any  measure  that  will  tend  to  brinp  the  Labor  Department  nearer  to  a  (Cabinet 
position,  where  the  interests  of  the  workingmen  and  women  can  be  direetly  considered  and  acti'd 
upon  with  as  much  free<iom  and  with  as  much  rifjht  to  <lcmand  a  hearing;  as  the  interests  of  llie  com- 
mercial and  manufaclurini,'  institutions  of  the  co\uitry,  will  receive  the  umiualitied  apjiroval  ami 
indorsement  of  the  masses  of  workiUKmeii,  whether  orKani7.e(l  or  not. 

It  is  the  manifest  i)urpose  of  the  iiroposcd  Deiiartmeut  of  Commerce  to  bring-  together  under  one 
resi)onsible  head  all  the  bureaus  in  other  departments  which  have  any  relation  or  connection  with 
the  eonnnercial  and  manufacturing  interests  of  the<'ountry. 

It  lias  lieeii  said  that  the  Labor  Department  has  no  connection  with  these  interests;  that  it  is  an 
educational  and  .MMeutilic  bureau,  etc.  This  .sounds  well,  but  I  venture  to  .say  that  the  honorable 
geiitU'inen  who  hold  these  views  are  not  very  well  aciiuiiinted  with  the  means  that  are  employed  by 
the  clerk<  and  agents  in  collecting  and  compiling  the  statistics  sent  out  by  the  Labor  Dcp.irlmcnt. 

Tin-  Labor  Department  lias,  orouplit  to  have,  as  much  relation  to  the  manufacturing  and  commer- 
cial interests  as  any  other  branch  of  the  Government  service.  It  was  created  at  the  re(iuest  of 
organized  labor  for  the  expres-s  purpo.se  of  looking  after  the  interests  of  labor,  as  will  be  shown 
further  on. 

Will  anyone  deny  that  matters  which  either  impede  or  improve  the  progress  and  v.elfaro  of  our 
manufacturing  and  commercial  interests  <lo  not  have  a  corresponding  elTcct  upon  the  workingmen 
and  women  emi)loyed  by  tho.-^e  great  interests?  Will  anyone  take  the  jiosition  that  the  interests  of 
the  manufacturer  and  workingman.  who  stand  in  the  relation  of  employer  and  emi>loyee,  should  not 
be  considered  jointly  in  matters  alVecting  the  welfare  of  both,  and  which,  from  the  very  nature  of 
things,  must  be  acted  iii)on  and  determincil  by  the  head  of  the  new  Dejiartment?  And,  furthermore, 
is  it  not  obvious  that  the  interests  of  both  can  be  better  served  and  promoted  by  having  a  respon.sible 
representative  in  the  Cabinet,  whose  sworn  duty  it  will  be  to  look  after  the  welfare  and  act  honorably 
and  impartially  toward  both? 

For  the  piirplise  of  correcting  several  errors  that  appeared  during  the  debate  on  Senate  bill  .i69, 
providing  for  a  liepartment  of  Commerce,  while  the  bill  was  under  dis<'Ussion  in  the  iSen.ite,  as  well 
as  to  place  the  Lalior  Department  in  its  proper  position  liefore  the  country,  a  position  which  it  has 
earned  by  catering  to  all  the  "  isms  "  advanced  and  .suggested  by  a  host  of  theorists  and  necromantic 
labor  reformers,  I  submit  herewith  a  brief  outline  of  the  facts  relating  to  the  establishment  of  the 
Labor  Department. 

The  enactment  of  the  law  providin.g  for  the  Labor  Department  was  the  result  of  special  agitation 
and  work  on  the  part  of  the  order  of  the  Knights  of  Labor  and  its  officers.  Early  in  the  year  1886 
Mr.  T.  V.  Powderly,  who  was  then  the  general  master  workman,  and  John  W.  Hayes,  who  was  the 
secretary  of  the  general  executive  board,  had  a  conference  with  President  Cleveland  to  secure  his 
cooiieration  in  extending  the  usefulness  of  the  Bureau  of  Labor;  to  require  the  Commissioner  to 
make  a  thorough  investigation  into  the  cause  and  trouble  that  resulted  in  the  h^outhwest  strike  on 
the  Gould  system  of  railways,  which  strike  was  in  progress  at  that  time.  At  that  conference  the 
question  of  "establishing  a  Cabinet  department  known  as  the  Department  of  Labor  was  fully  and 
freely  di.scussed,  together  with  the  objects  which  we  had  hoped  to  accomplish  by  our  visit,  the 
sending  of  a  special  message  to  Congress  that  an  arbitration  department  be  created  and  connected 
with  the  Bureau  of  Labor.  On  April  22,  1886,  President  Cleveland  sent  the  message  to  Congress  in 
line  with  our  suggestions. 

The  following  year  Mr.  Powderly,  the  general  ma.ster  workman  of  the  order  of  the  Knights  of 
Labor,  in  his  rei)ort  to  the  general  assembly,  recommended  the  enactment  of  a  law  establishing  a 
Department  of  Labor.  The  report  will  be  found  on  page  1.532,  Proceedings  of  the  General  A.ssembly, 
1887,  and  is  as  follows: 

"I  believe  the  day  has  come  for  united  labor  to  ask  at  the  hands  of  Congress  the  passage  of  a  law- 
creating  a  Department  of  Labor  at  the  seat  of  the  National  Government.  I  would  respectfully  ask  of 
the  coinmilti'e  on  legislation  to  prepare  a  bill  and  introduce  it  to  the  Congress  at  the  next  session. 
We  have  to-day  a  Department  of  War;  we  do  not  need  it  at  all  in  comparison  to  a  Department  of 
Labor.  The  Navy  Department  is  not  such  an  important  one,  for  we  do  not  require  the  use  of  a  very 
extensive  National  Navy.  The  prosperity  of  the  whole  country  rests  on  the  broad  shoulders  of  labor, 
and  there  is  notliing  now  so  prominently  before  the  nation  and  the  world  as  the  question  of  labor. 
Nearly  every  action  taken  now  by  the  Executive  or  his  Cabinet  deals  in  one  way  or  another  with  the 
questions  of"  labor;  its  ramifications  extend  .everywhere,  its  power  is  felt  everywhere,  and  its  useful- 
ness is  now  re<'ognized  everywhere.  All  this  being  true,  it  is  no  more  than  just  that  the  President 
should  have,  as  a  member  of  his  Cabinet,  a  man  who  represents  more  than  war,  more  than  a  few 
ves.sels,  more  than  a  sentiment,  more  than  a  class.  Labor  can  not  be  called  a  class,  for  it  is  every- 
where. To  have  a  man  in  his  Cabinet  with  whom  to  consult  on  the  questions  of  labor,  the  President 
would  be  in  a  better  position  to  deal  with  the  questions  of  capital.  Labor  to-day  is  entitled  to  far 
more  at  the  seat  of  government  than  a  mere  bureau,  but  it  will  not  receive  any  more  unless  it  asks 
for  it.     I  recommend  that  it  ask  for  the  establishment  of  a  Department  of  Labor." 

Tills  recommendation  was  referred  to  the  committee  on  legislation  who,  after  considering  the  mat- 
ter, reported — i)age  1770,  Proceedings  of  the  (Jeneral  Assembly,  1887 — as  follows: 

"In  order  to  concentrate  our  efforts  we  recoinmeiKl  that  the  following  national  measure  be  made 
the  object  of  our  especial  endeavor  during  the  existence  of  the  Fiftieth  Congress: 

"  A  liepartment  of  Labor,  the  head  of  which  shall  be  a  member  of  the  Cabinet,  said  Department  to 
have  a  division  orbureau  foreach  distinct  form  of  industry,  such  as  agriculture,  mining,  manufact- 
ures, etc.,  and  its  powers  for  the  investigation  of  the  condition  of  labor,  and  for  the  promotion  of  its 
welfare,  to  be  as  extensive  as  the  most  liberal  construcli<^n  of  the  Constitutif)n  will  allow." 

This  proposition  having  been  pas.sed  by  the  general  asseml)ly  in  general  convention,  was  referred 
to  the  committee  on  legislation,  who  were  stationed  at  Washington.  This  committee  took  the  matter 
in  hand,  jirepared  the  necessary  bill,  had  it  intro(luce(l  in  tJongress,  and  were  successful  in  creating 
the  ))resent  Department  of  Labor.  Their  report,  which  will  be  found  on  page  2,  legislative  report, 
I'rocec(liugs  of  the  General  A.sseinbly,  ls,s8,  is  as  follows: 

"Among  the  measures  that  were  intrusted  to  our  care  by  the  general  as,scmb!y  at  its  session  in  Min- 
neapolis, 1887,  we  have- to  report  the  following  in  relation  thereto: 

"  DEPARTMENT  OF   LABOR. 

"The  bill  to  create  a  Department  of  Labor  was  introduced  in  the  House  from  the  Committee  on 
Labor  by  Representative  John  J. O'Neill,  chairman  of  that  committee,  on  March  l.'i.  It  i)as.sed  the 
House  on  Aj)ril  18;  was  by  the  Senate  referred  to  the  Committee  on  Education  and  Labor,  and  reported 
back  by  the  chairman  of  that  committee.  Senator  Blair,  and  pa.ssed  the  Senate  with  certain  anuMid- 
ment-s  oii  May  22.    Conferees  were  appointed  to  meet  those  appointed  from  the  House  on  the  amend- 


522  LEGISLATIVE   HISTORY 

monts  ofiorcd  l)y  the  Senate.    The  Senate  and  House  conferees  met  on  May  31,  anrt  agreed  upon  the 
amendments." 

A  reading  of  the  law  shows  tliat  it  is  tlie  duty  of  the  Commissioner— 

"Toiic<juire  aTid  dilTuse  among  tlie  i)eoi)le  of  the  United  Stales  useful  information  upon  subjects 
connectecl  with  lalior  in  the  most  general  and  comprehensive  sense  of  the  word,  and  especially  upon 
its  relation  to  cajiital,  tlie  liours  of  labor,  the  earnings  of  laboring  men  and  women,  and  the  means  of 
promoting  their  material,  social,  intellectual,  and  moral  ])rosiierity." 

Section  7  sets  out  in  detail  just  what  the  duties  of  tlie  Commissioner  shall  bo  in  properly  carrying 
out  the  aims  an<l  objects  f)f  the  law.  It  does  not  provide  that  statistical  information  bearing  lipon 
the  <|ueslions  of  lalior  shall  be  guessed  at  and  written  up  by  agents  wIki  are  miles  away  from  tlie 
manufacturing  institutions  which  they  are  supposed  to  have  visited  and  collected  tlie  inl'orm.ation 
from.  Jt  docs  not  provide  for  the  collection  of  statistics  bearing  on  the  number  of  divorces  granted 
in  the  United  States.  It  does  not  provide  for  the  collection  of  data  bearing  upon  thc(|uestion  of 
wages,  prices,  etc.,  which  can  be  changed  and  comjiiled  to  suit  the  political  party  in  ]iowcrat  the 
time.  It  docs  not  provide  that  sjiecial  statistics  be  collected  and  compiled  to  favor  a  i>arliculftr 
political  party,  and  circulated  previous  to  an  election.  In  other  words,  it  does  not  provide  that  the 
Department  should  be  a  Democratic  l)e]>artment  when  the  Democrats  are  in  power,  and  a  Republican 
Department  when  the  Rciiubli!  aiis  are  in  power;  nor  does  it  provide  that  the  Dejiartment  shall  be 
run  as  an  experimental  station  to  exploit  the  theories  and  fancies  of  a  lot  of  deluded  so-called  econ- 
omists, statisticians,  and  labor  saviors. 

It  provides  that  honest  and  reliable  information  shall  be  collected,  compiled,  and  published  in  the 
interest  of  the  j)eoi)le.  We  have  no  hesitation  in  saying  that  this  lias  not  been  the  case  regarding  all 
of  the  statistical  inlVirmation  so  far  collected  and  pnblislied  by  this  Department. 

It  is  doubtful  if  wo  will  ever  be  honored  with  a  departmentof  labor  whose  secretary  will  comprise 
one  of  the  President's  Cabinet.  The  interests  of  labor  need  a  spokesman  in  the  rresidcut's  ('al)inet, 
and  some  recognition  at  the  hands  of  the  President.  It  can  not  get  this  recognition  tku-  be  repre- 
.sented  in  the  Cabinet  tmlcss  we  accept  the  proposition  submitted  by  the  honorable  Senator,  Mr. 
Nelson,  and  place  the  Labor  Bureau,  for  that  is  all  it  ainonnts  to,  under  the  jurisdiction  arid  control 
of  the  Department  of  Commerce.  This  will  make  it  incumbent  upon  the  Secretary  to  be  ever  watch- 
ftil  of  the  interi'sts  of  all  branches  and  bureaus  of  his  department.  It  will  enable  tlie  workers  to 
bring  all  matters  bearing  upon  the  interests  of  labor  to  the  attention  of  the  President  and  his  Cabi- 
net, and  give  ns  an  advocate  and  representative  at  all  sessions.  In  the  event  of  great  labor  disturb- 
ances throughout  the  country  we  will  have  a  secretary  with  authority  to  use  his  great  ollice  in  the 
interest  of  a  proper  adjustment  of  .said  disturbances.  It  will  force  and  compel  the  consideration  by 
the  Cabinet  of  all  such  disturbances,  and  we  can  look  forward  to  a  more  speedy  and  just  settlement 
of  such  affairs. 

Compare  a  department  with  authority  to  act  and  to  whom,  the  people  of  the  entire  country  would 
look  and  expect  an  honest  and  jvist  opinion  with  the  miserable  apology  or  makeshift  olTered  us 
through  the  i>rt'si'nt  Department  of  Labor,  without  authority  to  recommend,  with  simply  the  power 
to  investigate  ami  report,  with  the  privilege  accorded  its  representative  to  sit  in  the  anteroom  while 
the  Cabinet  ollicers  are  discussing  matters  in  which  labor  is  interested,  with  that  of  a  secretary 
who  would  have  aright  to  sit  and  discuss  all  matters.  Would  it  not  bring  us  nearer  to  the  idea 
sought  t»  be  accomplished  when  we  started  the  agitation  for  a  department  of  labor?  Would  it  not 
give  us,  in  a  small  way,  of  course,  a  Cabitiet  position  for  labor?  Would  it  not  at  least  jilace  labor 
upon  an  eimal  footing  with  capital  in  .so  far  as  it  would  have  a  right  to  demand  ami  insist  upon  a 
just  consideration  of  its  interests? 

I  trust  that  the  mi'inbers  of  Congress  and  the  Senators  of  the  United  States  will  see  this  matter  in 
the  same  light  that  we  do,  and  will  place  the  present  Labor  Bnreauln  the  Department  of  Commerce, 
and  later,  when  the  opportunity  is  ripe  for  adding  another  member  to  the  official  family  of  the  Pres- 
ident, we  may  be  able  to  have  a  .secretary  over  a  department  of  labor  and  industries. 

,Tno.  W.  H.vyes,  Gencml  Scrrrinni-Trraaiirfr. 

Mr.  Nelson.  The  pending  question  is  on  the  amendment  of  the  Senator  from  Ala- 
bama [Mr.  I'ettiis]  to  strike  out  the  Department  of  Labor  from  the  bill. 

The  Presidin(;  Officer  (Mr.  Piatt,  of  Connecticut,  in  the  chair).  The  amendment 
will  be  stated. 

The  Secret.vry.  In  section  4,  page  I!,  lines  IS  and  19,  strike  out  the  words  "the 
Department  of  Labor." 

The  Presiding;  Officer.  Is  the  Senate  ready  for  the  question? 

Mr.  Jones,  of  Arkansas.  Mr.  President,  I  have  listened  to  some  of  the  argtniients 
which  have  just  been  presented  to  the  Senate  to  show  why  the  Labor  Pureau  sliould 
be  put  in  this  proposed  new  Department,  but  none  of  them  satisfy  my  mind.  I  have 
in  my  hands  a  protest  coming  from  large  labor  organizations  against  this  action,  and 
I  will  read  it  to  the  Senate.  It  is  addressed  to  the  Senate.  It  was  htmded  to  me, 
and  perhaps  should  have  been  sulmiitted  at  the  time  petitions  and  memoriiils  were 
presented,  but  it  may  as  well  be  done  now. 

Washington,  D.  C,  .hinuary  2-2,  1<.)02. 
To  the  honorable  the  Senate  of  the  United  States: 

As  the  representative  of  the  Brotherhood  of  Locomotive  Engineers,  the  Brotherhood  of  Locomotive 
Firemen,  the  Orderof  Railway  Conductors,  the  Hrolherhood  of  Itailroail  'rrainmen,  and  the  orderof 
Railroa<l  Telegraphers,  I  earnestly  but  respectfully  protest,  on  behalf  of  these  organizations,  against 
that  part  of  the  iiending  bill  (S.  .'iiiy)  which  jiroposcs  to  place  the  Department  of  Labiir  under  the 
Department  of  Commerce. 

The  Department  of  Labor  was  created  in  the  general  labor  interests  of  the  coimtry  upon  the  recom- 
mendation and  in  II  neiice  of  organized  labor.  The  Dctiartment  of  Labor's  usefulness  has  been  steadily 
growing,  and  its  bcnelils  to  the  laboring  classes  are  uininestioned.  To  subordinate  this  Dc|>artment, 
as  is  proposed  in  this  bill,  might  render  it  useless  for  the  purposes  for  which  it  was  created,  because 
it  would  l)e  subject  to  the  domination  of  a  Cabinet  otiicer  who  might  be  selected  at  the  instance  of 
and  in  the  interests  of  employers  of  labor  rather  than  at  the  instance  of  and  in  the  interest  of  the 
laboring  ]ieo|)le  themselves. 

It  is  the  hope  of  the  laboring  people  of  this  country  that  an  independent  Department  of  Labor 
having  a  Cabiiu't  oHicer  as  its  otticial  head  may  be  create(l.  This  elementof  our  citizenshiji,  comi>ris- 
ing  a:i  it  does  the  great  majority  of  our  population,  is  certainly  worthy  of  such  recogniliim,  and  that, 
too,  by  this  (Umgress. 

Respectfully  submitted.  II.  R.  Fuller. 


LEGISLATIVK    HISTORY  523 

Mr.  l"'iill('r  ,<itj;iis  tliis  iiicmoriMl  as  tlic  rcprcsciitatiNi'  of  the  difffifiit  or<;aiiiziitions 
iiaiiu'd. 

Now,  Mr.  I'ri'sident,  it  siH'ins  to  mo  it  is  a  jx'ilVctly  roas()nal)li'  antici]>atiou  that 
ill  case  this  new  ('al)iiiet  otlicer  is  seiecteil  it  will  In^  insisted  that  the  Secretary  shall 
be  a  man  who  is  familiar  with  connnerce — who  is  connected  with  great  cDnnnenial 
enterjirises — anil  he  will  necessarily  be  in  sympathy  with  the  employers  of  labor 
rather  than  with  the  laboicrs  themselvi's. 

Mr.  Wki.i.inctox.    Will  the  Si'nator  2>erinit  a  (|uestion'.' 

^[r.  JoNKs,  of  Arkansas.  Certaiidy. 

Mr.  Wici.i.iNOTox.  J  observe  that  the  inciiKnial  lu-  has  read  is  signed  only  ])y  a 
]ierson  named  Fuller. 

.Ml-.  Jones,  of  Arkansas.  Yes. 

Mr.  Wkli.inctox.  There  are  a  mnnlier  of  organizations  named  there,  and  they  are 
powerful  ones.  Jtseemstomothat  if  they  intended  to  send  to  the  Senate  of  the  Ihiited 
States  any  <'t)nHnnnii'ation  it  would  be  sent  oHicialiy  by  (hem  and  signed  by  their 
ollicers.  _  I  (|nestion,  as  that  document  is  signed,  whether  we  can  consider  it  as  com- 
ing from  the  allied  oiganizations  which  it  ])retends  1o  rei)resent. 

Mr.  JoNKs,  of  Arkansas.  This  gentleman,  Mr.  Fuller,  has  been  in  Washington  as 
the  rejiresentative  of  tiiese  labor  organizations  for  a  number  of  years.  1  know  him 
personally.  1  have  known  him  for  a  long  wliile.  1  have  never  been  present  at  one 
of  these  labor  meetings,  but  I  have  no  more  doubt  that  he  represents  the  labor 
organizatit)ns  which  are  spe(!ilied  here  than  I  have  that  the  Senator  from  Maryland 
reiuesents  his  State. 

Mr.  LonoE.  I  will  say,  if  the  Senator  from  Arkansas  will  permit  me,  that  I\Ir. 
Fuller  appeared  before  the  Committee  on  Lnmigration  the  other  day  in  connection 
with  the  iiro])osed  Chinese-exclusion  act,  and  lie  i)resented  formal  credentials  from 
all  those  orL'anizations  authorizing  him  to  represent  them  in  regard  to  legislation 
pending  in  Congress.      [  think  there  is  no  donl)t  of  his  authority  at  all. 

Mr.  Jones,  of  Arkansas.  lam  ol)liged  to  the  Senator  from  Massachusetts.  I  know 
that  Mr.  Fuller  has  represented  these  lal)or  organizations  here  for  years.  I  know 
that  he  has  i)resented  the  arguments  in  favor  of  legislation  that  these  organizations 
have  been  interested  in.  He  has  conducted  himself  like  a  gentleman,  and  seems  to 
me  to  be  a  clear-headed,  strong  man.  He  is  himself  a  ])ractical  railroad  man;  he  has 
been  a  workman  on  the  raih'oads,  and  is  connected  with  them,  and  is  familiar  with 
their  affairs.  He  is  a  man  of  intelligence  and  integrity,  and  the  suggestion  of  the 
Senator  from  ^Maryland  that  there  is  any  doubt  alxuit  his  representing  the  people  he 
claims  to  re])resent  1  think  is  entitled  to  no  consideration  and  is  unwarranted  and 
not  sustaineil. 

]\[r.  Weli-in(;ton.   ^Ir.  President 

Mr.  IMoxEV.  Will  the  Senator  from  Arkansas  allow  me  to  ask  him  to  whom  he 
refers? 

The  PREsii)iN(i  Ofek'er.  To  which  Senator  does  the  Senator  from  Arkansas  yield? 

Mr.  Jones,  of  Arkansas.  I  vield  to'the  Senator  from  Mississippi,  and  I  will  state  to 
him  that  I  refer  to  Mr.  H.  K.  Fuller. 

Tlu'  PuEsiniNo  Oeficek.  Hoes  the  Senator  from  Arkansas  yield  also  to  the  Senator 
from  Maryland? 

Mr.  Jones,  of  Arkansas.  Certainly. 

]\Ir.  Wei.i-inoton.  I  merely  desire  to  say  that  the  objection  I  found  to  the  paper 
is,  in  my  judgment,  Avell  founded  njjon  its  face.  I  do  not  think  that  it  is  projier  for 
a  single  person  to  send  to  the  United  States  .Senate  a  comnuuiication  pretending  to 
rejuv.sent  a  large  body  of  organizations  that  have  their  otlicial  heads.-  If  they  desire 
to  address  the  Senate  uiion  any  matter,  it  seems  to  me  that  the  ,cominunit-ation 
shonld  be  otiicially  i)erfect,  and  that  this  paper  is  not  n]>on  its  face.  Of  course  I 
acce])t  the  exj.lanation  f)ffered,  but  I  do  intend  to  say  that  1  was  warranted  in  find- 
ing fault  \\\t\\  tlie  communication  as  it  was  read. 

Mr.  .loNEs,  of  .Arkansas.  Mr.  President,  these  labor  organizations  do  not  stay  all 
the  time  in  Washington.  The  men  constituting  these  organizations  have  something 
else  to  do.  They  earn  their  bread  by  the  sweat  of  their  faces  all  the  days  of  their 
lives,  and  they  are  busy  at  sonu'thing  else  besides  being  here.  But  when  they  have 
an  intelligent  representative,  a  man  who  stays  liere  to  rej^resent  their  interests,  and 
who  rejiorts  to  them,  I  think  he  has  a  right  to  spt-ak  for  them,  and  the  Senate  has  a 
right  to  listen  to  what  he  says. 

Mr.  Ci'LLOM.   Will  the  Senator  allow  me  to  iuti'mijit  him? 

Mr.  Jones,  of  Arkansas.  Certainly. 

Mr.  Cii.i.oM.  I  merely  desire  to  add  that  1  myself,  as  chairman  of  the  Committee 
on  Interstate  (\immerce,  know  this  gentleman,  and  heretofore  he  has  been  before 
our  committ(>e,  F  think  at  least  twice.  He  always,  I  think,  came  to  represent  these 
organizations,  and  I  never  heard  anyone  raise  a  (juestion  as  to  the  fact.  I  think  he 
is  a  gentleman  worthy  of  respect. 


524  LEGISLATIVE    HISTOKY 

Mr.  Jones,  of  Arkansas.  I  have  known  Mr.  Fuller  for  some  years.  He  has  borne 
himself  like  a  gentleman  and  has  conducted  himself  like  a  man  of  sense  and  ability. 
He  has  rendered  valuable  services,  to  my  certain  knowledge,  to  tlie  organizations  he 
represents  here,  and  1  tliink  lie  is  entitled  to  the  consiiieration  and  respect  of  every 
member  of  this  body  as  well  as  of  the  people  outside. 

The  argument  ]iresented  by  him  that  this  new  Department  of  Comuierce  is  more 
likely  to  have  at  its  head  a  man  in  sympathy  with  the  employers  of  labor  than  of 
labor  itself  seems  to  me  to  be  a  strong  reason  why  the  Department  of  Lalx)r  should 
be  allowed  to  remain  as  it  has  been  all  this  time,  and,  with  these  organizations,  I  see 
no  reason  why  it  should  be  subordinated  to  any  other.  I  do  not  believe  that  there 
is  any  good  reason  for  the  head  of  this  Bureau  being  put  in  any  other  de]iartment. 
He  can  go  ahead  and  do  his  work  as  he  has  done  it  in  the  past,  with  just  as  much 
credit  as  he  has  done  it,  and  that  is  the  best  way,  in  my  opinion,  to  benefit  labor  of 
all  kinds,  organized  as  well  as  unorganized,  throughout  the  country. 

The  Presidino  Officer.  The  question  is  on  the  amendment  of  the  Senator  from 
Alabama  [Mr.  Pettus]. 

Mr.  Nelson.  Mr.  President,  I  suggest  the  absence  of  a  quorum. 

Mr.  Pettus  rose. 

Mr.  Nelson.  If  the  Senator  from  Ala))ama  desires  to  speak,  I  will  withdraw  my 
suggestion. 

Mr.  Bacon.  It  occurs  to  me  that  the  Senator  from  Minnesota  can  not  do  that.  He 
has  suggested  the  absence  of  a  quorum. 

Mr.  CocKRELL,  The  suggestion  of  a  lack  of  a  (juorum  necessitates  the  calling  of  the 
roll. 

The  Pkesidino^  Officer.  The  Chair  thinks  the  rule  requires  that  the  roll  shall  be 
called.     The  Secretary  will  call  the  roll. 

The  Secretary  called  the  roll,  and  the  following  Senators  answered  to  their  names: 
Aldrich,  Bacon,  Bard,  Berry,  Beveridge,  Blackburn,  Burrows,  Burton,  C'lark  of  Mon- 
tana, Clark  of  Wyoming,  Clay,  Cockrell,  Cullom,  Dillingham,  Dubois,  I^lkins,  Fair- 
banks, Foster  of  Louisiana,  Foster  of  Washington,  Frye,  Gamble,  Hale,  Hanna, 
Heitfeld,  Jones  of  Arkansas,  Kearns,  Kittredge,  Lodge,  McLaurin  of  Mississippi, 
McLaurin  of  South  Carolina,  McMillan,  Mallory,  Martin,  Money,  Morgan,  Nelson, 
Patterson,  Pettus,  Piatt  of  Coiuiecticut,  Quay,  Rawlins,  Scott,  Simmons,  Simon, 
Spooner,  Taliaferro,  Teller,  Turner,  Vest,  Wellington,  and  Wetmore. 

Mr.  Spooner  ( when  the  name  of  Mr.  (iuarles  was  called ) .  My  colleague  [Mr.  Quarles] 
is  absent  from  the  Chanil)er  liecause  of  illness. 

The  Presidinc;  Officer.  Upon  the  roll  call  51  Senators  have  answered. to  their 
names.     A  quorum  of  the  Senate  is  present. 


On  January  28,  1902,  the  )m11  was  discussed  in  the  Senate  for  the 
last  time  before  j^oing;  to  the  House.  ,^ 

Mr.  Nelson.  I  ask  unanimous  consent  that  the  Senate  proceed  to  the  considera- 
tion of  the  bill  (S.  569)  to  establish  the  Department  of  Commerce,  and  that  it  be 
considered  without  the  limitation  of  Rule  VIII.  ' 

The  I'kesident  pro  tempore.  The  Senator  from  Minnesota  asks  unanimous  con- 
sent that  tiie  Senate  proceed  to  the  consideration  of  the  bill  known  as  the  Depart- 
ment of  Commerce  bill  and  that  the  limitation  of  five  minutes  be  removed.  Is 
there  objection?    The  Chair  hears  none. 

The  Senate,  as  in  Committee  of  the  Whole,  resumed  the  consideration  of  the  bill. 

The  President  pro  tempore.  The  question  is  on  the  amendment  offered  by  the 
Senator  from  Alabama  [Mr.  Pettus]. 

Mr.  McLaurin,  of  Mississippi.  Let  it  be  read. 

The  President  pro  tempore.  The  amendment  will  be  read  to  the  Senate. 

The  Secretary.  In  lines  18  and  19  on  page  .3,  it  is  proposed  to  strike  out  the 
words  "  the  Department  of  Labor  and." 

Mr.  McLaurin  of  Mississip])i.  I\Ir.  President,  I  do  not  rise  to  make  a  speech  on 
this  bill,  and  I  do  not'intend  to  do  so,  but  before  we  vote  on  the  pending  amend- 
ment I  wish  to  submit  a  suggestion  tliat  occurs  to  me. 

Preparatory  to  doing  that,  I  will  state  what  I  understand  to  be  the  proposition  of 
the  Senator  from  Alabama.  As  I  understand  the  bill,  it  embraces  the  Department 
of  Labor  in  the  Department  of  Commerce  and  makes  it  a  bureau,  and  it  is  the  purpose 
of  the  amendment  to  strike  this  out.  I  further  understand  from  the  discussion  of 
this  question  that  there  is  now  an  indejiendent  Dei)artment  of  Labor.  It  has  been 
argued  here,  especially  by  the  junior  Senator  from  Wisconsin  [Mr.  Qnarles]  and  the 


LEGISLATIVE    HISTORY  525 

senior  Sciiutor  from  "West  Vir<,'ini;i  [^\v.  Klkins]  that  the  purpose  of  ]nittiii^'  the 
Department  of  Labor  in  the  Department  of  Commerce  is  to  give  itdignity.  In  other 
words,  to  give  dignity  to  labor,  to  lift  it  up.  It  oceurs  to  me  that  if  it  be  true  that 
labor  and  commerce  are  to  go  hand  in  hand,  side  by  side,  if  they  are  of  equal  dignity, 
there  l)eing  a  l)epartment  of  Labor  already  established,  which  is,  according  to  the 
statement  of  Senators,  an  independent  department,  responsible  to  no  head  and  respon- 
sible to  noboily  excejit  to  tlu^  President,  it  might  be  well  to  make  that  an  executive 
dei>artment  and  to  i)rovide  for  a  secretary  of  labor  and  to  put  a  Inireau  of  commerce 
in  the  Department  of  I^al>or. 

In  the  selection  of  the  secretary  of  commerce  or  secretary  of  labor,  as  tlie  case 
might  be,  if  it  were  a  secretary  of  commerce,  the  President  would  naturally  have 
reference  to  sonui  one  engaged  in  connnerce.  He  would  have  reference  to  capital 
instead  of  to  labor.  But  if  we  have  a  department  of  labor  instead  of  a  department 
of  eonunerct'  ami  ])ut  a  bureau  of  I'onnnerce  in  the  Department  of  La])or,  then  the 
President,  in  v«electing  the  head  of  that  Department,  would  have  reference  to  some 
man  who  was  engaged  particularly  in  labor. 

I  desire  to  read  a  short  extract  from  the  speech  of  the  Senator  from  West  Virginia 
[:\Ir.  Klkins].     llet^aid: 

I  lin(U'rstiui(l  till'  Coni!iiis.si(mor  of  Labor  is  ivs]i(iiisitik'  t(j  nobody  but  the  Prosiilont.  In  tho  multi- 
fiirioiis  dutii's  that  rest  upon  the  shoulders  of  tlie  President  lie  can  not  give  these  Imreaus  any  atten- 
tion whatever,  and  for  this  reason  we  belii've  that  it  is  better  to  put  them  in  the  hands  of  a  responsi- 
ble Cabinet  officer,  notwithstanding  the  elaini  of  the  political  complexion  that  might  attach  to  the 
administration  of  the  Labor  Bureau. 

The  junior  Senator  from  "Wisconsin  said,  speaking  of  this  side  of  the  C|uestion: 

They  propose  that  labor  should  dwell  in  a  tent  on  the  out-side.  We  propose  to  bring  the  labor  inter- 
ests right  liuo  the  mansion  alongside  of  commerce,  alongside  of  capital,  where  they  belong,  that 
they  may  dwell  there  harmoniously  together;  that  the  Labor  Bureau  shall  not  be  an  orphan,  entirely 
discredited  and  unalfiliated. 

Now,  if  you  are  going  to  make  the  Labor  Bureau  something  besides  an  orphan,  it 
ought  not  to  be  subordinated  to  the  Department  of  Commerce — that  is,  if  we  recog- 
nize labor  as  being  of  equal  dignity  to  commerce.  There  is  no  more  reason,  as  I 
said  before,  why  the  Labor  Bureau  should  be  put  in  the  Department  of  Commerce 
than  that  a  bureau  of  commerce  should  be  put  in  the  Department  of  Labor  already 
established,  and  it  seems  to  l^e  the  idea  of  the  Senator  from  Wisconsin  that  the  two 
are  of  equal  dignity.  Yet  he  wants  to  uplift  and  elevate  and  dignify  labor  by  sub- 
ordinating it  to  the  Department  of  Commerce,  or,  rather,  by  subordinating  it  to 
commerce. 

There  is  one  other  suggestion  I  wish  to  make,  and  that  is  in  reference  to  what  was 
said  by  the  Senator  from  West  \'irginia.     I  quote  from  his  language.     He  said: 

I  am  glad  that  the  Senator  from  Mississippi  [Mr.  Money]^  has  taken  into  his  particular  charge  the 
labor  of  the  South.  This  is  a  new  departure.  It  is  gratifying  that  we  find  that  Southern  statesmen 
are  beginning  to  love  and  care  for  laboi'  in,  the  South  as  well  as  in  the  North  and  all  over  the 
country. 

I  can  not  see  that  there  has  been  anything  said  by  anj'  man  from  the  South  that 
would  justify  making  this  a  .sectional  issue.  There  has  been  no  time  in  the  history 
of  this  country  where  any  man  sent  to  this  body  or  the  House  of  Kepresentatives  by 
the  people  of  the  South  has  not  been  a  friend  to  labor.  They  have  not  only  been  a 
friend  to  labor  here,  but  they  have  been  friends  to  labor  everywhere;  labor  first  in 
this  country,  and  afterwards  they  have  taken  the  labor  of  all  the  countries  into  their 
friendship,  but  especially  have  they  l)een  a  friend  to  the  laborer  in  the  United  States. 

Mr.  NEL.SOX.  I  hope  that  we  will  have  a  vote. 

The* Pkesiukxt  pro  tempore.  The  question  is  on  the  amendment  of  the  Senator 
from  Alabama  [^Ir.  Pettus]. 

^Ir.  Picrns.  5lr.  President,  I  desire  to  add  a  few  words  to  what  has.  been  said  in 
reference  to  this  matter. 

It  has  been  a.sserted  by  the  junior  Senator  from  Ohio  [Mr.  Hanna],  and  I  believe 
by  the  senior  Senator  from  West  Virginia  [Mr.  Elkins],  that  the  laboring  men  of 
this  country  did  not  desire  the  Department  of  Labor  to  remain  in  its  present  condi- 
tion; that  they  were  not  opposed  to  this  provision  in  this  bill.  JMr.  President,  I 
have  no  doubt  that  if  this  were  a  question  of  capital,  of  commerce,  of  mines  and 
mining,  or  any  such  cjuestion,  the  opinion  of  these  distinguished  gentlemen  would 
be  entitled  to  all  the  weight  possil)le,  for  those  are  matters  with  which  they  no  doulit 
are  perfectly  familiar;  but  it  seems  to  me  that  the  opinions  of  the  leaders  of  these 
organizations  of  labor  are  really  entitled  to  more  weight  on  a  question  of  their  indi- 
vidual preference  than  are  the  opinions  of  these  two  distinguished  Senators. 


526  LEGISLATIVE    HISTOKY 

Mr.  President,  labor  is  afrai<l  of  ca])ital.  1  do  not  suppose  that  any  Senator  would 
have  the  hardihood  to  say  that  either  of  the  Senators  I  have  named  has  any  fear  of 
capital  whatever.  Tlieir  opinion  on  the  subject  of  capital,  if  it  were  capital  ali)ne, 
would  be  entitled  to  the  utmost  Aveight;  but  as  to  giving  the  opinions  of  laboring 
men,  I  do  not  think  they  are  entitled  to  as  much  weight  as  to  those  who  have  charge 
of  such  organizations. 

The  opinion  of  Mr.  Hayes  has  been  published  in  the  Record,  it  having  been  read 
yesterday.  That  gentleman,  whatever  may  he  his  character  and  distinction  and  con- 
nection with  labor- — and  I  am  ti)ld  his  connection  is  with  one  jiarticular  organization 
alone,  and  that  not  of  the  largest — in  his  own  statement  has  discredited  his  evidence. 

If  any  man  has  met  tlie  al)Solute  approval  of  the  United  States  Senate,  so  far  as  it 
has  been  spoken  here,  it  is  the  distinguished  individual  from  INIassachusetts  who  now 
occupies  the  position  of  Commissioner  of  the  Department  of  Labor.  No  man  in  tliis 
Senate  ha^s  spoken  one  single  word  to  his  discredit.  All  Senators  who  ha\  e  spoken 
on  this  suV)ject  have  given  him  the  utmost  credit  for  his  diligent,  faithful,  and 
untiring  work,  and  have  stated  that  it  has  been  of  great  profit  to  the  country.  Just 
see  what  Mr.  Hayes  says  about  the  Connnissioner  of  Labor.  In  the  first  place,  he 
says  that  the  Department  of  Labor  has  been  a  personal  asset  of  the  Commissioner. 
Then  he  adds: 

It  has  been  of  little  consequence  or  value  to  those  wliom  it  was  organized  to  aifl,  and  more  than 
one-half  of  its  reports  are  false  and  misleading. 

A  man  who  recklessly  makes  such  a  statement  as  that  as  to  the  work  of  so  distin- 
guished an  officer,  who  has  met  the  un(|ualilied  approval  of  the  Senate,  ought  not  to 
be  credited  in  his  statement  on  any  other  subject. 

Mr.  President,  in  offering  this  amendment  I  liad  no  idea  of  jujlitics  in  my  head, 
and  I  am  sorry  that  the  discussion  has  taken  so  broad  a  range  as  it  has.  1  hope  the 
amendment  will  be  adopted  for  the  good  of  the  country,  and  especially  for  the  good 
of  those  who  caused  this  Department  of  Labor  to  )je  organized  in  its  independent 
state.  It  was  once  coimected  w  itli  an  executive  department,  Init  Congress  in  its  wis- 
dom chose  to  remove  it  and  make  it  an  independent  organization,  subject  to  the 
orders  of  the  executive  authority  of  the  President  and  the  rule  of  Congress.  Congress 
passed  on  it  deliberately,  and  it  has  since  l)een  an  independent  organization.  I  tfiink 
if  we  go  no  further  in  estal)lishing  a  real  executive  Department  of  Labor,  that  we 
should  at  least  leave  this  fragment  independent  for  the  benefit  of  those  it  was  espe- 
cially designed  to  aid. 

The  President  pro  tempore.  The  question  is  on  the  amendment  submitted  by  the 
Senator  from  Alabama  [Mr.  Pettus].  [Putting  the  question.]  By  sound  the  "noes" 
have  it.     [A  pause.]     The  "noes"  have  it,  and  the  amendment  is  rejected. 

Mr.  Bacon.  That  amendment  being  rejected,  I  offer  an  amendment,  to  insert  the 
words  "and  Lal)or"  after  the  word  "Connnerce" 

Mr.  Pettus.  Do  I  understand  that  the  vote  just  taken  has  been  taken  as  in  Com- 
mittee of  the  Whole? 

The  President  pro  tempore.   It  has  been. 

Mr.  Pettcs.  And  that  a  vote  l)y  yeas  and  nays  can  lie  had  in  the^Senate  on  this 
question? 

The  President  pro  tempore.  No;  if  the  proposed  amendment  had  been  adopted 
and  the  words  had  been  stricken  out,  then  a  separate  vote  could  have  been  had  in 
the  Senate. 

Mr.  Pettus.  Then,  if  not  too  late,  I  ask  for  a  vote  ])y  yeas  and  nays  on  the  amend- 
ment. 

The  President  pro  tempore.  The  Chair  will  entertain  the  request.  The  Senator 
from  Alabama  asks  that  the  yeas  and  nays  be  ordered  on  the  amendment  offered  l)y 
him. 

The  yeas  and  nays  were  ordered. 

Mr.  Bacon.  Let  the  amendment  be  read. 

Mr.  Bate.  Can  we  not  have  the  amendment  read,  JNIr.  President,  before  voting 
upon  it? 

The  President  pro  tenqiore.  The  amendment  simply  ])roposes  to  strike  from  the 
bill  the  Department  of  Labor. 

Mr.  Bacon.  As  1  understand,  those  who  are  in  favor  of  retaining  the  Department 
of  Lalior  as  an  independent  l:)urean  will  vote  "yea." 

The  President  ])ro  tempore.  They  will. 

The  Secretary  proceeded  to  call  the  roll. 

Mr.  Pritchard  (wlien  his  name  was  called).  1  have  a  general  pair  with  the  Sen- 
ator from  South  Carolina  [iNIr.  IMcLaurin].     1  f  he  were  present,  I  should  vote  "nay." 

The  roll  call  was  concluded. 

Mr.  Hansbkough,  I  have  a  general  pair  with  the  senior  Senator  from  Virginia 


LEdlSLATIVE    HISTORY  527 

[Mr.  Panii'l],  Imt  I  take  tlic  lihcrty  of  Iraiisl'crriiiu  that  pair  to  tlic  senior  Senator 
Inini  ]{)\va  [.Mr.  Allison]  and  will  vofi-  "nay." 

Mr.  Dki'EW  (after  havin<r  votecl  in  the  ne<,'ative).  I  have  a  j,^'nei-al  ])air  with  the 
Senator  from  Louisiana  [Mr.  Mclsnerv].  As  he  is  not  present,  1  witiiiiraw  my 
vote. 

Mr.  M(_L.\i"KiN,  of  .Mississippi.  My  coliea'^ni'  [Mr.  Money]  is  paireil  with  the  Sen- 
ator from  Iowa  [Mr.  Doilivei].      If  pri'sent,  my  coUeaijfne  wonl<l  vote  "yea." 

Mr.  Doi.i.iVEK  (after  iiaviiii,' voted  in  the  iie<j;ative).  I  have  a.pair  with  the  senior 
Senator  from  Mississippi  [.Mr.  Money],  Imt  having  voted,  J  desire  to  withdraw  my 
vote. 

Mr.  B.\TE.  I  desire  to  say  that  my  eolleague  [Mr.  Carmaek]  is  i)aire(l  witli  the 
Senator  from  Wiseonsin  [^Ir.  Spooner].  My  colleague  is  necessarily  absent  this 
infU'niiig. 

The  result  was  announced — yeas  i!>,  nays  US;  as  follows: 

Yeas:  Hacon,  IJate,  Uerry,  lilackhurn;  Clark,  of  Montana;  (-ockrell,  Uuhois,  Gih- 
s<in,  Harris,  Ihnvley,  Heitfeld;  Jones,  of  .Vrkansas;  INIcLaurin,  of  Mississippi;  Mal- 
lory,  ]\lorgan,  I'ettns,  Kawlins,  Taliaferro,  and  Tillman. 

Nays:  Bard,  JSeveridge,  Buridiam,  Burrows,  Burton,  Clay,  Ctdlom,  Deltoe,  Dilling- 
liam,  Fairl)anks,  Forakt'r,  Frvi',  (iallinger,  (iandile,  Hanna,  nansl)rough,  Hoar, 
Kean,  Kittredge,  Lodge,  .AlcComas,  IMcMilhin,  Martin,  Millard,  Mitchell,  Nelson, 
Penrose;  Piatt,  of  Connecticut;  Piatt,  of  New  S'ork;  Proctor,  (juarles,  Quay,  Scott, 
Simmons,  Simon,  Stt'wart,  Vest,  and  Wellington. 

Not  voting:  Aldrich,  Allison,  Bailey,  Carmack,  Clapp;  Clark,  of  Wyoming;  Cnl- 
])erson,  J^aniel,  Depew,  Dietrich,  Doliiver,  Klkins;  Foster,  of  Louisiana;  Foster,  of 
Washington;  Ilale;  Jones,  of  Nevada;  Kearns,  McCund)er,  M(dMiery;  INIcLaurin, 
of  Soutii  Carolina;  Mason,  Money,  Patterson,  IVrkins,  Pritchard,  Spooner,  Teller, 
Turner,  Warren,  and  Wetmore. 

So  the  amendment  of  Mr.  Pettus  was  rejected. 

Mr.  B.\cox.  ^Ir.  Prt-sident 

Mr.  Nel.son.  I  suggest  to  the  Senator  from  Georgia  that  there  is  another  amend- 
ment pending.     Let  us  dispose  of  that  before  jiroceeding  further. 

Mr.  Bacox.   If  it  is  one  that  will  lead  to  no  debate,  I  have  no  objection. 

.Mr.  Nelson.   I  do  not  think  it  will  lead  to  any  debate,  but  I  do  not  know. 

Mr.  Bacox.  T  will  yield  for  that  i)urpose;  but  I  shoidd  like  to  get  my  amendment 
offereil  right  in  connection  with  the  particular  matter  which  has  been  pending,  while 
Senators  who  are  to  vote  upon  it  are  still  present. 

Mr.  Nelson.   Very  well. 

Mr.  B.\con.  I  will  offer  the  amendment,  at  any  rate,  and  if  the  Senator  shall  then 
desire  I  will  consent  that  it  l)e  passeil  over. 

The  President  pro  tempore.  There  is  no  amendment  {lending.  There  was  one 
amendment  printed  and  laid  on  the  table. 

Mr.  Bacon.  If  there  is  no  amendment  ])ending,  I  now  offer  an  amendment,  after 
the  wonls  "Department  of  Commerce,"  in  line  4  of  section  1,  on  page  1,  to  insert 
the  words  "and  Labor,"  and  also — I  havc^  not  had  the  opportunity  or  the  time  to 
look  through  the  entire  bill — wherever  the  words  "Department  of  Commerce"  are 
found  I  ask  that  a  similar  amendment  may  be  made,  so  that  instead  of  "Department 
of  Commerce"  wherever  it  occurs  in  the  bill  it  will  read  "the  Dejiartmeiit  of  Com- 
merce and  Labor. ' ' 

Mr.  Nelson.  I  will  make  one  suggestion  to  the  Senator  from  Georgia,  an<I  I  think 
that  -will  ))e  better  still.  This  bill  was  entitled  originally  "A  bill  to  establish  a 
Dejiartment  of  Connnerce  and  Industry."  I  think  it  wouhl  be  well  to  make  the 
title  "the  Department  of  Commerce,  Industry,  and  Labor."  Will  the  Senator 
accept  such  an  amendment? 

]\Ir.  Gallinoeh.  That  titles  is  too  long. 

Mr.  B.vcoN.  I  have  no  objection  in  the  world  to  it,  if  it  is  not  thought  to  be  too 
cunil)ersome. 

Mr.  Gallingeu.  It  is  very  cund)ersome. 

I\lr.  Lodge.   Undoubtedly. 

IVlr.  Nelson.  I  liave  no  objection  to  the  amendment  of  the  Senator  from  Georgia. 
I  simply  proposed  the  other  as  a  suggestion  to  him. 

.Mr.  Hale.  I  hope  the  Senator  from  Minnesota  will  not  agree  to  add  another  word 
to  the  title.  Our  invariable  jiractice  has  been  to  have  a  single  descriptive  word. 
Kach  head  of  a  department  is  the  secretary  of  the  department  of  that  single  name. 
We  have  not  gone  into  the  cund)rous  fashion  that  other  ]>eoi>le  have  in  creating  their 
departments.  I  hope  the  Senator  in  charge  of  the  bill  will  modify  it  l>y  adding  the 
words  "and  Labor,"  so  as  to  make  it  the  Department  of  Connnerce  and  Labor;  that 
he  will  not  go  further  and  encundjcr  it  by  adding  "Industry." 


528  LEGISLATIVE    HISTOEY 

*Mr.  Nelson.  I  will  say  to  the  Senator  from  Maine  and  the  Senator  from  Georgia 
that  I  will  agree  to  that,  and  will  consent  that  these  amendments  be  put  into  the 
bill. 

Mr.  Hale.  While  I  am  on  the  floor,  Mr.  President,  I  wish  to  withdraw  the  amend- 
ment I  offered  the  other  day,  including  the  Interstate  Commerce  Commission  and 
making  it  a  part  of  this  new  Dejmrtment. 

Mr.  B.xcoN.  If  the  Senator  will  pardon  me  a  moment,  do  I  understand  that  the 
amendments  offered  by  me  have  been  agreed  to? 

The  President  pro  tempore.  They  have  not  been. 

Mr.  B.\coN.  I  think  they  should  be  first  agreed  to. 

Mr.  Gallinger.  They  should  l)e  agreed  to.     There  is  no  ol)jection  to  them. 

Mr.  Hale.  I  tiiought  they  had  been  agreed  to. 

Mr.  Bacon.  The  Senator  from  Minnesota  [Mr.  Nelson]  consented  to  them,  Imt 
they  have  never  been  announced  from  the  Chair  as  having  been  agreed  to. 

The  President  pro  tempore.  Will  the  Senator  from  Maine  allow  the  Chair  to  i)ut 
the  question? 

Mr.  Hale.  Certainly. 

The  President  pro  tempore.  The  question  is  on  the  amendments  offered  by  the 
Senator  from  Georgia  []Mr.  Bacon],  inserting  in  the  bill  after  the  words  "Department 
of  Commerce,"  wherever  they  occur,  the  words  "and  Labor." 

The  amendments  were  agreed  to. 

Mr.  Hale.  When,  the  other  day,  I  offered  the  amendment  to  which  I  have  referred, 
several  Senators  very  earnestly  indicated  their  acceptance  of  it  and  desired  to  vote 
for  it;  but  I  was  very  much  impressed  by  tlie  suggestions  which  came  in  answer  to  a 
question  by  the  Senator  from  Connecticut  [Mr.  Piatt]  as  to  what  would  be  the  effect 
if  the  Interstate  Commerce  Commission  were  put  into  this  new  Department  as  a 
bureau,  as  I  proposed.  The  answer  was  that  it  would  probably  destroy  its  usefulness. 
I  should  not  want  to  do  that;  and,  reflecting  upon  the  matter  since  then,  I  think 
it  would  be  unsafe  to  disturb  that  Commission. 

I  do  not  recognize  the  Commission  as  a  judicial  tribunal  with  the  right  to  promul- 
gate decisions  as  a  court,  and  I  have  so  said;  but  it  deals  undoubtedh' with  com- 
merce, the  interstate  commerce  of  the  country,  and  in  a  way  its  acts  are  cognate  to 
the  ])urposes  of  this  bill.  I  should  not,  however,  want  to  l)e  a  party  to  anything 
that  would  impair  its  real  efficiency,  because  it  is  undoubtedly  doing  some  good. 
Eather  than  incur  the  risk  of  doing  that,  Mr.  President,  1  withdraw  the  amendment 
which  I  proposed. 

]Mr.  CuLLOM.  Mr.  President 

The  President  pro  tempore.  Does  the  Senator  from  Maine  yield  to  the  Senator 
from  Illinois? 

Mr.  Hale.  Certainly. 

]\Ir.  CuLLOM.  I  simply  want  to  say  that  I  expected  to  take  part  in  this  discussion 
if  the  amendment  remained  in  the  bill  or  if  the  Interstate  Commerce  Commission 
was  attempted  to  l)e  put  upon  the  bill,  as  I  feel  very  sure  that  it  would  practically 
destroy  the  usefulness  of  the  Commission. 

I  want  to  say  to  the  Senator  that  it  was  placed  in  connection  with  the  Interior 
Department  when  the  bill  creating  it  became  a  law,  but  it  was  found  l)y  tlie  Secre- 
tary of  the  Interior,  as  well  as  by  the  Connnission  and  some  of  us  in  Congress,  that 
it  worked  very  ))a(lly.  Judge  Cooley,  who  was  then  chairman  of  the  Commission, 
and  the  Secretary  of  the  Interior  agreed  that  the  Commission  should  not  remain  in 
that  Department,  and  it  was  taken  out  so  as  to  give  the  Commissi(jii  o])pnrtunity  to 
exercise  the  functions  placed  in  its  hands  without  the  embarrassment  of  the  Interior 
Department  as  a  political  organization. 

The  Commission  has  been  run  upon  the  theory,  and  I  think  in  fact,  of  being  a 
nonpartisan  body.  AVhile  it  is  not  a  judii-ial  body  in  a  technical  sense,  it  is  perform- 
ing in  a  way  judicial  acts;  that  is  to  say,  it  passes  upon  and  determines  questions, 
subject,  of  course,  to  the  decisions  of  the  courts,  if  the  parties  involved  see  proper  to 
take  an  appeal.  As  one  of  the  Supreme  Court  judges  said,  the  Commission  is  a  sort 
of  a  referee  of  the  circuit  courts  of  the  United  States.  But  I  do  not  care  to  take  up 
the  time  of  the  Senate  on  this  subject,  as  the  Senator  from  INIaine  has  withdrawn  the 
amendment. 

Mr.  Hale.  It  was  such  considerations  as  have  been  stated  which  have  induced  me 
to  withdraw  the  amendment.  I  hope  I  shall  never  be  in  ai-ondition  where,  if  I  find 
I  am  wrong  in  anything  I  have  jn-ojiosed,  I  am  not  willing  to  recede.  I  think  I  was 
wrong  in  offering  the  amendment,  and  I  withdraw  it. 

i\Ir.  CuLLo:\i.  The  Senator  is  always  desirous  of  doing  right. 

I  wisli  to  add  a  further  word  while  I  am  ui)on  the  floor.  I  am  verj^  anxious  that 
this  bill  shall  pass  and  that  the  Department  of  Commerce  shall  be  created.     I  think 


LEGISLATIVE    HISTORY  529 

it  oufrht  to  have  been  done  earlier,  but  if  it  is  done  now  I  think  it  will  be  a  very 
important  thing  for  the  eonimeroe  of  the  nation. 

Mr.  LoixiK.  I  should  like  to  ask  if  the  aini'iidnient  on  papje  5,  line  17,  striking  out 
the  words  "upon  the  re(juest  of  the  Secretary  of  Commerce"  has  been  adopted? 

Mr.  Nelson.  The  Senator's  amenilments  were  all  adopted. 

The  President  pro  tempore.  The  amendment  referred  to  by  the  Senator  from 
INIassacliusetts  was  adopted. 

Mr.  ]j(M)(iE.  I  wish  to  suggest  a  further  verbal  amendment.  In  line  23,  on  page  5, 
stH'titin  5,  after  the  M'ord  "compiled,"  I  move  to  insert  "such  reports  to  be  trans- 
mitted through  the  State  Department." 

Mr.  Nelson.  There  is  no  objection  to  that  amendment. 

The  Pkesident  pro  tempore.  The  question  is  on  the  amendment  offered  by  the 
Senator  from  INIassachusetts  [Mr.  Lodge]. 

The  amendment  was  agreed  to. 

The  bill  was  reported  to  the  Senate  as  amended. 

Mr.  Vest.  I  simply  want  to  make  a  parliamentary  inquiry.  I  understand  now 
that  the  status  of  this  bill  is  that  the  Patent  Office,  the  Coast  and  Geodetic  Survey, 
and  the  Census  Bureau  are  all  taken  out  of  it. 

The  President  pro  tempore.  By  votes  of  tlie  Senate;  that  is  true. 

Mr.  Ve.st.  Are  those  all  the  bureaus  that  have  been  taken  out  of  the  bill? 

Mr.  Nelson.  I  think  those  are  all — the  Census  Bureau,  the  Patent  Office,  and  the 
Coast  and  (leodetic  Survey. 

Mr.  Vest.  Then,  what  are  the  bureaus  which  are  left  in  the  bill?  Has  the  Geo- 
logical Survey  been  taken  out? 

Mr.  Nelson.  Yes. 

INIr.  Vest.  That  makes  four  bureaus  which  have  been  taken  out. 

^Ir.  Nelson.  Yes — the  Patent  Office,  the  Coast  and  Geodetic  Survey,  the  Census 
Office,  and  the  Geological  Survey. 

Mr.  Vest.  Now,  how  many  bureaus  are  left  in  the  bill? 

Mr.  Nelson.  There  are  a  gi'eat  many  left  in  the  bill.  There  is  the  Life-Saving 
Service — Does  the  Senator  want  me  to  call  his  attention  to  them?  I  can  not  give 
them  all  from  memory,  but  I  will  read  them  if  the  Senator  desires. 

3Ir.  Vest.  That  will  be  satisfactory. 

Mr.  Nelson.  The  bureaus  left  in  the  bill  are  the  Life-Saving  Service,  the  Light- 
Hou.se  Board,  the  Light-House  Service,  the  ]\Iarine-Hospital  Service,  the  Steamboat- 
Inspection  Service,  the  Bureau  of  Navigation,  the  United  States  Shipping  Com- 
missioners, the  Bureau  of  Immigration,  the  Bureau  of  Statistics  of  the  Treasury 
Department,  Bureau  of  Foreign  Commerce  in  the  State  Department,  and  the  Labor 
Department. 

Mr.  Bacon.  And  the  Fish  Commission  also? 

Mr.  Nelson.  Yes;  the  Fish  Commission. 

Mr.  Ve.st.  The  Senator  from  Wisconsin  [Mr.  Quarles]  heretofore  gave  notice  that 
he  would  move  a  reconsideration  of 'the  vote  by  which  the  Census  Office  was  stricken 
out  of  the  bill  or  that  he  would  call  for  a  separate  vote  in  the  Senate  upon  that 
amendment. 

The  President  pro  tempore.     That  is  correct. 

^Nlr.  Quarles.  Mr.  President,  instead  of  prolonging  the  debate  I  i>ropose  to  ask  for 
a  separate  vote  in  the  Senate  upon  the  adoption  of  the  amendment  by  which  the 
Census  Bureau  was  stricken  out  of  this  bill. 

Mr.  Vest.  I  so  understood. 

Mr.  Quarles.  That  will  answer  the  Senator's  inquiry.  The  amendment  has 
already  been  sufficiently  debated,  I  think. 

The  President  pro  tempore.  Tlie  question  is  on  concurring  in  the  amendments 
made  as  in  Committee  of  the  Whole.  Is  there  any  request  for  a  separate  vote  on 
any  amendment  other  than  that  relating  to  the  Census  Office?  The  Chair  hears 
none.  The  <iuestion  is,  Will  the  Senate  concur  in  gross  in  the  other  amendments 
made  as  in  Committee  of  the  Whole?  In  the  absence  of  objection,  they  are  con- 
curred in.  The  question  now  before  the  Senate  is  on  concurring  in  the  amendment 
adopted  as  in  Committee  of  the  Whole  striking  out  the  Census  Office  from  the  bill. 

Mr.  Quarles.  Upon  that  proposition  I  ask  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered,  and  the  Secretary  proceeded  to  call  the  roll. 

^Ir.  Clay  (when  his  name  was  called).  I  understand  the  question  is  on  concurring 
in  the  amendment  to  strike  out  the  Census  Bureau  from  this  bill. 

The  President  pro  tempore.     That  is  the  motion. 

Mr.  Clay.  I  am  against  striking  it  out,  and  1  vote  "nay." 

27628—04 34 


530  LEGISLATIVE    HISTOEY 

The  roll  call  having  been  concluded,  the  result  was  announced — yeas  5,  nays  52; 
as  follows: 

Yeas:  Bate,  Cockrell;  McLaurin,  of  Mississippi;  Pettus,  and  Quay. 

Nays:  Aldrich,  Bacon,  Bard,  Blackburn,  Burnham,  Burrows,  Burton,  Clay,  Cullom, 
Deboe,  Dietrich,  Dillingham,  Dubois,  Fairbanks,  Foraker,  Frye,  Gallinger,  Gamble, 
Gibson,  Hanna,  Hansbrough,  Hawley,  Heitfeld,  Hoar;  Jones,  of  Arkansas;  Kean, 
Kittredge,  Lodge,  McComas,  McMillan,  Mallory,  Martin,  Mitchell,  Nelson,  Penrose, 
Perkins;  Piatt,  of  Connecticut;  Piatt,  of  New  York;  Pritchard,  Proctor,  Quarles, 
Rawlins,  Scott,  Simmons,  Simon,  Stewart,  Taliaferro,  Teller,  Tillman,  Vest,  Welling- 
ton, and  Wetmore. 

Not  voting:  Allison,  Bailey,  Berry,  Beveridge,  Carmack,  Clapp;  Clark,  of  Montana; 
Clark,  of  Wyoming;  Culberson,  Daniel,  Depew,  Dolliver,  Elkins;  Foster,  of  Louisiana; 
Foster,  of  Washington;  Hale,  Harris;  Jones,  of  Nevada;  Kearns,  McCumber,  McEnery; 
McLaurin,  of  South  Carolina;  Mason,  Millard,  Money,  Morgan,  Patterson,  Spooner, 
Turner,  and  Warren. 

So  the  amendment  was  rejected. 

The  bill  was  ordered  to  be  engrossed  for  a  third  reading,  read  the  third  time,  and 
passed. 

The  title  was  amended  so  as  to  read  "A  bill  to  establish  the  Department  of  Com- 
merce and  Labor. ' ' 


Part  II 

PROCEEDINGS  IN  THE  HOUSE  OF  REPRESENTATIVES 

The  act  was  received  in  the  House  and  referred  to  the  Committee  on 
Interstate  and  Foreign  (^oinmerce  on  Janiuir}'  30, 1902.  On  January  6, 
l!t')3,  ]Mr.  ]Mann,  from  the  above  coniniitteo,  submitted  the  following 
report: 

HOUSE  REPORT 

The  Committee  on  Interstate  and  Foreign  Commerce,  to  whom  was 
referred  the  1)111  (S.  569)  to  create  a  new  executive  department  of  the 
(lovernmont,  to  be  known  as  the  Department  of  Commerce  and  Labor, 
having  had  the  same  under  consideration,  })cg  leave  to  make  the  fol- 
lowing report  and  recommendation: 

The  only  provisions  in  the  Constitution  in  regard  to  Executive 
Departments  of  the  Government  are  found  in  section  2  of  article  2, 
wherein  it  is  provided  that  the  President  "may  require  the  opinion, 
in  writing,  of  the  principal  officer  in  each  of  the  Executive  Depart- 
ments upon  any  subject  relating  to  the  duties  of  their  respective 
offices;"  and,  again,  that  "Congress  may  by  law  vest  the  appointment 
of  such  inferior  officers  as  they  think  proper  in  the  President  alone, 
in  the  courts  of  law,  or  in  the  head^^  of  departments." 

Just  what  constitutes  an  "executive  department"  or  the  "head  of 
a  department"  has  not  l)een  fully  determined.  It  is  quite  certain, 
however,  that  the  head  of  such  department  shall  not  necessarily  be 
called  into  the  President's  Cabinet  in  order  to  constitute  the  depart- 
ment an  executive  department  within  the  meaning  of  the  Constitution. 

The  President's  Cabinet  is  extraconstitutional.  It  is  not  provided 
for  by  law,  but  exists  voluntaril}^  and  by  force  of  custom.  It  has 
become  th(>  custom,  however,  that  when  a  department  is  created  and 
the  head  thereof  is  denominated  "secretary"  or  "general"  to  con- 
sider him  as  a  Cabinet  officer.  There  is,  of  course,  nothing  to  prevent 
the  President  from  requesting  the  head  of  any  other  department  to 
attend  the  m(»etings  of  wliat  is  called  the  Cabinet.  But  the  force  of 
custom  as  it  now  exists  is  very  strong.  No  departure  from  it  is  likely 
to  soon  occur. 

The  meetings  of  the  Ca))inet  necessarily  exercise  a  tremendous  influ- 
ence upon  the  policies  of  the  Executive.  A  department  which  is  rep- 
resented in  the  Cabinet  is  thereby  given  a  great  advantage. 

The  creation  of  a  new  executive  department,  the  head  of  whicli 
shall  be  a  member  of  the  Cabinet,  is  no  light  matter.  Oidy  two  addi- 
tions to  the  Cabinet  have  l)een  created  by  Congress  in  over  a  century. 
The  Departments  of  State,  War,  Treasury,  and  Navy,  and  the  Attorney- 
General  and  Postmaster-(ieneral  were  established  during  the  eighteenth 
century  and  during  the  first  ten  years  of  the  existence  of  our  Govern- 
ment under  the  present  Constitution. 

531 


532  LEGISLATIVE    HISTORY 

EXISTING    EXECUTIVE    DEPARTMENTS 

The  State  Department  was  the  first  executive  department  created 
and  was  established  under  the  title  of  the  Department  of  Foreign 
Affairs  by  act  of  Jul}^  27,  178*J,  the  title  of  the  Department  being 
changed  to  Department  of  State  by  act  of  September  15,  1789. 

The  Department  of  War  was  created  l)y  act  of  August  7,  1789. 

The  Department  of  the  Treasury  was  created  by  act  of  September  2, 
1789. 

A  salary  for  the  Attorney-General  of  the  United  States  was  pro- 
vided for  in  the  act  of  September  23, 1789,  and  the  office  of  Attorney- 
General  was  created  in  the  last  section  of  the  act  of  September  24, 
1789.  The  Attorney-General  has  always  been  one  of  the  President's 
family  of  advisers  known  as  a  Cabinet  oflicer,  although  his  oflice  was 
not  in  terms  referred  to  as  an  executive  office  until  the  act  of  June  22, 
1870,  establishing  the  Department  of  Justice. 

A  temporary  Postmaster-General  was  provided  for  by  the  act  of 
September  22,  1789,  and  by  the  act  of  May  8,  1794,  a  general  post- 
office  was  established  at  the  seat  of  the  Government  with  a  Postmaster- 
General  in  charge.  The  Postmaster-General  became  undoubtedly  the 
head  of  one  of  the  Executive  Departments  of  the  Government,  but  the 
law  did  not  in  terms  so  refer  to  him  until  the  act  of  June  8,  1872, 
establishing  an  executive  department  to  be  known  as  the  Post  Oflice 
Depa7'tment. 

The  Department  of  the  Navy  was  created  by  act  of  April  30,  1798. 

The  six  departments  referred  to  above  were  all  established  practically 
at  the  commencement  of  the  Government  under  the  Constitution. 

There  have  been  man}^  requestjsi  for  the  creation  of  new  Executive 
Departments  of  the  Government  in  behalf  of  various  interests  since 
that  time,  but  Congress  has  been  very  conservative  about  granting 
such  requests. 

By  the  act  of  March  3,  1849,  the  Department  of  the  Interior  was 
established,  but  the  name  given  to  it  in  the  title  of  the  original  act  was 
a  "  Home  Department."  The  Department  of  the  Interior  was  intended 
as  a  "home"'''  Department.  It  was  to  have  charge  of  those  internal 
affairs  which  needed  representation  in  the  President's  Cabinet.  The 
Interior  Department  is  one  of  the  greatest  Departments  of  the  Gov- 
ernment in  extent  of  its  varied  interests  and  the  number  of  its  em- 
ployees. Many  of  its  different  bureaus  or  branches,  however,  have  no 
connection  or  relationship  to  each  other,  and  it  is  not  a  homogeneous 
Department. 

The  Department  of  Agriculture  was  established  by  act  of  May  15, 
1862,  and  placed  in  charge  of  a  Commissioner  of  Agriculture,  who  was 
not,  however,  considered  as  a  Cabinet  otticer. 

By  act  of  February  9,  1889,  it  was  provided  that  the  Department  of 
Agriculture  should  have  a  Secretar^^  of  Agriculture  at  its  head,  and 
the  Secretary  of  Agriculture  is  considered  a  member  of  the  Cabinet. 

The  Commissioner  of  Agriculture,  within  the  meaning  of  the  Con- 
stitution, was  as  much  the  head  of  a  department  as  the  Secretarj^  of 
Agriculture.  He  might  as  readily  have  been  called  to  attend  the 
meetings  of  the  Cabinet;  but  it  never  has  been  the  policy  of  the  Presi- 
dent to  unduly  extend  the  size  of  his  Cabinet.  To  add  greatly  to  its 
num])ers  would  destro}^  its  efficiency.  It  never  has  been  the  policy, 
therefore,  of  Congress  to  easily  create  a  new  head  of  an  executi\  ^^ 


LEGISLATIVE   HISTORY  533 

dopartment  wlu),  under  the  custom,  would  be  entitled  to  the  courtesy 
of  :i  seat  in  th(>  Cabinet. 

KECLA8SIF1CATION    OF   ATTACHED    BUREAUS 

The  desire  to  restrict  the  number  of  Executive  Departments  repre- 
sented in  the  President's  Cabinet  has  caused  Congress  to  place  in 
vai"i()us  existino-  departments  many  subjects  not  at  all  related  to  the 
original  })ini)ose  of  the  department.  For  instance,  under  the  Depart- 
miMit  of  the  Treasury  we  have  the  office  of  Supervising  Archit(>ct,  the 
Bureau  of  Statistics,  the  Life-Saving  Service,  the  Office  of  Steaml)oat 
Inspection,  the  Light-House  Board,  the  Coast  and  Geodetic  Survey, 
the  National  Bureau  of  Standards,  and  the  United  States  Health  Service. 

Untler  the  Department  of  War  we  have  the  improvement  of  rivers 
and  harbors  as  aids  to  navigation. 

Under  the  Department  of  the  Navy  we  have  the  Hydrographic  Office, 
the  Naval  Observatory,  the  Director  of  the  Nautical  Almanac. 

While  outside  of  any  of  the  principal  Executive  Departments  we 
have  tiie  Interstate  Commerce  Commission,  the  DepartnuMit  of  Labor, 
the  Civil  Service  Commission,  the  Commissioner  of  Fish  and  Fisheries, 
and  the  Smithsonian  Institution,  including  under  its  control  such 
scientitic  divisions  as  the  National  Museum,  the  Bureau  of  American 
Ethnology,  the  National  Zoological  Park,  and  the  Astrophysical 
Observatory. 

It  is  quite  apparent  from  a  casual  examination  that  a  proper 
rearrangement  of  the  various  divisions  and  branches  of  the  Govern- 
ment service  might  in  some  cases  be  of  considerable  benefit.  It  is 
also  apparent  that  those  things  which  grow  can  never  have  the  same 
degree  of  uniformity  and  regularity  as  do  those  things  which  are  made 
to  order. 

The  study  which  your  committee  has  made  of  this  subject,  however, 
convinces  us  that  a  rearrangement  and  reclassification  of  the  difl'erent 
bureaus  and  divisions  of  the  public  service  devoted  to  scientific  pursuit 
might  w«?ll  be  made  with  great  resulting  benefit. 

The  original  six  Executive  Departments  were  each  created  because 
of  a  necessit}'  and  propriety  which  was  apparent.  The  Interior 
Department  was  created  because  at  the  time  it  seemed  very  desirable 
to  relieve,  somc^  of  the  other  departments  of  what  were  to  them 
excrescences,  and  also  create  an  official  adviser  to  the  President  who 
would  give  particular  attention  to  the  growth  and  development  of  our 
country  internally. 

The  Department  of  Agriculture  was  established  from  a  sense  of 
eminent  fitness,  and  its  work  has  more  than  justified  the  most  ardent 
prophecies  of  those  who  urged  its  creation. 

Tlie  same  ma^'  be  said  of  all  the  scientific  divisions  in  the  different 
departments.  The  Weather  Bureau,  for  instance,  is  the  foremost 
meteorological  institution  in  the  world.  The  Geological  Survey  is  not 
equaled  in  any  other  country.  The  Coast  and  Geodetic  Survev  is  the 
envy  of  all  other  nations.  The  Naval  Observatory  and  the  Nautical 
Almanac  direct  the  course  of  the  shipping  of  the  world.  E(iual  praise 
might  well  be  given  to  many  other  scientific  branches  of  the  Govern- 
ment. 

It  is  very  evident,  however,  that  some  of  the  statistical  or  other 
scientific  bureaus  of  the  Government  have  no  special  comiection  with 
the  general  jnirpose  of  the  departments  in  which  they  happen  to  be 
respectively  located. 


534 


LEGISLATIVE    HISTOEY 


REASONS   FOR   NEW    DEPARTMENT 

Having  in  view  the  conservatism  of  Congress  in  regard  to  creating 
new  seats  in  the  Cabinet,  3^our  committee  has  carefull}'  examined  the 
proposition  to  create  a  new  Department  of  Commerce  and  Labor.  We 
have  had  called  to  our  attention  the  fact  that  interested  and  public- 
spirited  persons  are  now  urging  Congress  to  establish  several  new 
Cabinet  positions  by  creating  various  new  departments,  such  as  the 
Department  of  Commerce,  the  Department  of  Labor,  the  Department 
of  Mines  and  Mining,  the  Department  of  Education,  etc.  It  is  evi- 
dent that  not  more  than  one  new  department  of  the  Government  is 
likely  to  be  created  at  this  time  in  view  of  our  past  policy,  but  it  has 
seemed  to  your  committee  that  the  enormous  interests  in  our  countr}' 
not  engaged  in  agriculture,  but  now  engaged  in  trade  and  transporta- 
tion, in  manufacturing  and  mechanical  pursuits,  might  well  have 
gathered  together  into  one  new  executive  department  of  the  Govern- 
ment those  branches  of  the  public  service  clearly  related  to  their  inter- 
ests and  which  could  easily  be  detached  from  the  departments  in  which 
they  now  are.  We  think  also  that  the  Government  might  well  give 
special  consideration  to  the  home  industries  of  our  country  by  giving 
them  direct  representation  in  the  Cabinet  as  well  as  by  the  creation  of 
some  new  bureaus  devoted  to  their  interests. 

INDUSTRIAL   GROWTH 

The  growth  of  business  and  laboring  interests  of  our  country  in 
recent  3^ears  has  been  enormous,  as  shown  by  the  following  table: 


1870. 

1880. 

1890. 

1900. 

Persons  engaged  in- 
Trade  and  transportation 

1,229,399 
2, 679, 278 

1,866,481 
3,784,726 

3,326,122 
5, 678, 468 

4, 778, 233 

7, 112, 987 

Total 

3, 908, 677 

6,651,207 

9,004,590 

11,891,220 

The  following  table  shows  the  growth  of  various  industries  of  the 
United  States  from  1860  to  1900: 

Internal  industries 


Manufactures: 

Number  of  establishments 

Averani  ■  1 1  umber  of  employees  and  salaried  officials 

Wages  and  salaries .' 

Value  of  products 

Railways: 

Miles  in  operation 

Number  of  passengers  carried 

Tons  of  freight  carried 

American  vessels: 

In  domestic  trade tons.. 

On  the  Great  Lakes do 

Postal  growth: 

Number  of  post-offices 

Receipts  (if  Post-Office  Department 

Telegraph  messages 


1 

81,885 


140,433 
311,246 
878, 966 
861, 676 

30, 626 


,  807, 631 
467, 774 


28, 498 
,518,067 


355, 415 

4,712,622 

, 283, 216, 529 

,372,437,283 

166, 654 
492, 430, 865 
636,511,617 

3, 477, 802 
1,063,063 

62, 401 

f 60, 882, 097 

55,878,762 


1900. 


512, 339 

5, 713, 976 

S2, 7:52,921,528 

S13, 014, 287, 498 

194, 321 

576, 865, 230 

1,101,680,238 

4,338,145 
1,665,587 

76, 688 

S102, 354, 579 

63, 167, 783 


LEGISLATIVE  HISTOKY 

Internal  industries — Continued. 


535 


I860. 


1900. 


Production  compared: 

Gold 

Silver 

("oiil tons. . 

Petroleum gallons.. 

Pig  iron tons. . 

Steel do 

Copper do 

Wool pounds. . 

Wheat bushels. . 

Corn do 

Cotton bales. . 

Sugar tons. . 

Tin  plates pounds.. 

Vessels    passing    through   Sault  Ste.  Marie   Canal, 
tonnage  


S-l(>,  000, 000 

SI. 'SO,  000 

l,H,f.l3, 1'JS 

21,(XK),000 

X21,223 


7,200 

60,264,913 

173,101,92-1 

838, 792, 7-40 

4,861,292 

190, 040 


403, 657 


S32, 845, 000 

S70.4S5,714 

140,X66,93] 

1,924,5.52,224 

9, 202, 703 

4,277,071 

115,966 

276, 000, 000 

399, 262, 000 

1,489,970,000 

7,311,322 

136,  .503 

a  13, 646,  719 

8, 454, 435 


S79,171,000 

874,535,495 

210,965,917 

,  6t;i,233,.568 

i3,7sy,242 

10,  ]S.S,329 

270,  .588 

2S,S,(;36,621 

522,  229,  .505 

,  105, 102,  516 

9, 436, 416 

149,229 

677, 969, 600 

22, 315, 834 


n  For  1892. 


GROWTH    OF    FOREIGN    COMMERCE 


The  following  table  shows  the  g-rowth  of  foreign  commerce  of  the 
United  States  from  18(30  to  1900: 


I860. 


1890. 


1900. 


Merehandi.se: 

Imports 

Exports 

Gold  and  silver: 

Imports 

E.xports 

Manufactures  of  iron  and  steel: 

Imports 

Exports 

Cotton: 

Imports  of  raw  cotton pounds.. 

Exports  of  domestic  cotton do 

Receipts  from  customs 


$353, 616, 119 
8333, 576,-057 

88,550,135 
866, 546, 239 

821,526,594 
85, 703, 024 

2,005,529 

1,767,686,338 

853, 187, 612 


8789, 310, 409 
8857, 828, 684 

S33, 976, 326 
852, 148, 420 

$41,679,591 
$25, 542, 208 

8, 606, 049 

2,471,799,853 

8229, 668, 585 


$849, 941, 184 
$1,394,483,082 

$79, 829, 486 
8104,979,034 

$20, 478, 728 
$121,913,548 

67, 398, 521 
3, 100, 583, 188 
8233, 164, 871 


FURTHER   COMPARISONS 


We  hav^e  hardly  thought  it  fair  to  make  a  comparison  of  the  present 
with  a  century  ago,  but  a  comparison  of  the  present  with  a  period 
immediately  preceding  the  civil  war  has  seemed  apt  and  proper. 

The  population  of  our  country  in  1860  was  31,443,321;  in  1900, 
84,233,069;  the  population  at  the  present  time  is  estimated  at 
87,233,000. 

The  true  valuation  of  the  real  and  personal  property  of  the  country 
constituting  its  wealth,  was,  in  1860,  $16,159,616,000,  and  in  1900 
$94,300,000,000. 

The  total  number  of  depositors  in  savings  banks  in  1860  was  693,870; 
in  1900,  6,107,083.  We  have  no  record  of  the  total  deposits  in  banks 
in  1860,  but  in  1880  they  amounted  to  $2,306,000,000;  in  1890, 
$3,998,000,000,  and  in  1900  to  $7,464,000,000. 

The  numl)er  of  farms  in  1860  was  2,044,077;  in  1890,  4,564,641,  and 
in  1900,  5,739,657. 

The  total  value  of  farm  animals  was,  in  1860,  $1,089,329,915,  and  in 
1900,  $2,981,722,945. 

The  total  value  of  farm  products  was,  in  1870,  $1,958,030,927,  and 
in  1900,  $3,764,177,706. 


536  LEGISLATIVE    HISTOKY 

Our  exports  of  domestic  cotton  in  1860  amounted  to  1,767,686,338 
pounds,  but  after  the  abolition  of  slave  labor  the  amount  of  export 
cotton  fell,  in  1870,  to  958,358,523  pounds. 

For  the  fiscal  ,year  of  1902  our  exports  of  domestic  cotton  amounted 
to  3,500,778,763  pounds. 

The  above  figures  exhibit  an  unparalleled  industrial  and  commercial 
growth. 

But  there  remains  much  to  be  done  in  the  future.  The  industrial 
development  of  our  countr}^  is  far  from  having  reached  maturity. 
For  instance,  last  year  we  exported  3,500,000,000  pounds  of  cotton. 
Much,  if  not  most,  of  this  ought  to  have  been  manufactured  in  mills 
in  our  own  country  into  cotton  goods  before  shipment  abroad. 

SIMILAR   DEPARTMENTS   IN    OTHER    COUNTRIES 

In  the  peaceful  but  fierce  struggle  for  supremacy  in  the  markets  of 
the  world  our  people  ought  not  to  be  handicapped  by  reason  of  having 
no  one  to  specially  speak  for  their  interests  among  the  advisers  of  the 
President.  Other  countries  have  cabinet  officers  especially  devoted  to 
industries  and  commerce.  The  United  States  is  almost  the  onl}^  one 
of  the  leading  nations  which  fails  to  have  an  executive  department  to 
promote  the  interests  of  commerce  and  industry. 

England  has  her  board  of  trade,  whose  president  is  a  cabinet  oflicer, 
and  her  supremacy  in  the  world's  commerce  is  largely  owing  to  the 
influence  of  her  board  of  trade. 

German}^  has  a  minister  of  commerce. 

France  has  a  minister  of  commerce. 

Belgium  has  a  minister  of  industry  and  labor. 

Austria  has  a  minister  of  commerce  and  national  economy. 

Hungar}^  has  a  minister  of  industr}^  and  commerce. 

Russia  has  a  special  imperial  cabinet  of  four  sections,  one  of  which 
is  devoted  to  agriculture  and  manufacture. 

The  Netherlands  has  a  minister  of  public  works  and  commerce. 

Spain  has  a  minister  of  agriculture  and  commerce  and  public  works. 

Portugal  has  a  minister  of  public  works,  industr}',  and  commerce. 

Switzerland  has  a  minister  of  agriculture  and  industry. 

Italy  has  a  minister  of  industry  and  commerce. 

Persia  has  a  minister  of  commerce. 

Most  of  the  Spanish -American  countries  have  cabinet  officials  whose 
functions  are  distinctly  commercial  in  character. 

EFFECT   OF   NEW    DEPARTMENT 

Our  people  should  be  given  every  facility  in  their  efforts  to  extend 
their  influence  in  the  markets  of  the  world.  Our  people  at  home 
should  also  have  the  benefits  which  may  come  from  the  application  of 
scientific  investigation  and  scientific  principles  in  the  manufacture  and 
transportation  of  the  commodities  which  they  use. 

It  is  very  evident  to  all  that  the  General  Government  must,  in  some 
way  and  manner,  enter  upon  the  regulation  of  the  modern  corporation 
which,  with  immense  capital,  seeks  absolute  control  of  the  markets  for 
its  own  commodities. 

Such  regulation,  if  wise,  will  benefit  and  not  injure  the  manufactur- 
ing and  transportation  industries;  but  if  the  attempt  to  regulate  be 


LEGISLATIVE    HISTORY  537 

made  without  duo  caution  and  be  carried  on  with  l)itternoss  and  with-  ^ 
out  wisdom,  it  may  causi^  a  far  j^rcater  injury  to  our  |)(M)pU'  and  the 
industries  of  our  country  than  tlie  evil  which  wc  seek  to  combat. 

The  Homo  or  Interior  I)e})artmtMit  was  created  in  LS4l»,  KoUowing 
its  creation  came  the  homestead  and  some  other  land  hiws  which  hav'e 
done  so  nuich  toward  the  rapid  ui)l)uildin»''  of  the  Far  West. 

Within  its  few  years  of  active  deveU)pment  the  Agricultural  Depart- 
ment, through  its  scientific  bureaus,  has  been  of  inestimable  bcnietit. 

We  l)elieve  that  similar  results  can  be  accomplished  through  a 
d(^partment  of  industries  which  will  seek,  through  statistical  and  other 
scientific  investigation,  both  at  home  and  abroad,  to  furnish  informa- 
tion which  will  result  in  inestimable  advantage  to  our  people.  The 
manufacturing  and  commercial  interests  of  our  coimtiy,  now  swollen 
to  such  enormous  proportions,  urgently  request  that  they  be  given  the 
consideration  of  a  department  especiall}^  devoted  to  the  acquirement  of 
information  which  will  be  useful  to  all  people  engaged  in  those  pursuits. 

With  a  proper  person,  of  liberal  mind,  broad  information,  the 
acquaintance  of  a  lifetime  with  subjects  of  trade,  labor,  and  commerce, 
with  a  knowledge  of  the  wants  and  needs  of  business,  named  by  the 
President  as  the  head  of  a  new  department  of  industries,  the  develop- 
ment of  our  country,  both  commercially  and  industrially,  during  the 
next  few  j'ears  would  be  accelerated  to  a  degree  not  now  believed 
possible. 

If  a  department  of  industries  be  created,  Congress  ought,  in  order 
to  make  it  most  useful  and  efl'ective,  to  transfer  to  it  those  existing 
branches  and  departments  of  the  public  service  germane  to  the  subject 
of  commerce,  manufactures,  and  other  industries,  so  far  as  they  can 
be  transferred  without  too  great  friction  and  without  crippling  other 
departments  of  the  service. 

BUREAUS  OMITTED 

The  bill  as  it  came  to  your  committee  from  the  Senate  proposed  to 
transfer  to  the  new  Department  the  following: 

From  the  State  Department,  the  Bureau  of  Foreign  Commerce. 

From  the  Treasury  Department,  the  Life-Saving  Service,  the  Light- 
House  Board,  the  Light-House  Service,  the  Marine-Hospital  Service, 
the  Steamboat-Inspection  Service,  the  Bureau  of  Navigation,  the 
Ignited  States  Shipping  Commissioners,  the  Bureau  of  Immigration, 
the  Bureau  of  Statistics. 

From  the  Interior  Department,  the  Census  Office. 

It  also  transferred  the  independent  Department  of  Labor  and  the 
office  of  Commissioner  of  Fish  and  Fisheries. 

Your  committee  has  concluded,  after  investigation,  that  some  of 
these  transfers,  if  made  under  the  pending  bill,  would  create  consider- 
able confusion  without  corresponding  benefit. 

The  Life-Saving  Service  is  at  the  present  time  dependent  to  a  cer- 
tain extent  upon  the  Revenue-Cutter  Service,  and  the  Revenue-Cutter 
Service  is  a  part  of  the  customs  service,  so  that  no  transfer  could  be 
made  without  making  provision  for  other  inspectors  of  the  Life-Saving 
Service  and  without  various  changes  in  existing  law.  It  seems,  how- 
ever, certain  that  in  so  far  as  the  Life-Saving  Service  is  now  a  collector 
of  marine  statistics  its  duty  in  this  respect  ought  to  be  transferred  to 
the  new  Department,  which  it  is  proposed  to  make  the  center  of  statis- 
tical information  in  the  Government. 


538  LEGISLATIVE    HISTOKY 

The  United  States  Health  Service,  formerly  termed  the  Marine- 
Hospital  Service,  has  certain  duties  to  perform  in  connection  with 
quarantine  which  might  produce  a  conflict  of  authority  with  the 
Treasury  Department  if  that  Service  should  be  transferred  from  the 
Treasury  Department  to  the  new  Department. 

Possibly  the  Steamboat-Inspection  Service  might  be  transferred 
without  great  injury  to  the  public  interests,  but  that  Bureau  has 
largely  to  do  with  collectors  of  customs  at  the  difl'erent  ports,  and  it 
has  not  l)een  thought  wise  by  your  committee  at  this  time  to  recom- 
mend its  transfer. 

There  are  some  very  strong  reasons  in  favor  of  the  transfer  of  the 
Bureau  of  Navigation  and  the  United  States  shipping  commissioners 
from  the  Treasury  Department  to  the  new  Department.  The  title  of 
the  Bureau  of  Navigation,  however,  is  not  an  entirely  correct  descrip- 
tion of  the  duties  of  that  oflice.  The  Bureau  has  to  do  with  the  collec- 
tion of  tonnage  taxes.  The  tonnage  taxes  are  collected  from  a  ship  on 
her  entry  from  a  foreign  port  through  a  collector  of  the  port.  The 
act  of  Congress  provides  that  on  all  questions  of  interj^retation  grow- 
ing out  of  the  laws  as  to  the  question  of  tonnage  taxes  and  the  refund 
of  such  taxes  when  collected  erroneously  or  illegally  the  decision  of 
the  Commissioner  of  Navigation  shall  be  final. 

While,  therefore,  the  collection  of  the  tonnage  tax  is  made  by  the 
collector  of  customs,  the  legality  or  accuracy  of  any  tax  goes  to  the 
Bureau  of  Navigation  for  determination.  It  is  very  evident  that  in 
order  to  preserve  symmetry  in  the  matter  of  the  collection  of  tonnage 
taxes  it  would  be  necessary  to  have  a  revision  of  the  laws  upon  the 
subject  before  a  transfer  of  the  Bureau  of  Navigation  could  safely  be 
made  from  the  Treasury  Department.  We  have  not,  therefore, 
included  the  transfer  of  the  Bureau  of  Navigation  to  the  new  Depart- 
ment in  the  bill  as  recommended  b}^  j^our  committee  for  passage. 

The  United  States  shipping  commissioners  are  officers  of  the  Treas- 
ury Department,  located  at  the  principal  ports,  engaged  in  supervising 
the  afl'airs  of  seamen.  All  seamen  who  enlist  as  members  of  crews  of 
vessels  are  required  to  enter  into  a  contract  with  a  proper  officer  or 
owner  of  a  vessel  before  a  United  States  shipping  commissioner.  He 
looks  after  them  to  see  that  no  unfair  advantage  is  taken  of  them 
and  generally  looks  after  their  welfare.  These  commissioners  report 
directly  to  the  Bureau  of  Navigation  and  through  the  Bureau  of  Nav- 
igation to  the  Secretary  of  the  Treasury.  The  Commissioner  of 
Navigation  exercises  a  sort  of  appellate  jurisdiction  over  the  contracts 
or  form  of  contracts  entered  into  bj'  the  seamen. 

While  it  would  seem  desirable,  for  some  reasons,  to  have  the  United 
States  shipping  commissioners  under  the  control  of  a  Department  of 
Commerce  and  Labor,  3^et,  under  existing  laws,  their  duties  are  so 
affected  by  their  relationship  to  the  Bureau  of  Navigation  and  the 
collectors  of  customs  at  the  various  ports  that  it  is  not  deemed  desirable 
at  the  present  time  to  recommend  the  transfer  of  the  Bureau  from  the 
Treasury  Department. 

BUKEAUS   TRANSFERRED   TO   NEW   DEPARTMENT 

The  Light-House  Service  is  maintained  as  an  essential  aid  to  com- 
merce. It  is  an  establishment  by  itself,  not  closely  interwoven  with 
other  branches  of  the  Treasury  Department,  and  may  well  be  placed 
in  the  new  Department. 


LEGISLATIVE    HISTORY  539 

The  iiewh^  oroatcd  Niitionul  Buroiui  of  Standards  is  a  buroau  which 
nooessaiily  o-oes  into  a  (l('})artni('iit  })riniai'ily  devoted  to  nianufactur- 
iiio-  and  coniniercial  inteiests.  'I'iiis  BurcMU  is  destiiunl  to  exorcise 
great  influence  upon  the  developnient  of  l)usiness  and  connnerce  of  our 
country. 

The  Coast  and  Geodetic  Survey  is  essentially  a  scientific  l)ureau,  and 
its  work  is  mainly  for  the  benefit  of  connnerce  or  science. 

The  Bureau  of  Statistics  presents  some  dilliculties  in  the  way  of 
transfer  from  the  'I'reasury  Department.  That  Bureau  flerives  its 
statistics  in  the  first  instance  from  coilcM-tors  of  customs,  but  its  scope 
has  l)e(Mi  recently  o'l'eatly  broadeiuul.  The  Treasury  Department  is  not 
])rimarily  a  depaitment  devoted  to  the  colli'ction  of  statistics.  Statis- 
tical information  is  of  primaiv  value  to  labor,  connnerce,  and  manu- 
facturing. A\'e  think,  too,  that  all  of  the  l)ranches  of  the  public  service 
directed  to  the  collection  and  dissemination  of  statistics  ought  to  be, 
as  far  as  possible,  gathered  under  one  head. 

The  Census  Office  has  recently  been  made  a  permanent  bureau. 

Your  connnittee  therefore  recommends  that  the  Light-House  Service, 
the  National  Bureau  of  Standards,  and  the  Coast  and  Geodetic  Survey 
1)0  transferred  from  the  Treasury  Department  and  placed  in  the  new 
De})artment.  Wo  also  propose  that  the  Bureau  of  Statistics  be  trans- 
ferred from  the  Treasury  Department,  the  Bureau  of  Foreign  Com- 
merce from  the  State  Department,  the  Census  Office  from  the  Interior 
Department,  and  all  placed  in  the  new  Department  of  Commerce  and 
Labor,  in  order  that  the  collection  of  statistical  information,  to  which 
all  three  are  primarily  devoted,  may  be  properly  systematized  and 
duplication  of  statistics  may  be  omitted. 

We  reconnnend  also  the  transfer  of  the  Bureau  of  Immigration, 
including  the  iurisdiction  of  the  Treasury  Department  over  Chinese 
innnigration,  from  the  Treasury  Department  to  the  new  Department 
of  Commerce  and  Labor.  The  question  of  immigration  is  of  particular 
importance  to  the  labor  interests  of  the  country.  The  Bureau  of 
Immigration  ought  to  be  in  some  department  in  connection  with  the 
Commissioner  of  Labor. 

DEPARTMENT   OF   LABOR 

Your  committee  recommends  that  the  Department  of  Labor,  as  now 
constituted,  be  made  a  part  of  the  new  Department  of  Commerce  and 
Labor. 

There  has  been  considerable  opposition  to  this  proposition.  A 
majoritv  of  the  leaders  of  organized  labor,  who  have  expressed  any 
opinion  upon  the  subject,  have  opposed  the  placing  of  the  present 
Department  of  Labor  in  the  new  Department.  The  opposition  has 
been  based  upon  the  idea  that  whoever  might  be  selected  as  Secretary 
of  the  new  Department  would  be  a  representative  of  capitalistic  influ- 
ence and  not  of  labor.  In  view  of  the  opposition  of  some  of  the  labof 
leaders  to  the  inclusion  of  the  Department  of  Labor  in  the  proposed 
new  Department,  your  committee  has  given  the  subject  careful  and 
considerate  examination,  ^^'e  are  satisfied  that  the  opposition  is  based 
upon  a  natural  misundoi'standing  of  the  situation  and  a  misapprehen- 
sion as  to  the  ort'oct  of  such  action. 

The  Department  of  Labor  as  now  oi-ganizod  has  its  duties  defined 
by  statute.  The  statute  provides  that  it  shall  be  presided  over  by  a 
Commissioner  of  Labor,  to  be  appointed  by  the  President.     It  is  not 


540  LEGISLATIVE    HISTORY 

proposed  to  make  any  change  in  the.se  provisions  of  the  statute.  If 
the  Department  of  Labor  is  included  in  the  new  Department,  the  Sec- 
retary of  the  new  Department  will  not  have  the  power  to  appoint  the 
Connnissioner  of  Labor,  nor  will  he  have  power  to  prevent  the  Com- 
missioner of  Labor  from  discharging  the  duties  now  imposed  upon 
that  ottice  by  the  present  act  of  Congress. 

It  is  impossible  to  see,  therefore,  how  there  can  come  any  injurious 
etfect  from  including  the  Labor  Department  in  the  new  Department  of 
Commerce  and  Labor.  As  the  law  now  exists  the  President  can,  at 
an}^  time,  name  some  one  for  appointment  as  Connnissioner  of  Labor 
who  may  be  adverse  to  labor  and  favorable  to  capital  as  against  labor. 
It  is  not  likely  that  any  President  will  ever  do  this,  and  it  is  equally 
unlikely  that  he  would  do  it  if  the  Department  of  Labor  were  made  a 
part  of  the  Department  of  Commerce  and  Labor. 

One  of  the  reasons  w^hich  has  been  urged  why  the  Labor  Depart- 
ment should  not  be  included  in  the  new  Department  is  that  there  ought 
to  be  created  a  Secretary  of  the  Labor  Department,  with  a  seat  in  the 
Cabinet.  Whether  this  is  likely  to  be  done  in  view  of  the  conserva- 
tive action  in  creating  new  Cabinet  officers  in  the  past,  it  is  not  for 
your  committee  to  judge  at  this  time.  But  it  will  be  as  easy  to  create 
a  Secretary  of  Labor  if  the  Department  of  Labor  is,  for  the  present, 
included  in  the  new  Department  as  it  would  be  if  the  Labor  Depart- 
ment is  left  out  by  itself.  In  fact,  it  seems  much  more  likely  that  the 
Labor  Department  will  grow  in  the  scope  of  its  work,  and  hence  be  more 
likely  to  warrant  the  creation  of  a  new  Cabinet  officer  to  represent 
labor  interests  if  the  proposed  action  is  taken  than  would  be  the  case 
if  the  Labor  Department  is  left  as  it  now  is. 

It  has  been  a  natural  fear  on  the  part  of  some  of  the  labor  leaders 
that  the  new  Secretary  of  Commerce  and  Laljor  would  have  a  bias  in 
favor  of  capital  and  against  labor.  Granting,  for  the  sake  of  argu- 
ment, that  this  may  be  true,  it  still  would  leave  the  Labor  Department 
as  well  off  as  it  now  is.  No  bias  of  the  Secretary  of  Commerce  and 
Labor  could  control  or  affect  a  Commissioner  of  Labor,  who  is  not  sub- 
ject to  removal  by  him  and  whose  actions  and  reports  are  not  subject 
to  his  control. 

It  may  very  properly  be  asked,  then,  why  should  the  Department  of 
Labor  be  included  in  the  new  Department  if  the  Secretary  of  the  new 
Department  will  have  no  control  over  the  Commissioner  of  Labor? 
The  duties  of  the  Commissioner  of  Lal)or  largely  relate  to  the  col- 
lection of  information  and  publication  of  labor  statistics.  The  Labor 
Department  has  a  force  of  statistical  experts.  Congress  occasionally, 
at  the  suggestion  of  the  Lal)or  Department,  directs  that  Department, 
by  resolution,  to  gather,  compile,  and  publish  certain  statistical  infor- 
mation of  interest  to  labor.  This  work  is  done  in  addition  to  the 
ordinary  performance  of  duties  of  the  Labor  Department.  There  is 
much  information  of  great  value  to  labor  and  laboring  men  which  the 
Department  of  Labor  has  not  been  able  to  gather,  but  which  it  might 
well  and  easily  obtain  if  it  could  help  to  lay  out  and  plan  the  work  of 
the  permanent  Census  Office. 

The  Department  of  Labor,  as  now  constituted,  is  principalh'  a  sta- 
tistical department.  Most  of  its  duties  pertain  to  the  gathering  of 
statistical  and  other  information.  If  the  Department  of  Labor  and  the 
permanent  Census  Office  are  in  one  new  department  of  the  Government 
it  will  be  an  easy  and  natural  thing  for  the  Department  of  Labor  to 


LEGISLATIVE    HISTORY  541 

avail  itself  of  the  exports  in  the  Census  Ofiicc  for  the  eolleetion  of  sta- 
tistics in  addition  to  what  are  now  collected,  and  which  the  Depart- 
ment of  Labor  can  properly  arraiig'e  for  publication.  Your  committee 
believes  that  the  value  of  the  Department  of  Lal)or  in  the  collection 
and  publication  of  information  will  be  increased  many  fold  by  includ- 
inu'  it  in  the  same  o'eneral  department  of  the  Government  which  contains 
the  permanent  Census  OtSce  and  the  other  statistical'  bureaus  of  the 
(Tovernnient. 

Includino-  the  Department  of  Labor  in  the  new  Department  will  also 
call  attention  in  a  public  manner  to  much  information  which  is  now 
collected,  but  not  made  much  use  of.  The  Department  of  Labor  has 
collected  since  its  organization  much  useful  information  in  reference 
to  labor  legislation.  Very  little  of  this  information  has  ever  been 
called  to  the  attention  of  members  of  Congress  in  an  eti'ective  way.  It 
is  a  l)ur(len  ui)()n  every  member  of  Congress  to  endeavor  to  make  an 
examination  of  the  annual  reports  of  the  diti'erent  general  departments. 
A  statement  or  recommendation  included  in  the  President's  message 
is  sure  to  be  noticed.  A  statement  or  recommendation  in  the  annual 
report  of  one  of  the  Cabinet  ofticers  is  likely  to  attract  some  attention; 
l)ut  the  opinion  or  recommendation  of  the  head  of  a  branch  of  the 
service  not  connected  with  one  of  the  general  departments  is  apt  to  be 
overlooked — not  from  design,  not  from  thoughtlessness,  not  from  lack 
of  interest,  but  from  lack  of  time  and  endurance. 

If  the  Commissioner  of  Labor  is  under  the  Secretary-  of  Commerce 
and  Labor  he  will  make  a  report  to  the  Secretary  of  Commerce  and 
Labor.  That  report  will  be  published  with  the  annual  reports  of  the 
Department,  If  the  Secretary  of  Commerce  and  Labor  approves  of 
r(>commcndations  made  by  the  Commissioner  of  Labor,  he  will  so  state 
in  his  annual  report,  and  proliably  the  matter  will  be  called  to  the 
attention  of  the  President,  to  go  in  his  annual  message.  If  the  Secre- 
tary of  Commerce  and  La])or  disapproves  the  recommendation  made 
bv  the  Commissioner  of  Labor  he  will  say  so  in  his  report,  and  that 
will  call  attention  to  and  advertise  the  recommendation  of  the  Com- 
missioner of  Labor  in  a  way  which  will  call  it  to  the  attention  of  Con- 
gress. LTndoubtedly  our  national  Government  is  behind  many  other 
countries  in  the  way  of  some  kind  of  labor  legislation. 

Your  committee  does  not  recommend  the  inclusion  of  labor  in  the 
new  Department  for  the  purpose  of  suppressing  labor  information  and 
agitation.  })ut  for  the  purpose  of  advancing  the  interests  of  labor,  and 
so  that  the  need  of  labor  legislation  may  properly  be  called  to  the 
attention  of  Congress. 

Your  committee  has  also  recommended  that  the  Commissioner  of 
Fish  and  Fish(>ries,  as  well  as  the  jurisdiction  of  the  Treasur}-  over  the 
fur-seal,  salmon,  and  other  fisheries  in  Alaska,  be  placed  in  and  con- 
ferred upon  the  new  Department  of  Commerce  and  Labor. 

DUTIES   OF   THE    NEW^    DEPARTMENT 

Section  3  of  the  act  which  we  recommend  for  passage  provides  that — 

It  shall  be  the  province  and  duty  of  said  Department  to  foster,  promote,  and 
develo])  the  foreifrn  and  domestic  commerce;  the  mining,  manufacturing,  sliipping, 
and  fishery  industries;  the  labor  interests;  the  transportation  facilities,  and  the 
insurance  business  of  the  United  States. 


542  LEGISLATIVE   HISTOEY 

BUREAU   OF   MANUFACTURES 

It  is  proposed  to  create  in  the  new  Department  a  new  bureau,  to  be 
called  the  Bureau  of  Manufactures,  the  chief  of  which  shall  be  appointed 
by  the  President,  The  province  and  duty  of  said  Bureau  sliall  be  to 
foster,  promote,  and  develop  the  various  manufacturing  industries  of 
the  United  States,  and  markets  for  the  same  at  home  and  abroad, 
domestic  and  foreio-n,  by  g-atherino-,  compiling-,  publishing,  and  sup- 
plying all  valuable  and  useful  information  concerning  such  industries 
and  such  markets,  and  by  such  other  methods  and  means  as  may  be 
prescribed  by  the  Secretary  or  provided  by  law. 

BUREAU   OF   INSURANCE 

The  insurance  interests  of  our  country  have  become  so  great,  and 
the  business  of  insurance  is  so  essentially  a  matter  of  interstate  busi- 
ness, and  hence  largely  beyond  any  effectual  control  by  State  authori- 
ties, that  your  committee  has  recommended  the  establishment  of  a 
Bureau  of  Insurance,  the  chief  of  which  shall  be  appointed  by  the  Presi- 
dent. It  is  proposed  that  the  duty  of  said  Bureau  shall  be  to  exercise 
such  control  as  may  be  provided  by  law  over  insurance  companies 
transacting  business  in  the  United  States,  and  to  foster,  promote,  and 
develop  the  various  insurance  industries  of  the  United  States  by  gather- 
ing, compiling,  publishing,  and  supplying  valuable  and  useful  informa- 
tion concerning  insurance  companies  and  the  business  of  insurance,  and 
by  such  other  methods  and  means  as  may  be  prescribed  by  law. 

The  fire  loss  in  onr  country  in  11)01  amounted  to  over  $160,000,000. 
Undoubtedly  much  of  this  loss  could  have  been  prevented  through 
the  publication  of  proper  information,  and  undoubtedly  one  effect  of 
a  Bureau  of  Insurance  will  be  to  gradually  secure  greater  uniformity 
in  building  laws  and  ordinances,  with  a  view  to  prevent  the  enormous 
waste  now  suffered  annually  by  fire. 

Some  idea  of  the  magnitude  of  insurance  interests  in  our  country 
may  be  olitained  by  a  reference  to  the  business  of  the  life  insurance 
companies  in  the  single  State  of  Connecticut.  During  the  year  1901  the 
thirty  life  insurance  companies  of  Connecticut  received  in  premiums 
$337,"911,700,  and  received  a  total  income  of  $425,083,858.  The  assets 
of  these  companies  on  December  31,  1901,  amounted  to  $1,858,2-11,350, 
and  the  amount  of  insurance  in  force  on  the  same  date  was  $8,747,- 
226,743. 

The  accident,  casualty,  fidelity,  surety,  and  miscellaneous  insurance' 
companies  doing  business  in  Connecticut  in  the  same  year  had  an  income 
of  $30,402,353  and  carried  insurance  with  a  risk  of  $5,164,309,834. 

Eighty-five  domestic  fire  and  marine  insurance  companies  of  the 
United  States  and  thirty  fire  and  marine  companies  of  foreign  coun- 
tries, doing  business  in  the  United  States,  received,  during  the  year 
1901,  premiums  to  the  amount  of  $148,917,206,  and  had  a  total  of 
income  amounting  to  $175,261,787,  and  paid  losses  to  the  amount 
of  $91,280,379,  and  had  insurance  risks  in  force  December  31,  1901, 
to  the  amount  of  $22,507,245,944.  These  figures  do  not  include  all  of 
the  insurance  companies  doing  business  in  our  country  and  do  not 
include  a  majority  of  the  mutual  companies. 

It  seems  evident  from  figures  cited  that  it  is  time  for  the  National 
Government  to  take  such  notice  of  and  exercise  such  control  over 


LEGISLATIVE    HISTORY  543 

insurani'O  companies  as  it  may  bo  entitled  to  under  the  Constitution, 
to  tiie  extent,  at  least,  of  the  i)uhlicati()n  of  information  of  general 
interest. 

IJUKEAU   OF   COKl'OltATIONS 

Your  eonnnittee  also  recommends  the  creation  of  a  new  ])ureau,  to 
be  called  tlu>  Bureau  of  Ci)rp()rati()ns,  the  province  and  duty  of  which 
Bureau  shall  be  to  oathi'r,  c()nn)il(\,  publish,  and  supply  useful  infor- 
mation concerning  such  corporations  doiny  business  within  the  limits 
of  the  United  8tat(>s  as  shall  eno-a<;-e  in  iiiterstate  commerce  or  in  com- 
merce between  the  United  States  and  any  foreign  country,  and  to 
attend  to  such  other  duties  as  may  be  hereafter  provided  by  law. 

The  creation  of  this  Bureau  will  make  it  the  duty  of  an  offic^er  of  the 
(xovernment  to  deal  with  the  matter  of  corporation  information  and 
to  ac(piire  knowledge  and  report  recommendations  concerning  the 
manner  and  extent  to  which  corporation  ti'ansactions  in  interstate 
commerce  shall  be  subjected  to  the  intluence  oF  national  legislation. 
Your  eonnnittee  believes  that  this  is  a  practical  step  toward  the  legit- 
imate control  of  corporations  engaging  in  commerce  among  the  States. 

Your  eonnnittee  has  not  recommended  any  extended  or  specific  legis- 
lation in  regard  to  the  character  of  information  to  be  obtained  or  the 
manner  of  obtaining  it,  but  has  left  that  matter  to  await  further  legis- 
lation. 

In  the  discussion  which  has  generally  been  going  on  of  late,  and 
especially  in  those  bills  which  ha^'e  been  introduced  in  Congress  in 
relation  to  the  securement  of  information  from  corporations,  it  has 
))een  generally  suggested  or  provided  that  the  collection  of  such  infor- 
mation shall  be  had  through  the  Interstate  Commerce  Commission. 

The  Interstate  Commerce  Commission  is  a  semiexecutive  and  semi- 
judicial  commission.  It  is  engaged  solely  with  transportation  compa- 
nies and  with  shipping  interests.  To  place  under  its  control  the 
collection  of  all  information  in  regard  to  corporations  transacting 
interstate  commerce  would  be  to  divert  it  from  its  present  very  oner- 
ous duties,  which  nvo  sufficient  to  take  up  all  of  the  time  of  the  Com- 
missioners, and  would  be  to  place  a  purely  executive  duty  upon  a 
Commission  principally  engaged  in  exercising  semijudicial  authority. 

TRANSFER   BY    PRESIDENT   OF   OTHER   BUREAUS 

It  is  certainly  desiral)le  to  have  the  collection  of  statistical  informa- 
tion under  the  control  of  one  department  of  the  Government  so  far  as 
l)racticable.  It  is  also  highly  desirable  that  some  other  branches  of 
the  public  service,  such  as  a  portion  of  the  Avork  of  the  Geological 
Sur\'ey,  be  transferred  to  the  new  Department,  provided  that  transfer 
can  be  made  without  undue  friction  or  injury  to  the  department  from 
which  the  transfer  is  proposed. 

Your  committee  has  therefore  recommended  a  section  in  the  act 
authorizing  the  President  to  transfer,  l)y  order  in  writing,  at  any  time, 
to  the  new  Department  of  Conunerce  and  Labor  any  branch  of  the 
public  service  engaged  in  statistical  or  scientific  work. 

It  is  not  unlikely  that  this  section  of  the  bill  will  result  in  the  trans- 
fer of  the  statistical  end  of  the  Educational  Bureau  to  the  new  Depart- 
ment. Under  this  section  of  the  bill  it  is  probable  that  a  Bureau  of 
Mines  and  Mining  will  grow  up  out  of  the  transfer  of  a  portion  of  the 


544  LEGISLATIVE    HISTORY 

work  of  the  Geological  Survey  to  the  new  Department.  Other  changes 
and  transfers  will  suggest  themselves  to  the  Executive  Department, 
which  will  result  in  the  more  thorough  system  of  scientitic  investiga- 
tion and  in  a  great  saving  of  work  which  is  at  present  duplicated  in 
different  branches  of  the  public  service. 

RECOMMENDATION    OF    COMMITTEE 

Your  committee,  after  such  consideration  of  the  subject-  as  it  has 
been  possible  for  them  to  make,  recommend  that  the  bill  of  the  Senate 
(S.  569)  be  amended  by  striking  out  all  after  the  enacting  clause  and 
substituting  in  lieu  thereof  the  amendment  or  substitute  presented 
with  this  report,  so  that  said  Senate  bill  will  read  as  follows: 

A  BILL  to  establish  the  Department  of  Commerce  and  Labor. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled,  That  there  shall  be  at  the  seat  of  government  an  Executive 
Department  to  be  known  as  the  Department  of  Commerce  and  Labor,  and  a  Secretary 
of  Commerce  and  Labor,  who  shall  be  the  head  thereof,  who  shall  be  appointed  by 
the  President,  by  and  with  the  advice  and  consent  of  the  Senate,  who  shall  receive  a 
salary  of  eight  thousand  dollars  per  annum,  and  whose  term  and  tenure  of  office 
shall  be  like  that  of  the  heads  of  the  other  Executive  Departments;  and  section  one 
hundred  and  fifty-eight  of  the  Revised  Statutes  is  hereby  amended  to  include  such 
Department,  and  the  provisions  of  title  four  of  the  Revised  Statutes,  including  all 
amendments  thereto,  are  hereby  made  applicable  to  said  Department. 

Sec.  2.  That  there  shall  be  in  said  Department  an  Assistant  Secretary  of  Commerce 
and  Labor,  to  be  appointed  by  the  President,  who  shall  receive  a  salary  of  five  thou- 
sand dollars  a  year.  He  shall  perform  such  duties  as  shall  be  prescribed  by  the 
Secretary  or  required  by  law.  There  shall  also  be  one  chief  clerk  and  a  disbursing 
clerk  and  such  other  clerical  assistants  as  may  from  time  to  time  be  authorized  by 
Congress;  and  the  Auditor  for  the  State  and  other  Departments  shall  receive  all 
accounts  accruing  in  or  relative  to  the  Department  of  Commerce  and  Labor  and 
examine  the  same,  and  thereafter  certify  the  balance  and  transmit  the  accounts,  with 
the  vouchers  and  certificate,  to  the  Comptroller  of  the  Treasury  for  his  decision 
thereon. 

Sec.  3.  That  it  shall  be  the  province  and  duty  of  said  Department  to  foster,  pro- 
mote, and  develop  the  foreign  and  domestic  i  ommerce,  the  mining,  manufacturing, 
shipping,  and  fishery  industries,  the  labor  interests,  the  transportation  facilities,  and 
the  insurance  business  of  the  United  States;  and  to  this  end  it  shall  be  vested  with 
jurisdiction  and  control  of  the  departments,  bureaus,  offices,  and  branches  of  the 
public  service  hereinafter  specified,  and  with  such  other  powers  and  duties  as  may 
be  prescribed  by  law. 

Sec.  4.  That  the  following-named  offices,  bureaus,  divisions,  and  branches  of  the 
public  service,  now  and  hereafter  under  the  jurisdiction  of  the  Department  of  the 
Treasury,  and  all  that  pertains  to  the  same,  known  as  the  Light-House  Board,  the 
Light-House  Service,  the  National  Bureau  of  Standards,  the  Coast  and  Geodetic 
Survey,  the  Commissioner-General  of  Immigration,  the  Bureau  of  Immigration,  the 
Immigration  Service  at  Large,  and  the  Bureau  of  Statistics  be,  and  the  same  hereby 
are,  transferred  from  the  Department  of  the  Treasury  to  the  Department  of  Commerce 
and  Labor,  and  the  same  shall  hereafter  remain  under  the  jurisdiction  and  supervision 
of  the  last-named  Department;  and  that  the  Census  Office,  and  all  that  jxn-tains  to 
the  same,  be,  and  the  same  hereby  is,  transferreci  from  the  Department  of  the  Interior 
to  the  Department  of  Commerce  and  Labor,  to  remain  henceforth  under  the  jurisdic- 
tion of  the  latter;  that  the  Department  of  Labor  and  the  office  of  Commissioner  of 
Fish  and  Fisheries,  and  all  that  pertains  to  the  same,  be,  and  the  same  hereljy  are, 
placed  under  the  jurisdiction  and  made  a  part  of  the  Department  of  Commerce  and 
Labor;  that  the  Bureau  of  Foreign  Commerce,  now  in  the  Department  of  State,  l)e, 
and  the  same  hereby  is,  transferred  to  the  Department  of  Commerce  and  Labor  and 
consolidated  with  and  made  a  part  of  the  Bureau  of  Statistics,  hereinbefore  trans- 
ferred from  the  Department  of  the  Treasury  to  the  Department  of  Commerce  and 
Labor,  and  the  two  shall  constitute  one  bureau,  to  be  called  the  Bureau  of  Statistics, 
with  a  chief  of  the  Bureau;  and  that  the  Secretary  of  Commerce  and  Labor  shall 
have  complete  control  of  the  work  of  gathering  and  distributing  statistical  informa- 
tion naturally  relating  to  the  subjects  confided  to  his  Department;  and  to  this  end 


LEGISLATIVE    HISTORY  f)4f) 

saiil  Secretary  sliall  liavc  power  to  i'lnploy  any  or  t-ithor  of  tlie  said  hnicaiis  ami  to 
rearianiii'  such  statistical  work  and  to  distrihiiti'  or  consolidate  the  same,  as  may  hi' 
deemed  (h-sirahle  in  tlie  |)nhlic  inti'rest;  and  said  Secretary  shall  also  have  authority 
to  call  upon  otluM-  departments  of  the  (iovernmeut  for  statistical  data  and  result.s 
ohtaineil  hy  them;  and  said  Secretary  <»f  Commerce  and  Lahor  may  collate,  arranjie, 
antl  jmhlisii  gucli  statistical  information  so  obtained  in  such  manneras  to  him  may 
seem  wise. 

That  the  otKeial  records  and  papers  now  on  tile  in  and  |>ert;iininj.^  exclusively  to 
the  business  of  any  bureau,  otlict',  department,  or  branch  of  the  public  service  in  this 
act  transferre<l  to  the  Department  of  C'onnnerce  and  Labor,  to<,a'ther  with  the  furni- 
ture now  in  use  in  such  bureau,  oltice,  department,  or  branch  of  the  public  service, 
shall  be,  and  herel)y  are,  transferretl  to  the  Department  of  Coinnierce  and  Lal)or. 

Skc.  n.  That  there  shall  be  in  the  Dejyartment  of  ("ommerce  and  Labor  a  bureau 
to  be  called  the  IWnvau  of  ^lannfactures,  and  a  chief  of  said  I>ureau,  who  shall  bo 
ajipointt'd  by  the  President,  and  who  shall  ri'ceive  a  salary  of  four  thousand  dollars 
per  annum.  There  shall  also  be  in  said  lUireau  one  chief  clerk  and  such  othei;  cler- 
ical assistants  as  may  from  time  to  time  be  authorized  by  Congress. 

It  shall  be  the  i)rovince  and  duty  of  said  lUireau,  under  the  direction  of  the  Secre- 
tary, to  foster,  jyromote,  and  develop  the  various  manufacturinjr  industries  of  the 
Unite*!  States,  and  markets  for  the  same  at  home  and  abroad,  domestic  and  forei,ii:n, 
by  i,'atherin<i,  compiling,  publishing,  and  sui)plying  all  available  and  useful  informa- 
tion concerning  such  industries  and  such  markets,  and  by  such  other  methods  and 
means  as  may  be  prescribed  by  the  Secretary  or  proviiled  l)y  law. 

And  all  consular  officers  of  the  United  States,  including  consul-generals,  consuls, 
and  commercial  agents,  are  hereby  re(iuired,  and  it  is  made  a  ])art  of  their  duty, 
under  the  "iirection  of  the  Secretary  of  State,  to  gather  and  compile,  from  tin)e  to 
time,  useful  and  material  information  and  statistics  in  respect  to  the  subjects  enum- 
erated in  section  three  of  this  act  in  the  countries  and  places  to  which  such  consular 
officers  are  accredited,  and  to  send,  under  the  direction  of  the  Secretary  of  State, 
reports  as  often  as  requireil  of  the  information  and  statistics  thus  gathered  and  com- 
jiiled,  such  rej^orts  to  be  transmitted  through  the  State  Dejiartment  to  the  Secretary 
of  the  Department  of  Commerce  and  Labor. 

Skc.  H.  That  there  shall  be  in  the  Department  of  Commerce  and  Labor  a  Imreau  to 
be  called  the  Bureau  of  Insurance,  and  a  chief  of  .said  Bureau,  who  shall  be  api)ointed 
by  the  Bresident,  and  who  shall  receive  a  salary  of  four  thousand  dollars  per  annum, 
and  such  clerical  assistants  as  may  from  time  to  tinie  be  authorized  liy  law.  It  shall 
be  the  province  and  duty  of  said  Bureau,  under  the  direction  of  the  Secretary,  to 
exercise  such  control  as  may  be  provided  by  law  over  every  insurance  company, 
society,  or  a.ssociation  transacting  business  in  the  United  States  outside  of  the  State, 
Territory,  or  District  wherein  the  same  is  organized,  and  to  foster,  i)romote,  and 
develo]i  the  various  insurance  indu,«tries  of  the  United  States  by  gathering,  compil- 
ing, publishing,  and  supplying  all  available  and  useful  information  concerning  such 
insurance  companies  and  the  business  of  insurance,  and  by  such  other  methods  and 
means  as  may  be  prescril)ed  by  the  Secretary  or  provided  by  law. 

Sec.  7.  That  there  shall  l)e  in  the  Dejiartment  of  Commerce  and  Labor  a  l)ureau  to 
be  called  the  Bureau  of  Corporations,  and  tlie  chief  of  said  Bureau  shall  receive  a 
salary  of  four  thousand  dollars  per  annum.  There  shall  also  be  in  said  Bureau  such 
clerks  and  assistants  as  may  from  time  to  time  be  authorized  l)y  law.  It  shall  be  the 
province  and  duty  of  said  Bureau,  under  the  direction  of  the  Secretary  of  Commerce 
and  Labor,  to  gather,  compile,  publish,  and  supply  useful  information  concerning 
such  corporations  doing  business  within  the  limits  of  the  United  States  as  shall 
engage  in  interstate  connnerce  or  in  commerce  V)etween  the  Ignited  States  and  any 
foreign  country,  and  to  attend  to  such  other  duties  as  maj'  be  hereafter  ])rovide<l 
by  law. 

Sec.  8.  That  the  jurisdiction,  supervision,  and  control  now  possessed  and  exercised 
by  the  Department  of  the  Treasury  over  the  fur-seal,  salmon,  and  other  fisheries  in 
Alaska,  as  well  as  over  Chinese  immigration,  including  the  authority  conferred  by 
the  various  acts  in  relation  to  the  exclusion  of  Chinese  upon  collectors  of  customs,  be, 
and  the  same  hereby  are,  transferred  to  and  vested  in  the  Department  of  Commerce 
and  Labor;  and  the  Secretai'v  of  Connnerce  and  Lal)or  shall  designate  officials  of  his 
Dejiartment  to  jierform  the  duties  and  exerci.se  the  authority  now  confeired  upon 
collectors  of  cu.stoms  or  other  otiicials  of  the  Treasury  Department  (who  are  not 
hereby  transferred  to  the  Dej)artment  of  Commerce  and  Labor)  in  regard  to  Chinesi' 
exclusion  and  innnigration. 

Sec.  i».  That  the  Secretary  of  Commerce  and  Labor  shall  annually,  at  the  close  of 
each  fiscal  year,  make  a  report  in  writing  to  Congress,  giving  an  account  of  all  moneys 
received  and  disbursed  by  him  and  his  Department,  and  describing  the  work  done 

27G28— 04 85 


5-16  LEGISLATIVE    HISTORY 

by  the  Department  in  fostering,  promoting,  and  developing  the  foreign  and  domestic 
commerce,  the  mining,  manufacturing,  shipping,  and  fishery  industries,  the  trans- 
portation faciUties,  and  insurance  ]>usiness  of  the  United  States,  and  making  such 
recommendations  as  he  shall  deem  net'essary  for  the  effective  performance  of  the 
duties  and  purposes  of  the  De|)artment.  He  shall  also  from  time  to  time  make  such 
special  investigations  and  reports  as  he  may  be  required  to  do  l)y  the  President,  or 
by  either  House  of  Congress,  or  which  he  himself  may  deem  necessary  and  urgent. 

Sec.  10.  That  the  Secretary  of  Commerce  and  Labor  shall  have  charge,  in  the  ))uild- 
ings  or  premises  occupied  l)y  or  appropriated  to  the  Dei)ai-tment  of  Commerce  and 
LaV)or,  of  the  library,  furniture,  iixtures,  records,  and  other  jjroperty  pertaining  to 
it  or  hereafter  acquired  for  use  in  its  business;  and  he  shall  l)e  allowed  to  expend  for 
periodicals  and  i)urposes  of  the  library,  and  for  the  rental  of  appropriate  quarters  for 
the  accommodation  of  the  Dejjartment  of  Commerce  and  Labor  within  the  District  of 
Columl)ia,  and  for  all  other  incidental  expenses,  such  sums  as  Congress  may  provide 
from  time  to  time:  Provided,  Jioirerrr,  That  where  any  office,  bureau,  or  branch  f)f  the 
public  service  transferred  to  the  Department  of  Commerce  and  La])or  by  this  act 
is  occupying  rented  buildings  or  premises,  it  may  still  continue  to  do  so  until  other 
suitable  quarters  are  provided  for  its  use:  A)id  prorlded  fini/icr,  That  all  officers, 
clerks,  and  ein])l(iyees  now  employed  in  any  of  the  l)ureaus,  offices,  departments,  or 
branches  of  the  pul)lic  service  in  this  act  transferred  to  the  Department  of  Commerce 
and  Labor  are  each  and  all  hereby  transferred  to  said  Department  at  their  present 
grades  and  salaries,  except  where  otherwise  provided  in  this  act:  And  'provided 
fnrfher,  That  all  laws  prescribing  the  work  and  defining  the  duties  of  the  several 
))ureaus,  offices,  deimrtments,  or  branches  of  the  public  service  Ijy  this  act  transferred 
to  and  made  a  part  of  the  Deitartment  of  Commerce  and  Lahor  shall,  so  far  as  the 
same  are  not  in  conflict  with  the  jirovisions  of  this  act,  remain  in  full  force  and  effect 
until  otherwise  provided  by  law. 

Sec.  1 1 .  That  all  power  and  authority  heretofore  possessed  or  exercised  by  the  head 
of  any  Executive  Department  over  any  Imreau,  office,  branch,  or  division  of  the  public 
service  by  this  act  transferred  to  the  Department  of  Commerce  anil  Labor,  or  any 
business  arising  therefrom  or  i)ertaining  thereto,  whether  of  an  appellate  or  revisory 
character  or  otherwise,  shall  liei'eafter  be  vested  in  and  exercised  by  the  head  of  the 
said  Department  of  Conunerce  and  Labor.  And  all  acts  or  parts  of  acts  inconsistent 
with  this  act  are,  so  far  as  so  inconsistent,  hereby  repealed. 

Sec.  12.  A  person,  to  be  designated  l)y  the  Secretary  of  State,  shall  be  appointed 
to  formulate,  under  his  direction,  for  the  instruction  of  consular  officers,  the  requests 
of  the  Secretary  of  Commerce  and  Labor;  and  to  prepare  from  the  dispatches  of 
consular  officers,  for  transmission  to  the  Secretary  of  Commerce  and  Labor,  such 
information  as  pertains  to  the  work  of  the  Department  of  Commerce  and  Lal)or;  and 
such  person  shall  have  the  rank  and  salary  of  a  chief  of  bureau,  and  be  furnished 
with  such  clerical  assistants  as  may  from  time  to  time  be  authorized  by  law. 

Sec.  13.  That  the  President  is  herein"  authorized  to  transfer,  by  order  in  writing, 
at  any  time,  any  office,  liureau,  division,  or  other  branch  of  the  public  service  engaged 
in  statistical  or  scientific  work,  and  not  herein  transferred  to  or  included  in  the 
Department  of  Commerce  and  Labor,  to  said  Department  of  Commerce  and  Labor; 
and  in  every  such  case  the  duties  and  authority  performed  by  and  conferred  upon  such 
office,  bureau,  division,  or  other  l)ranch  of  the  public  service  so  transferred  shall  be 
transferred  witli  such  office,  l)ureau,  division,  or  other  branch  of  tlie  ])ublic  service, 
and  all  power  and  authority  conferi-ed  by  law  upon  the  Dejiartment  from  which  such 
transfer  is  made,  or  the  Secretary  thereof,  shall  immediately,  when  such  transfer  is 
so  ordered  by  the  President,  be  fully  conferred  upon  and  vested  in  the  Department 
of  Commerce  and  Labor,  or  the  Secretary  thereof,  as  the  case  may  be. 

Sec.  14.  That  this  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


VIEWS   OF   MR.   STEWART 

I  am  roliictantlj^  constrained  to  diti'or  fundamentally  with  the  majority 
of  the  committee  with  reference  to  the  wisdom  and  necessity  of  estab- 
lishing- a  se])arate  and  distinct  Cabinet  Department  of  ''  Commerce  and 
Labor,"  or  a  distinct  Department  of  either  Commerce  or  Labor, 

A  proper  consolidation  of  existing-  statistical  divisions  scattered 
through   the  great  departments  of  the  Government  in  one  division 


LK(USLATIVK    HISTORY  r)47 

undiMaii  cxistiiiL;'  I  )('|):irt  luciil  would,  in  my  opinion,  t'ultill  iill  (Ikm-om- 
(litioiis  n'(|nir('(l  1>\   the  pi'oposcd  new  l)ep;irliii(Mit. 

Tlif  ularminij;-  loatmc  of  the  hill  is  that  it  will  tcsuU,  in  my  iiid<4- 
nuMit,  in  tfansfciTinyall  tli<'  \('xed  ([uostioiis  of  capital  and  labor  which 
for  years  have  harassed  and  (Muharnissed  our  State  <4()venunents  and 
numicipalitios  to  the  arena  of  Federal  discussion  and  agitation. 

Beinu'  opposed  to  the  whole  scheme  of  ii  separate  Department  of 
C'ommerce  or  Lai)or,  it  is  unnecessary  for  me  to  discuss  what  1  con- 
sider the  ol)jectionat>le  pi(»\  isions  of  the  hill. 

,James  F.  Stewart. 


VIEWS   OF   THE    INIINORITY 


The  undeisioiied  mcmhers  of  the  Committee  on  Interstate  and  F'or- 
(MU'ii  Coinmei-ce  are  unal)le  to  a«;i-ee.  with  the  committee  in  its  favorable 
action  on  Senate  hill  No.  ;")<;<),  entitled  "A  hill  to  create  the  Depart- 
ment of  ConnniM-ce  and  Lahor.''  \\'e  do  not  l)elle\-e  that  it  will  pi'o- 
mote  tlu^  interests  and  welfare  of  tli(>  lahoritio-  classes,  or  the  interests 
of  the  country,  to  transfer  or  include  the  Department  of  Labor  in  the 
proi)osed  new  Department  of  Conunerce.  It  must  he  patent  to  the 
most  casual  reader  of  the  evidence  given  in  the  hearings  by  the  com- 
mittee on  this  subject  that  the  interest  and  care  of  hibor  in  this  pro- 
p()s(Hl  new  Department  would  he  sul)ordinate  to  other  interests,  and 
we  c;ui  safely  predict  that  the  Secretary  of  the  DepartnKMit  would  not 
he  a  representative  of  ("ither  organized  or  unoi'ganized  labor. 

'rh(>  laboring  classes  are  not  asking  for  this  transfer,  hut  strong  and 
earnest  protests  have  been  made  against  it,  but  the  demand  comes 
from  other  sources.  By  the  act  of  Congress  of  June  ^T,  1S84,  the 
Bureau  of  Labor  was  established  and  placed  in  the  Depai'tment  of  the 
Interior,  which  act  provided  for  the  appointment  of  a  Commissioner 
of  La])or.  On  the  13th  of  June,  1888,  an  act  entitled  "An  act  to  estal)- 
lish  a  Department  of  Labor"  was  approved.  This  act  of  Congress 
provided  that  there  shall  be  at  the  seat  of  government  a  Department 
of  Labor.  The  Bureau  of  Labor  organized  and  conducted  in  the 
Dei)artment  of  the  Interior  was  abolished,  and  the  independent  Depart- 
ment of  Labor  was  cn^ated  and  the  authority  of  the  Department  and 
the  Commissioner  of  Labor  Avere  enlarged  as  to  all  industrial  interests 
and  kindred  subjects. 

We  do  not  hesitate  to  say  that  after  a  careful  examination  we  l)elieve 
that  the  record  made  by  tlie  Department  of  Labor  since  its  establish- 
ment by  Congress  is  highly  creditable  and  has  been  of  great  benefit  in 
the  distribution  of  practical  and  useful  information  among  all  classes 
of  i)eople  in  all  matters  ])ertaining  to  lii])or  in  its  most  comi)relu>nsive 
sense.  It  has  cotitributed  to  the  uplifting  of  the  working  class  of  our 
people.  It  is  not  our  ])ui'pose  to  clothe  labor  with  any  distinctive  or 
particular  int(>r(>st  and  thus  create  a  class  antagonistic  to  s()m(>  other 
special  intei'cst  or  class,  'i'he  genius  and  theory  of  our  (Jov(Mnm(Mit 
is  opposed  to  such  legislation.  However,  w^e  insist  that  no  conditions 
or  relations  should  be  created  by  law  that  tend  to  promote  or  invitee 
friction  between  the  interests  of  capital  and  labor,  but  everything 
should  be  done  to  place  them  as  lUMir  in  accord  as  practicable. 

The  t)ill,  to  which  we  object,  practically  reduces  the  present  Depart- 
ineut  of  Labor  to  the  position  of  a  bureau  in  the  new  Departmeut  of 


548  LEGISLATIVE    HISTOKY 

(/oniincrce  and  Labor.  This  .subunliuato  and  over.shadowod  position 
that  the  Buroau  of  La))or  will  occupy  in  the  proposed  new  Department 
will  be  such  a  discrimination  as  leads  us  to  fear  that  distrust  and  sus- 
picion will  result  in  friction  or  create  such  relations  as  would  siu'iously 
impair  the  usefulness  and  etiiciency  of  the  Department. 

For  these  and  other  reasons  we  dissent  to  the  report  of  the  majority 
of  the  committee. 

William  Richardson. 
RoBT.  W.  Davis. 


DEBATE  IN  HOUSE  OF  REPRESENTATIVES 

On  January  15,  1903,  the  bill  was  taken  up  under  a  special  continu- 
ing- order  to  be  considered  in  Conunitteo  of  the  Whole  House  on  the 
state  of  the  Union  until  tinally  disposed  of: 

Mr.  Dalzell.  Mr.  Speaker,  I  suljmit  the  following  privileged  report. 
The  Si'EAKER.  The  gentleman  from  Pennsylvania  calls  up  a  privileged  report  from 
the  Committee  on  Rules,  which  the  Clerk  will  reacL 
The  Clerk  read  as  follows: 

The  Committee  on  Rules,  to  whom  was  referred  House  resolution  No.  374,  have  had  the  same  under 
consideration,  and  report  the  following  in  lieu  thereof: 

"jRcso/i'cd,  That  immediately  after  the  adoption  hereof  the  bill  (S.  5ra)  to  establish  a  Dep.artment 
of  Commeree  shall  be  tlie  speeial  and  coutiuuiufj:  order  of  liusiness  until  the  same  shall  be  liually  dis- 
posed of,  not,  however,  to  interfere  with  ai)propria lion  liills,  conference  reports,  or  other  siiccial  orders 
heretofore  made,  or  matters  of  privilege  under  the  rules,  and  said  bill  shall  be  considered  in  Com- 
mittee of  the  Whole  House  on  the  state  of  the  Union." 

Mr.  Dalzeliv.  Mr.  Speaker,  the  House  is  aware  that  some  time  ago  the  Senate 
passed  a  hill  creating  a  Department  of  ( Jonnnerce  and  Labor.  That  bill  came  to  the 
House  and  was  referred  to  the  Cominittee  on  Interstate  and  Foreign  Commerce. 
That  committee  had  considered  the  bill,  and  the  result  was  a  report  by  that  commit- 
tee of  a  substitute  bill.  It  is  the  purpose  of  this  resolution  to  call  u[>  that  bill  now 
for  consideration.  No  provision  is  made  for  anj'  curtailment  of  debate  or  of  amend- 
ment or  anything  of  the  kind.  It  is  simply  made  a  continuing  order  until  it  shall 
have  been  disposed  of,  subject,  however,  to  appropriation  bills  and  other  privileged 
matters  in  the  House.  I  assume  there  is  no  disposition  to  debate  this  resolution,  and 
therefore  I  ask  for  a  vote. 

The  Speaker.  The  question  is  on  agreeing  to  the  resolution. 

The  question  was  taken,  and  the  resolution  was  agreed  to. 

Accordingly  the  committee  resolved  itself  into  Committee  of  the  Whole  House  on 
the  state  of  the  Union  for  the  consideration  of  an  act  (S.  569)  to  establisli  the  Depart- 
ment of  Commerce  and  Labor,  with  Mr.  Gillett  of  Massachusetts  in  the  chair. 

The  Chairman.  The  House  is  now  in  C'oMHnittee  of  the  Whole  on  the  state  of  the 
Union  for  the  consideration  of  the  bill  which  the  Clerk  will  report  by  title. 

The  Clerk  read  as  follows: 

An  act  (S.  569)  to  establish  the  Department  of  Commerce  and  Labor. 

Mr.  Hepburn.  I  ask  unanimous  consent  that  the  first  reading  of  the  bill  be  dis- 
pensed with. 

There  was  no  objection. 

INIr.  Hephurn.  I  presume  that  the  time  for  del)ate  will  be  controlled  on  the  other 
side  of  the  House  by  the  gentleman  from  Alal)ama  [Mr.  Richardson],  who  was  one 
of  those  making  the  minority  report.  I  ask  unanimous  consent  that  the  time  for 
general  (lebate  may  be  controlled  by  myself  and  by  the  gentleman  from  Alabama, 
and  to  be  equally  divided. 

The  Chairman.  The  gentlemen  from  Iowa  asks  that  the  time  for  general  debate 
be  equally  divided  between  the  two  sides  of  tiie  House,  to  lie  controlled  on  the  one 
side  bv  the  gentleman  from  Iowa  and  on  the  other  side  by  the  gentleman  from  Ala- 
bama "[Mr.  Richardson].  Is  there  objection?  [After  a  pause.]  The  Cliair  hears 
none. 

Mr.  Hepburn.  Now,  Mr.  Chairman,  I  would  like  to  make  .some  arrangement  with 
the  gentleman  from  Alabama  as  to  the  time  for  general  debate.  How  many  hours 
does  the  gentleman  desire? 


LEGISLATIVE    HISTORY  549 

Mr.  RicnARDSON,  of  Alabama.  Had  wf  not  lu'lttT  let  it  run  for  a  while — sa\-  until 
this  ovoninir — and  then  a<j:re(>  njxpn  the  time? 

Mr.  IIiMMUUN.  If  the  ^'cntieman  prefers  that,  I  am  wiilin;:-.  1  will  ikiw  yield  to 
the  t^entleman  fi'om  lllinnis  [Mr.  Mann],  who  reported  the  l)ill. 

Mr.  Mann.  INIr.  Chairman,  I  think  the  mend)ersof  the  llnnseare  so  well  ae(iuainted 
with  the  sentiment  ol  the  eonntry  at  lar^ri'  in  reference  to  the  establishment  of  the 
proposed  new  Departmi'iit  that  it  is  not  ni'ces.sary  to  make  any  extended  remarks 
ni)()n  the  merits  of  the  proposition;  and  yet,  Mr.  ('hairman,  there  have  been  jirac- 
tieally  but  two  new  departments  of  the  (iovernment  created  in  more  than  one  hun- 
dred years,  the  heads  of  which  departments  have  been  treated  as  Cabinet  oflicers. 

In  the  tirstoriranization  of  tlu'(iovermnent  the  <;reat  I']xecutive  Dejiartments  whicii 
were  created  were  purely  administrative  otlices.  It  was  necessary  to  have  a  Dejiart- 
ment  of  State  to  carry  on  the  details  of  affairs  with  foreiirn  countrii's.  It  was  neces- 
sary to  liave  a  Treasury  Department  to  collect  and  disburse  the  public  revenues.  It 
became  necessary  to  have  a  War  Dejiartment  to  administer  tlu^  affairs  of  the  Army. 
It  became  necessary  to  have  a  Navy  Dejiartment  as  an  adnunistrativeolHce  to  admin- 
ister tlu'  affairs  of  the  Navy. 

All  of  the  oriiiinal  Kxecutive  Departments  at  the  time  of  their  creation  were  jmrely 
of  an  administrati\'e  character.  Tlu'  ci'i-ation  of  the  Department  of  .Vi^'"'''"ltnre  was 
in  a  .<ense  a  dei)arture  from  the  previous  policy  of  the  ( iovermnent.  I>ut  the  Depart- 
ment of  .\<rriculture  became  not  merely  an  administrative  otiice,  but  it  bi'came  an 
oHice  for  research  and  scientilic  investi-^ation.  In  its  nature  it  had  not  hi  nj^  to  do 
with,  and  was  not  reijuireil  in  order  to  carry  on,  the  ordinary  details  of  the  Govern- 
ment; but  the  Dejuirtment  of  Atiricnlture  has  shown  to  tlie  country  that  an  oHice 
created  for  that  pnrj)ose  may  become  of  vast  assistance  to  the  peoi)le  of  the  country. 
No  doubt  the  success  of  the  Department  of  .\)jriculture  has  had  mui'h  to  do  with  the 
demands  or  re<|nes!s  on  the  ])art  of  the  commercial  and  manufacturinic  interests  of 
the  country  for  tlie  creation  of  a  Deiiartment  which  should  be  devote(l  i)rimarily  to 
tlu'  promotion  and  consideration  of  (|uestions  relating;  to  transjiortation  and  the  indus- 
tries of  the  coimtry.     *    *    *     [House  Ki'port,  <fiven  on  ])a,u-e 'i.'Jl,  here  incorpoiatt'd]. 

The  mannfacturin<^  industries  of  the  country  {)roduce  to-day  a  Value  in  their  j)rod- 
ucts  of  nearly  §14,000,000,000,  many  times  more  than  the  total  airricuitural  ]>roducts 
of  the  country.  The  justitication  for  the  creation  of  the  new  Department  is  that 
the  business  of  the  country  warrants  that  the  Government  shall  carry  on  some  of  tlie 
investij^ation.'),  some  of  the  scientific  research,  wliich  it  can  easily  do  with  the  facili- 
ties at  its  eonmiand  and  which  can  be  used  when  known  by  all  classes  of  the  j)eopU' 
and  all  of  the  people  upon  even  terms,  but  which  now  are  carried  on  in  secret  by  the 
emi)loyees  of  some  of  the  <jreat  corporations  and  used  exclusively  for  the  benefit  of 
those  corporations.  But  w<'  lind  that  in  the  growth  of  tlu'  adininistrati\'e  business  of 
the  country  there  has  come  up  in  various  departments  of  the  (iovernment  different 
branches  of  scientilic  investii^ation  and  different  bureaus  devoted  to  the  work  of  col- 
ii'diufi;  and  distiibuting  statistical  information.  And  one  of  the  i)urposes  of  the 
creation  of  this  Department  is  to  father  totrether  all  of  tlie  different  bureaus  now 
eniiaged  in  the  collection  of  statistical  information,  .so  that  the  duplication  in  the 
collection  of  statistics  which  now  exists  may  l)e  done  away  with,  to  the  benelit  l)oth 
of  the  Treasury  of  the  country  and  the  i)eople  who  make  use  of  the  statistics. 

For  instance,  we  have  in  the  State  Department  a  lUireau  of  Foreiirn  Connnerce 
primarily  enjiaj^ed  in  collectinii  and  distiil)Utin>i;  information  of  a  conunercial  and 
statistical  nature,  t^athered  tlirou<ih  the  consular  ser\  ice  from  foreij^n  countries.  As 
an  examj)le  of  the  api>arent  if  not  absolute  duplication  of  statistical  work,  I  may  call 
the  attention  of  the  committee  to  the  fact  that  the  lUireau  of  Foreign  ('onnnerce  of 
the  State  J)ei)artment  imblishes  quarterly  a  docunuMit  known  as  "  Exports  Declared," 
which  gives  the  declaration  of  exports  at  the  different  foreign  ports.  Now,  when 
goods  are  being  shi|)ped  abroad  to  this  country,  the  consignor  makes  out  a  duplicate 
copy  of  the  invoice  of  the  goods.  One  copy  of  the  invoi<'e  is  sent  by  the  consul  to 
tlie  State  Deiiartment  in  Washington,  from  which  the  Kxiiorts  Declared  are  made 
nji  by  consular  districts  or  ])orts  abroad.  When  the  jierson  importing  the  goods  in 
this  country  receives  his  invoice  and  makes  his  declaration  of  entry  at  the  oustoni- 
lioiise  here,  heatfaches  tlie  invoice  to  the  declaration,  and  tiie  customs otiicers  make  n\> 
their  report  of  the  goods  received,  base(l  in  most  cases  upon  the  invoice,  and  the 
IJureau  of  Statistics  of  the  Treasury  Dejiartment  makes  its  report  of  the  importation 
of  gofids,  based  upon  the  invoici',  an<l  they  putilish  their  set  of  statistics.  So  that 
the  I'lireau  of  Foreign  Ctimmerce  publishes  (lue  set  of  statistics,  based  upon  the  copy 
of  tile  invoice  whicli  it  receives,  and  the  I>ureau  of  Statistics  of  the  Treasury  Deparl- 
meiit  publishes  another  set  of  statistics  based  upon  the  duolicate  copy  of  the  invoici'. 
I  do  not  mean  to  say  that  this  may  not  be  a  proper  i>ublication,  because  the\' are 
arranged  upon  a  different  basis,  but  even  in  that  case  they  ought  to  be  arranged  with 
a  scientilic  knowledge  of  the  projier  relationship  of  the  two  reports. 


550  legislativp:  history 

In  addition  to  the  Bureau  of  Foreign  Commerce  of  the  State  Department,  we  have 
the  Bureau  of  Statistics  of  the  Treasury  Department,  the  Bureau  of  Immigration  of 
the  Treasury  Department,  the  Census  Office,  and  several  other  offices,  ))rimarily 
engaged  in  the  collection  of  statistics.  We  propose  to  consolidate  all  these  offices  in 
the  new  Department,  so  that  the  collection  of  statistics  may  he  proceeded  with  on  a 
scientific  hasis. 

Mr.  (tKAK1'\  Mr.  Chairman,  I  would  like  to  ask  the  gentleman  a  question. 

The  t^HAiKMAN.  Does  the  gentleman  yield? 

Mr.  Mann.  Certainly. 

Mr.  Graf1'\  Relative  to  the  provision  authorizing  tlie  President  to  transfer  statis- 
tical bureaus  in  the  other  departments  of  the  Government  to  this  Department  of 
Commerce  and  Labor,  is  it  obligatory  upon  the  President  to  df)  this  or  is  it  done 
when  his  discretion  moves  him  to  do  it? 

Mr.  Mann,  ft  is  not  ol)ligatory  ui)on  him  and  is  not  intended  to  in  any  way  make 
the  transfer  of  the  statistical  branch  of  the  Agricultural  Department.  I  supiiose  that 
is  what  the  gentleman  had  in  his  mind. 

Mr.  Gkafk.  That  is  true. 

Mr.  Manx.  I  do  not  suppose  that  under  this  provision  of  the  law  that  transfer  will 
ever  be  made,  and  certainly  it  will  not  be  made  unless  it  should  be  a  matter  recom- 
mended by  the  Agricultural  Department  itself;  Imt  there  are  various  branches  of  the 
public  service  engaged  in  the  collection  of  statistics  where  that  collection  is  a  dupli- 
cation jiractically  of  the  work  done  in  the  Census  Office,  and  it  is  desiraljle  to  permit 
that  work  to  be  done  by  the  new  Dej^artment.  If  we  did  not  authorize  tlie  transfer 
it  would  throw  out  of  gear  the  machinery  of  the  (Government,  if  the  work  were  to 
be  done  in  the  new  Department  and  stopped  in  the  old  department,  which  would 
be  the  other  way  of  getting  at  tlie  same  results.  This  provision  also  will  permit  the 
I'resident  to  transfer  to  the  new  Department,  if  it  shall  be  his  will,  the  main  portion 
of  the  (Geological  Survey,  scientific!  in  its  character,  but  which  we  could  not  well 
transfer  in  this  l)ill  because  a  portion  of  the  work  is  devoted  primarily  to  the  land 
surveys  and  it  would  have  jmuhK^ed  a  confusion  to  make  a  transfer  of  the  entire 
Survey. 

Mr.  Maddox.  Mr.  Chairman,  may  I  ask  the  gentleman  a  (jnestion? 

The  Chairman.  Does  the  gentleman  yield? 

Mr.  Mann.  Certainly. 

Mr.  Maddox.  My  question  relates  to  the  transfer  of  these  statistical  bureaus  from 
the  other  departments.  Is  there  anything  in  this  bill  now  that  proposes  to  do  away 
with  this  duplicate  work,  or,  in  other  words,  are  we  to  carry  on  this  duplicate  work 
by  two  or  three  sets  of  men  gathering  different  kinds  of  statistics? 

Mr.  Mann.  This  bill  incorporates  into  the  new  Bureau  the  live  chief  branches  of 
the  Government  .service  engaged  in  statistical  work.  It  propo.ses  t(j  authorize  the 
Pre.sident  to  transfer  to  the  lUnvau  other  branches  of  the  service  engaged  in  statis- 
tical work.  I  can  not  say  how  far  that  juay  be  done.  For  instance,  here  is  the  Com- 
missioner of  Education.  A  large  portion  of  his  work  is  not  statistical;  a  large  share 
of  the  work  now  performed  by  his  office  is  statistical.  A  great  deal  of  the  work  per- 
formed by  his  office  is  also  jierformed  practically  and  to  a  large  degree  by  the  Census 
Office.  This  bill  would  permit  the  President  to  transfer  to  the  new  Department  the 
statistical  work  done  by  the  Conunissioner  f»f  Education  if  he  chooses  to  do  so.  It 
would  jiermit  the  statistical  work  done  by  the  Interstate  Commerce  (Viunnission  to 
lie  transferred  to  this  Department.  The  Interstate  Commerce  ('onunission  has  cer- 
tain diviiled  duties — one  of  those  duties,  and  the  principal  one,  being  semijudicial  in 
its  character.  It  relates  to  railroad  rates  and  discrinnnations  and  to  the  punishment 
of  those  who  receive  rebates.     Another  of  its  duties  is  purely  statistical. 

Mr.  Maddox.  The  gentleman  does  not  seem  to  get  my  idea. 

Mr.  Mann.  I  will  say  to  the  gentleman  that  the  purpose  of  the  bill  is  to  do  away 
with  the  duj)lication  of  statistics. 

Mr.  Maddox.  That  is  what  I  wanted  to  know. 

Mr.  Mann.  And  we  try  to  reach  that  in  the  bill  so  that  we  will  do  away  with  the 
duplication  of  statistics  entirely. 

Mr.  Maddox.  That  is  the  object  of  the  bill? 

Mr.  Mann.  That  is  one  of  the  main  objects  of  the  bill. 

Mr.  Maddox.   Well,  that  is  a  good  jiurpose  if  that  is  what  it  means. 

Mr.  Lacey.  Mr.  Chairman,  I  would  like  to  ask  the  gentleman  a  (|uestion. 

The  Chairman.   Does  the  gentleman  yield? 

Mr.  Mann.   I  yield  to  the  gentleman  from  Iowa. 

Mr.  Lacey.  I  notice  that  it  transfers  the  seal  and  salmon  fisheries  in  Alaska  to  this 
new  Oi'partment.  Now,  under  the  present  arrangement,  the  law  is  enforced  through 
the  Revenue-Cutter  Service.  This  will  take  away  from  the  Secretary  of  the  Treasury 
the  control  of  this  business,  transferring  it  to  another  department,  whicli  will  have 


LEGISLATIVE    HISTORY  551 

HA  iiiafliiiiery  witli  wtiicli  In  ciil'drcf  (lie  law.  Is  tlicic  nut  (lanj,'i'i'  of  tliat,  aii<l  has 
that  matter  been  con^iidiTrd  hy  the  eoimnittee? 

Mr.  Ma.w.  I  will  say  to  my  friend  from  Iowa  that  I  uiiderstand  that  the  tran.sfer 
of  this  hraiu'h  of  the  service  meets  the  ait|)roval  of  the  'I'reasury  Departiiu'iit.  1  am 
not  cerrain  hut  that  the  ^'entleiiian  may  he  correct  as  to  the  need  of  the  lievemie- 
("utter  Service  in  onler  to  properly  ])roteet  the  seal  and  salmon  iisheries  of  Alaska. 
1  jiromise  the  jj;entieiiian  that  I  will  look  into  the  matter  further.  1  am  not  person- 
ally ai-qnainted  with  tlie  service. 

Mr.  Lac'KV.  Mr.  Chairman,  if  the  Revenue-C'utter  Service  is  not  needed  in  connec- 
tion with  tliese  Iisheries,  what  is  tliere  for  the  Revenue-Cutter  Service  to  do  in  Alaska? 
.\s  I  understand  it,  the  i)rineipal  work  that  they  have  been  perforiniiiL'  there  has 
lieen  to  look  after  the  seals  and  salmons. 

Mr.  Manx.  Tlu\<;entleman  knows  my  views  u|>on  the  subject  of  the  Uevenue-(  'utter 
Service  and  i)erhaps  that  is  the  reason  he  asks  the  (piestion. 

Mr.  Lai'KV.  1  was  not  askiii*,' for  the  ir<'ntleman's  views.  I  was  delving'  for  facts. 
I  wanted  to  ascertain  what  arrangement  Ihei-e  is  to  jirotect  the  seals  and  the  Iisheries 
there  if  we  transfer  this  business  to  a  department  that  has  not  anythinjz;  alloat  with 
which  to  look  after  these  various  matters.  Seriously,  it  seems  to  me,  that  this  tru.ns- 
fer  ought  not  to  be  made,  and  there  ought  to  ])esome  good  reason  for  making  it,  if  it 
is  transferred  to  a  department  that  has  not  anything  in  the  world  with  which  to 
enforce  the  law. 

Mr.  Manx.  Mr.  Chairman,  the  gentleman  from  h)wa  [Mr.  Lacey]  has  given  a 
good  deal  of  consideration,  as  I  rememi  er  it,  to  the  subject,  not  only  of  game,  butof 
fisheries,  in  Alaska  and  elsewhere,  and  there  is  no  one  in  this  body  for  whoseoj>inion 
upon  that  subject  1  have  greater  respect;  and  I  will  invite  hisattention  to  this  thought: 
The  seal  business  of  Alaska  amounts  to  but  little  now.  We  all  know  the  regulations 
in  regard  to  it,  and  we  all  know  the  difficulties  about  enforcing  any  regulations  which 
we  may  seek  to  make;  but  the  lishery  busine.ss  of  Alaska  is  of  great  importance.  The 
Alaska  fisheries  are  of  value.     The  Alaska  seals  are  not  of  much  value  now. 

The  gentleman  from  Iowa  well  knows  that  there  is  danger  that  the  salmon-fishing 
l)usiness  of  Alaska  will  be  wijjed  out  of  existence.  The  gentleman  from  Iowa  well 
knows  that  the  other  Alaska  Iisheries  are  now  threatened  with  extinction  for  lack  of 
j)roper  regulation  and  c(.)ntrol.  The  Treasury  Department  is  not  engaged  and  can 
not  be  engaged  in  the  protection  of  the  industrial  interests  of  the  country.  The 
Treasury  Department  has  the  great  questions  of  finance,  of  income  and  disburse- 
ments, ui)on  its  shoulders.  It  has  the  questions  of  currency  which  agitate  us  so 
often.  But  here  is  a  department  which  we  propose  shall  devote  itself,  primarily, 
after  the  collection  of  information,  to  the  protection  of  the  industries  of  the  country, 
so  that  it  may  make  to  Congress  proper  recommendations  and  reports  upon  these 
subjects;  and  no  doubt  when  the  Alaska  fisheries  are  transferred  to  the  new  Depart- 
ment of  Connuerce,  and  the  Secretary  of  that  Department,  through  his  subordinate 
otHcials,  givi'S  to  this  sul^ject  his  beijjt  attention,  we  will  have  presented  to  Congress 
in  some  pro])er  and  forcible  manner  the  need  of  legislation,  for  lack  of  which  the 
fisheries  are  in  danger  of  becoming  extinct. 

-Mr.  Chairman,  with  the  transfer  of  the  Bureau  of  Immigration  to  the  new  Depart- 
ment, we  have  ])roposed  the  transfer  of  the  control  over  the  subject  of  the  exclusion 
of  Chinese.  We  haveendeavoreil  toguard  this  matter  very  carefully.  The  jirovision 
in  the  Senate  bill  has  been  changed,  but  I  am  not  sure  yet  whether  the  gentleman 
from  California  [Mr.  C(»)ml)s]  may  not  desire  to  j^resent  some  further  amendment 
up(tn  that  subject  for  the  considei-ation  of  the  connnittee. 

I  belit've,  Mr.  Chairman,  that  if  we  create  this  Department  we  will  find  that  it 
meets  the  approval  of  all  the  interests  of  all  our  country.  While  in  the  end  it  will 
undoubtedly  entail  some  additional  expense  upon  the  country,  it  will  in  some  of  its 
particulars  restrict  the  i)resent  expenditures,  and  our  country,  which  is  growing 
great  so  rai)idly,  can  aff(jrd  at  this  time  to  create  a  branch  of  the  service,  the  head 
of  which  shall  have  a  seat  in  the  President's  Cal)inet,  devoted  to  the  industries  of 
the  country,  devoted  to  furnishing  information  for  the  benefit  of  the  people  of  our 
country  engaged  in  industrial  j)ursuits,  a  department  w  hich,  like  the  De])artment  of 
Agriculture,  will  take  its  place  among  thescieutitice  branches  of  public  service  in  the 
world. 

No  branch  of  our  public  service  anywhere  stands  so  high  abroad  for  its  scientific 
work  as  our  Dejiartment  of  .\gricultin-e  does.  May  we  hope  in  the  future  that  the 
Dei>artment  of  Commerce  an<l  Labor  may  occupy  a  position  ui)on  an  eciually  high 
plane.     [Applau.se.] 

.Mr.  Ri(  iiAKDsoN,  of  Alal)ama.  Mr.  Chairman,  I  think  it  advisable  at  this  stage  of 
the  discussion  for  me  to  explain  as  wi'll  as  1  can  the  position  of  tlu^  minority  on  the 
(juestion  of  this  De[)artmentof  ('oinmerceand  Lalxjr.  Atthejiroper  time  I  will  move 
to  strike  out  from  the  title  of  the  bill  and  from  each  section  in  the  bill  the  words 


552  LEGISLATIVE    HISTORY 

"and  Labor,"  so  that  it  will  read,  "To  establish  the  Department  of  Commerce."  I 
can  not  understand,  Mr.  Chairman,  why  there  is  such  an  anxiety  to  include  the 
present  Department  of  Labor  in  the  Department  of  Commerce  and  Labor.  It  is 
readily  and  easily  understood,  it  seems  to  me,  and  will  ))e  readily  comprehended  by 
any  gentleman  on  the  floor  of  the  House  who  will  take  the  trouble  to  read  the  exten- 
sive hearings  before  the  Committee  on  Interstate  and  Foreign  Commerce  on  the  sub- 
ject, that  whenever  that  is  done,  the  independent  Department  of  Lal)or  as  it  is  to-day, 
created  by  an  act  of  Congress,  will  be  i)laced  in  an  overshadowed  and  subordinate 
position. 

I  repeat,  Mr.  Chairman,  that  if  anyone  will  read  carefully,  calmly  and  dispassionately 
the  hearings  on  this  subject  it  will  be  perfectly  manifest  that  that  will  be  the  position 
of  labor  in  this  Department  of  Commerce  and  Labor.  It  will  occupy  a  subonlinate 
andovershadowed  position.  This  bill  in  effect  strii)s  the  Department  of  Labor  of  the 
dignity  it  has  earned  and  deserves.  Any  man  that  is  fair  in  this  House  would  see, 
if  he  would  think  of  the  matter  for  a  moment,  that  the  Secretary  of  this  Department 
of  Commerce  and  Labor  is  in  nowise  likely  to  be  a  representative  of  labor,  either 
organized  or  unorganized.  You  may  say  that  a  Secretary  ought  not  to  represent  the 
interests  of  any  class.  So  do  I  say  that.  But  can  any  man  shut  his  eyes  to  the  over- 
whelming prol)abilities,  yea,  certainty,  in  this  matter?  Who  is  asking  for  the 
Department  of  Labor  to  lie  included  in  this  new  Department  of  "Commerce  and 
Labor?"  I  propound  that  question,  and  I  ask  that  it  be  answered  in  the  discussion 
of  this  ])ill.  Labor  is  not  asking  it,  but  is  earnestly  protesting  against  it.  I  am 
not  here,  Mr.  Chairman,  in  the  most  indirect  manner  to  indulge  or  engage  in 
"pyrotechnics"  or  so-called  demagogism  of  any  kind  whatsoever,  but  to  present  a 
fair,  just,  and  proper  consideration  of  this  great  subject.  I  am  not  here  to  ignore 
that  which  is  right  and  ought  to  be  done.  The  Brotherhood  of  Locomotive  Engineers, 
the  Brotherhood  of  Locomotive  Firemen,  the  Order  of  Railway  Conductors,  the 
Order  of  Railway  Trainmen,  the  American  Federation  of  Labor,  and  the  Seaman's 
Union  all  have  entered  an  earnest  protest  against  the  passage  of  this  bill  with  the 
Department  of  Labor  included  in  it.  The  recent  report  of  the  United  States  Indus- 
trial Commission  shows  that  the  number  of  employees  engaged  in  railway  serv- 
ice— which  these  railway  labor  organizations  represent — approximate  fully  1,000,000 
employees,  upon  whom  5,000,000  j^eople  are  dependent. 

These  are  the  jieople  who  protest  most  solemnly  and  earnestly  against  this  transfer 
of  the  I)ei>artment  of  Labor  to  the  new  Department  of  Commerce  and  Lal)or,  giving 
good  and  solid  reasons  for  it.  Mr.  Chairman,  it  can  be  safely  said  that  more  than 
10,000,000  of  our  people  are  engaged  in  manual  labor,  earning  their  subsistence  from 
daily  wages.  It  is  not  necessary  for  me  to  enter  into  these  details  and  statistics. 
Then,  I  ask  again,  who  are  the  peoi^le  and  what  are  the  interests,  in  the  face  of  this 
protest,  that  demand  that  the  transfer  of  the  Department  of  Labor  be  made?  We 
know  that  the  labor  interests  object.  Why,  Mr.  Chairman,  that  great  interest  of- 
the  employers,  who  in  a  comprehensive  sense  are  synonymous  with  commercial 
men,  among  whom  friction  upon  the  qnestion  of  labor  arises.  They  are  the  people 
who  are  asking  that  labor  be  transferred  to  this  Department.  I  say,  if  any  friction 
arises,  jnflging  from  the  past,  it  arises  exactly  with  those  interests,  those  enterprises, 
and  those  industries  to  which  labor  will  be  subordinated  in  this  new  Department  of 
Commerce. 

AVill  not  such  a  forced  and  unwilling  and  incompatible  relation  create  on  the  part 
of  labor  suspicion,  distrust,  and  discontent,  and  measurably  destroy  the  usefulness 
and  ethcieney  of  the  new  Department?  Now,  Mr.  Chairman,  I  will  refer  briefly 
to  the  character  of  the  interests  and  the  representatives  that  ask  that  labor  be 
included  in  the  proposed  new  Department,  and  in  doing  so  I  in  no  manner  desire  to 
reflect  upon  the  intelligence,  the  sincerity,  or  the  patriotism  of  the  representatives 
of  those  interests.  I  accord  to  them  full  honesty.  The  first  I  notice  is  the  state- 
ment of  the  ])resident  of  the  Manufacturers'  Association  of  the  United  States.  He 
said  before  the  committee: 

The  creation  of  an  additional  Federal  department  of  the  character  suggested,  with  representation 
in  the  Cabinet  of  the  President,  would  be  of  great  advantage  to  the  business  interests  of  tlie  country, 
and  would  thus  promote  the  material  welfare  of  tlie  )iatioii.  There  are  innumerable  problems  which 
very  vitally  coiu'ern  the  mannfarturin.i,'-  and  ('(imiiierciiil  interests  of  the  country,  the  consideration 
of  which  would  properly  come  witliin  tlie  seo|ic  of  tlie  jiroposed  1  leiiiirlinent. 

To  cite  a  single  sjtecitic  fnncti(in  wliich  wmild  properly  fall  to  that  heiiartment,  I  need  only  point 
out  the  cnoniKuis  importauci'  of  tlu'  e.\|inrt  tracie  of  the  United  States  in  manufactured  products. 
During  tlie  calendar  year  UtOl  tlu'  total  exports  from  the  United  States  amounted  to  SI, 1:^,000,000,  of 
which  |:>l)r),0(iu,li0ll  consisted  of  inaniifiicturcd  products,  equal  to  over  27  jicr  cent  of  the  total. 

In  the  last  tt'U  yearsdiircxiKirtsof  manufactured  ]irodui'ts  ha\'e  incrcasc(l  more  than  threefold,  and 
to  everyone  who  has  studied  the  possibilities  (if  our  exiiort  tra<le  it  must  he  apparent  that  the  growth 
of  the  jiext  ten  years  in  this  particular  direction  will  probably  exceed  very  largely  the  increase  of  the 
past  de<'ade. 

It  should  be  the  function  of  such  a  department  as  is  proposed  in  the  pending  bill  to  assist  in  every 
feasible  way  in  the  extension  of  the  export  trade  of  our  matHifactures. 


LECHSLATIVK    IIISTOHV  553 

We  had  also  tlie  statemont  of  Air.  Noyes,  of  Chicago,  Mr.  Anderson,  of  I'ittslmrfj:, 
I'a.,  l)oth  of  whom  were  hitrhly  cultivated  coniinercial  gcntlciucii,  and  Mr.  l?asH,  a 
iiiaiiiifai'tiin'r  of  nuu'hiiici y  in  New  York  and  an  cxi)ortcr,  togctiicr  witii  Mr.  Prince, 
<if  Ni'W  Mexico,  an<l  .Mr.  Hntler,  of  San  Francisco,  who  jointly  represented  tlu^trans- 
.Mississippi  Congress.  There  were  several  other  re[>resentatives  wiio  also  inadestate- 
nients  before  tiie  coinnnttee,  hnt  these  serve  to  illustrate  and  deline  clearly  the 
interests  and  inlluence  urging  the  passage  of  this  hill  and  the  suhniergenee  of  lahor 
in  the  new  Department.  l>ut  yet  it  has  heen  earnestly  contended  hy  many  of  the 
representative  gi'ntiemen  whom  I  have  referred  to,  and  indeed  ))y gentlemen  on  this 
lloor,  that  tiiey  knew  lirtter  what  was  to  tln^  interests  of  lahor  than  the  lal)oring 
ilasses  or  lahor  organizations  knew.  Mr.  Chairman,  it  is  hut  the  impulsti  of  human 
nature  to  look  shyly  on  the  motives  of  those  who  protest  that  they  love  and  look 
after  our  interests  and  our  welfare  hetter  than  we  can  look  after  our  own  interests. 
They  fn-ely  ignore  the  accepted  idea  that  self-interest  is  the  lirst  law  of  nature.  In 
this Connei'tion,  ]\Ir.  (/hairman,  I  will  read  from  the  statement  of  Mr.  A.  Fnrnseth, 
representative  of  the  Seaman's  Union,  which  exi)resses  most  forcibly  the  opiui.iii  of 
lahor  on  this  subject: 

Tlio  CiiAiuMAN.  <iivc'  tl\c  eommittoo  ynur  idea  now  of  thnt  class  of  advice,  that  class  of  consulta- 
tiinis  l)ct\V(c'ii  the  President  and  the  head  of  thissreat  l)eiiartnienl,  for  instance,  on  the  subject  of 
poninierce,  that  would  he  inimical  to  labor,  or  on  the  subject  of  labor  that  would  be  inimical  to  com- 
morce,  as  it  would  be  considered  by  tlu'  head  of  a  sreat  department  like  this. 

Mr.  Fi'RiSETii.  Well,  1  have  not  personal  exi>erience  or  personal  knowledge  enough  about  either 
to  be  able  to  say  what  kind  of  advice  a  (iovernment  ollieor  gives,  lait  I  want  to  .say  this: 

I  have  no  knowledge  of  what  a  Cabinet  ollicer's  duties  are,  but  what  1  am  concerned  in,  and  what 
la\)or  aboxe  all  other  thiu.gs  is  concerned  in,  in  my  opinion,  as  1  know  it,  is  that  the  information  fur- 
nished the  iiublic,  furnished  to  Congress  fur  its  use,  dealing  with  the  condition  of  the  working  people 
as  to  the  hours  of  work,  as  to  the  time,  a.s  to  the  pay  that  they  receive  for  it,  as  to  the  prices  of  ihiug.s 
that  they  have  got  to  buy  to  live,  their  actual  everyday  living  conditions — that  which  touches  us 
every  morning  when  we  go  to  work  and  touches  us  again  at  night  when  we  come  from  work — these 
cjueslious  are  to  ns  everything  in  the  world,  because  upon  the  condition  that  we  have  there  depi'Uds 
our  whole  life.  It  deteruiines  what  kind  of  education  our  chililren  shall  have.  It  determines  what 
kind  of  clothes  our  wives  shall  wear.  It  determines  the  hopes  and  aspirations  we  may  have  for  our- 
selves and  our  posterity. 

The  CiiAuiMAN.  But  is  not  that  common  to  all  the  people? 

Mr.  FfuisKTU.  Tt  is;  but  not  in  the  same  degree  that  it  is  common  to  labor.  Since  yon  have  asked 
the  <iuestion  I  might  as  well  state  a  word  more — one  that  I  said  in  the  labor  committee  about  a  year 
ago.  There  is  in  the  nunds  of  the  working  ])eople,  as  I  know  it,  a  fear,  not  only  that  the  condition 
is  not  going  to  be  better,  but  that  the  condition  is  going  to  be  worse.  There  is  a  fear  that  in  the 
changing  of  the  industrial  system  that  is  taking  place  the  working  peoi)le  are  to  be  again  i>laced  by 
legislative  act  and  assisteil  by  legislation,  in  the  relation  to  industrial  appliances,  in  tlu'  same  posi- 
tion that  they  once  were  i)lace(l  with  reference  to  land.  There  is  a  fear  of  that.  Whether  that  is 
justified  or  not  is  aiiuesliou,  but  that  the  fear  is  there  anil  tliat  they  look  upon  and  look  toward  every 
step  taki'ii  as  either  asteji  from  that  fear  or  toward  that  danger  there  is  no  question  at  all. 

The  Labor  Bureau  is  a  department  which  has  been  organized  for  the  specilicr  ]iuri)ose  of  giving  to 
the  ]ieopie  the  truth  ollicially — the  truth  as  to  thi;  actual  couditions  of  the  w<irkiug  people — to  the 
end  that  the  statesmen  may  use  that  in  order  to  arrive  at  better  and  better  cou'litious  without  dis- 
ruption of  existing  forms  of  society.  When  the  workingmau  finds  that  this  is  to  be  covered  in  some- 
thing else  in  such  a  way  as  to  take  away  its  strength,  its  etticiency,  its  reliability,  lie  is  at  once  full 
of  suspicion — he  fears  it.  He  fears  it  as  he  fear-i  arbitration  laws.  He  fears  it  as  he  fears  injunctions. 
He  fears  it  as  he  fears  those  combinationB  that  make  it  possible  for  one  man  to  say  how  much  I  shall 
get  a  <lay  and  how  many  hours  of  labor  I  ^hall  work,  or  whellicr  I  shall  work  at  all  or  not. 

He  feels  it.  He  feels  it  every  day  siud  fears  it,  and  through  those  fears  and  apprehensions  there 
runs  the  sentiment  of  the  working  i>eop!e,  .something  that  very  lew  men  who  have  not  been  among 
the  working  people,  who  do  not  live  there  ami  feel  there  all  the  time,  can  grasp  or  get  hold  of.  It  is 
a  fear  that  at  the  jireseiit  time  is  almost  nauieless,  because  it  is  not  understood  even  among  them- 
selves: but  the  fear  is  there,  and  anything  that  is  done  toward  creating  a  stronger  fear,  anything 
that  is  done  that  will  add  to  that  apprehension,  will  Iiave  a  disquieting  influence  and  will  be  disas- 
trous to  the  confidence  that  the  working  people  w'ould  so  gladly  continue  to  liave  in  the  legi.shitive 
branches  of  the  (iovernment  of  the  I'nited  States. 

Can  anyone  read  the  al)ove  statement  made  by  the  president  of  the  Manufacturers' 
Association  of  the  Uniteil  States  and  not  plainly  see  that  he  thinks  that  the  chief 
function  of  the  Department  of  Connnerce  and  Labor  woidd  be  to  look  after  our 
export  trade?  Do  you  or  anyone  else  believe  that  the  Alanufacturers'  Association 
would  aece[)t  a  rei)resentative  of  labor  as  a  suitable  man  for  Secretary  of  such  a 
Department?  Why,  no.  The  next  that  I  call  attention  to  is  the  statement  of  the 
general  counsel  of  the  National  Jhisiness  League,  Air.  John  W.  FJa: 

Mr.  RiciiAnDSON.  Now,  I  am  not  understating  the  importance  of  the  manufactures  of  this  country, 
but  I  am  calling  your  attention  to  the  fa<-t  that  while  you  are  laying  a  great  deal  of  stress— and  prop- 
erly— on  the  manufacturing  interests,  does  not  labor  occu)iy  a  position  equally  important,  and  would 
it  not  l)e  of  as  much  importance  as  the  manufacturing  interest.s? 

Mr.  Ela.  I  certainly  think  so,  and  I  think  the  interests  of  labor  will  lie  much  better  taken  care  of 
in  this  Department  than  if  they  were  left  in  a  bureau  by  themselves. 

I  ri'fer  now  to  the  statement  of  Mr.  George  II.  Barbour,  representing  the  AVestern 
manufacturers. 

Mr.  BARiioiR.  I  am  simply  here  to  represent  the  Western  manufacturers,  which  yon  of  course  all 
know  during  the  last  twenty-five  years  have  be<'omc  very  iirominent.  In  my  own  city,  Detroit,  we 
excel  ill  some  jjarticular  lines  of  manufacture.  In  the  line  which  1  rejiresent,  stoves,  we  do  one-tifth 
of  the  business  of  the  whole  United  States,  jf.MWO.UdOof  ijroducts,  and  there  are  f:3t),UU0,000  toS35,0(X),000 
of  products  in  the  United  States. 


554  LEGISLATIVE    HISTORY 

To  mention  some  other  varieties  of  manufacture,  21,000  wooden  ears  are  turned  out  by  the  Ameri- 
can Car  Company,  at  a  value  of  over  813,000,000,  giving  employment  to  over  4,000  people. 

Now,  Mr.  Chairman,  what  is  the  situation  in  this  case?  Why,  sir,  this  is  no  new 
question.  It  has  been  under  discussion  for  many,  many  years.  By  an  act  of  Con- 
gress of  June  27,  liSS4,  a  Jlureau  of  Labor  was  created  and  ])laced  in  tlie  Department 
of  the  Interior  and  was  under  tlie  charge  of  a  Conunissioner  of  Labor  with  a  salary 
of  $:^,000  a  year.  Afterwards,  on  the  13th  day  of  June,  1888,  Congress  passed  an  act 
to  estaljlisli  a  Department  of  Labor.  The  Bureau  of  Labor  assigned  to  the  Interior 
Department  was  ])y  this  last  act  abolished.  Under  the  act  of  1S88  labor  was  elevated 
and  accorded  more  dignity  and  more  position  by  putting  it  in  an  independent 
department.  The  authority  of  the  Commissioner  of  Labor  and  the  scope  of  the 
authority  and  province  of  the  Department  of  Labor  was  greatly  enlarged  by  reason 
of  the  very  beneficial  work  that  the  I^ureau  of  Labor  had  ilone  for  years  jjast.  The 
work  performed  by  the  Department  of  Laborin  its  independent  capacity  and  free  from 
the  control  of  any  of  the  great  dejiartments  of  oiu' (iovernment  is  in  every  respect 
creditable,  t'ongress  has  manifested  its  conlidence  in  tlie  Department  f)f  Labor  by 
the  passage  of  joint  resolutions  and  otherwise  calling  for  valnal)le  information,  I 
will  call  the  attention  of  the  committee  to  a  few  of  such  instances. 

Joint  resolution  No.  29,  August  2,  1886: 

The  Commissioner  of  Labor  is  hereby  authorized  and  directed,  under  the  direction  of  the  Secretary 
of  the  Interior,  to  make  a  full  investigation  as  to  the  kind  and  amount  of  work  performed  in  the 
penal  institutions  of  the  several  States  and  Terriloriesof  the  United  States  and  the  District  of  Colum- 
bia, as  to  the  methods  under  wliich  convicts  are  or  may  be  employed,  and  as  to  all  the  facts  pertain- 
ing to  convict  lalxir  and  the  inliuenceof  the  same  upKin  the  industries  of  the  country,  and  embody 
the  results  of  such  investigation  in  his  second  annual  report  to  the  Secretary  of  the  Interior. 

Bill  of  appropriations  for  the  fiscal  year  ending  June  30,  1896,  contained  the  fol- 
lowing item: 

The  Commissioner  of  Labor  is  hereby  authorized  to  make  an  investigation  relating  to  the  economic 
aspects  of  the  liquor  problem,  and  to  report  the  results  thereof  to  Congress. 

Joint  resolution  No.  43,  August  15,  1894: 

The  Commissioner  of  Labor  is  hereby  authori/.ert  and  directed  to  investigate  and  report  upon  the 
effect  <>(  tile  use  of  machinery  upon  lai)or  and  the  cost  of  j)r(iductii>n,  the  relative  productive  power 
of  hand  anil  uiacliiiie  lalior,  the  cost  of  manual  and  machine  power  as  tliey  are  used  in  productive 
industrii's,  the  elfect  upon  wages  of  the  u.se  of  macdiinery  operated  l)y  women  and  children,  and 
whether  changes  in  tlu'  creative  cost  of  products  are  due  to  a  lack  or  to  a  surplus  of  labor  or  to  the 
introduction  of  power  machinery. 

Bill  of  appropriations  for  the  fiscal  year  ending  June  30,  1888,  contained  the  fol- 
lowing item: 

To  enable  the  Commi.ssioner  of  Labor  to  collect  and  report  to  Congress  the  statistics  of  and  relating 
to  marriage  and  divorce  in  the  several  States  and  Territories  and  in  the  District  of  Columbia,  110,000. 

Second  special.  Labor  Laws  of  the  United  States:  This  report,  published  in  1892, 
was  prepared  at  the  request  of  the  Committee  on  Interstate  and  Foreign  Commerce 
of  the  House  of  Representatives,  to  which  had  been  referred  a  resolution  of  the  House 
"  providing  for  the  compilation  of  the  labor  laws,  etc.,  of  the  various  States  and  Ter- 
ritories and  the  District  of  Columbia."  By  concurrent  resolution  of  March  5,  1896, 
5,000  additional  copies  were  ordered  to  be  printed — 

and  the  Conunissioner  of  Labor  is  hereby  authorized  to  revise  said  report  to  include  the  labor  legisla- 
ion  subse(|ueut  to  the  year  1891,  and  to  annotate  the  report  with  reference  to  decisions  of  courts  under 
the  laws  comprehended  therein. 

Senate  resolution  of  December  4,  1890: 

The  Commissioner  of  Labor  is  hereby  directed  to  examine  and  report  the  extent  of  the  pho.sphate 
industry  in  the  United  States,  the  number  of  laborers  employed,  and  the  opportunities  for  the 
employment  of  labor  in  the  futvire  development  of  the  phosphate  deposits. 

Joint  resolution  No.  22,  July  20,  1892: 

The  Commissioner  of  Labor  is  hereby  authorized  and  directed  to  maJce  a  full  investigation  relative 
to  what  is  known  as  the  shuns  of  cities,  confining  such  investigation  to  citit-s  containing  200,000 
inluibitaiits  and  over,  as  shown  by  the  Klevenlh  Census.  The  investigation  shall  relate  to  the  occu- 
pations, earnings,  sanitary  surroundings,  and  other  essential  facts  necessary  to  show  the  condition  of 
residents  of  such  localities,  and  to  show  so  far  a.>-  it  may  be  done  the  condition  of  such  re.sidents  com- 
pared with  residents  of  cities  of  similar  size  in  other  countries. 


Statistics  of  cities,  chapter  546,  section  1,  Laws  of  1898: 


Tlie  Commissioner  of  Labor  is  authorized  to  compile  and  publish  annually,  as  apart  of  the  Bulletin 
of  the  Department  of  Labor,  an  abstract  of  the  main  features  of  the  official  statistics  of  the  cities  of 
the  United  States  having  over  30,000  population. 

In  the  Senate  of  the  United  States, 

AjJi-it  29,  1897. 

Resolved,  That  the  Commissioner  of  Labor  be,  and  is  hereby,  directed  to  send  to  the  Senate  a  state- 
ment of  the  cost  per  thousand  feet,  board  measure,  of  producing  white  pine  lumber  in  the  United 
States  and  in  Canada,  respectively;  the  statement  to  include  the  cost  of  lumbering,  or  the  work  in 
the  woods,  and  the  cost  of  manufacturing,  or  the  millwork,  in  two  separate  items,  including  also  the 
cost  of  stumpage. 


LEGISLATIVE    IITSToRV  l)i)l) 

In  TiiK  Sknatk  op  tiik  United  States. 

Jiinr  ^'1!,  iS'jr. 
Kr.inlvnl,  That  tlio  Oominissionor  of  Ijivbor  1)0,  and  is  luToby,  diroctod  to  collect  frniii  ollicinl 
sources  or  otluTwiso,  if  necessary,  iufornuition  relating' to  total  cost  and  labor  cost  of  i>rodiiction  in 
liftei'n  of  till' Icadinir  inilnslries  comnion  to  this  country,  (ircat  Hritiiin,  France,  Ucli;iiini,  and  (Jir 
many,  and  rc|iiirt  tiie  results  of  liis  iiKjtiiries  to  the  Seiiati"  as  soon  after  tlic  niceliuK  of  the  sc<-ond 
session  of  the  Filtyliftli  Congress  as  ]iossihh':  Pniriih  il.  That  the  in(|iiirics  hereby  antliorized  shall  he 
carried  on  under  the  residar  ajiproiiriations  iiiadi.'  for  the  iJepartnient  of  Lalxir. 

W.M,  R.  (;o.\,  SdTildri/. 

A  report  on  tliti  "effect,  of  the  international  copyrijilit  hivv  of  the  United  States" 
was  nuule  in  conipiiance  with  a  re.><olntion  of  tiie  I'liited  States  Senate  on  January 
2,S,  liHX),  a.s  follows: 

RtKolnd.  That  the  Commissioner  of  L.\l)or  he,  ami  is  hereby,  directecl  to  investigate  the  elVect 
upon  hihor,  production,  and  wases  of  tlie  international  copyriirht  act  ••ipproved  March;!,  Is'.tl,  and 
report  the  results  of  liis  iiKiiiiries  to  the  Senate  or  tlirouufh  the  liiilletin  of  the  Di'partnient  of  Labor: 
PiDviddl.  That  the  investiKatii>n  liereby  authorized  sliall  be  carrieil  dut  under  tlie  rcLruIar  appropria- 
tions made  for  the  department  of  Labor. 

The  (lata  fnrnished  heretofore  refer  to  ]ni])lieatioiis  already  issued.  'I'here  is  now 
in  tlu'  hands  of  the  printer  a  report  of  the  ("oimnissioner  of  Labor  on  Hawaii,  to  be 
known  as  "Senate  Docninent  No.  1(>9,  first  session  of  the  Fifty-seventh  Conu;re.s.s, " 
prepared  in  aeeordanee  with  the  followinfj;  provisions  of  an  act  ai)pnived  April  ;50, 
1900: 

It  shall  be  the  duty  of  the  T'nited  States  Commissioner  of  Lidjor  to  collect,  assort,  arranse,  and  pre- 
sent in  aininal  reports  statistical  details  relating,'-  to  all  departmeids  of  lalior  in  the  Territory  of 
Hawaii,  especially  in  relation  to  the  commercial,  industrial,  soi'ial,  educational,  and  sanitary  condi- 
tion of  the  laboriiis?  classes,  atid  to  all  such  other  subjects  as  Con,t,'ress  may  liy  law  direct.  The  said 
Commissioner  is  especially  charged  to  a.scertain,  Jit  as  early  a  date  as  jiossible,  and  as  often  thereafter 
a.s  such  information  may  be  recjuired,  the  highest,  lowest,  and  average  iiinuber  of  employees  t'ligaged 
in  the  various  industries  in  the  Territory,  to  be  classified  a.s  to  nativity,  sex,  hours  of  labor,  and  con- 
ditions of  employment,  and  to  report  the  same  to  Congress. 

All  that  tlie  Department  of  Labor  lacks  now  is  to  have  a  Secretary  to  take  a  seat  in 
the  Cabinet  (d"  the  rresident.  Why  should  this  independent  Department  of  Labor, 
that  is  off  to  itself,  and  has  accoini)lished  such  jjreat  good — wliich  the  record  clearly 
shows — why  should  it  l)e  transferred  to  the  Dejiartment  of  Comnierce  along  with  the 
luireansof  Fish  and  Fisheries,  Light-House  Service,  Coast  anil  tieodetic  Siu'vey,  and 
soon?  It  is  now  an  independent  department,  doing  good  service  for  the  country, 
and  why  change  it?  Again,  ]\Ir.  Chairman,  1  think  I  have  the  right,  on  an  occasion 
of  tins  kind,  when  this  great  subject  is  under  discussion,  without  being  charged  with 
being  alarmed  at  the  "rustling  of  tlie  overalls,"  as  some  gentlemen  are  willing  to 
say,  to  refer  to  the  action  of  the  two  great  political  parties  of  this  country  on  the 
subject  of  labor.  It  is  true  that  a  distinguished  gentleman  at  the  other  end  of  the 
Capitol,  the  Senator  from  Pennsylvania,  in  commenting  on  the  platform  of  the 
RejHiblican  party  of  1900  favoring  the  early  admission  to  statehood  (d  the  Territories 
of  New  ^Mexico,  Arizona,  and  Oklahoma,  said  that  he  hoped  that  this  certain  para- 
graph in  his  ))latform  was  "tiot  a  lie,"  j'ctthe  Senate,  controlled  by  the  Repnblican.s, 
received  many  months  since  the  omnibus  bill  jias.sed  by  tlte  House  for  the  admission 
of  these  Territories  to  statehood.  The  si)ectacle  is  now  daily  witnessed  of  the  Repub- 
lican Senate  seeking  every  parliamentary  device  to  kill  the  bill.  I  hope  that  no 
great  political  jKirty  in  this  country  will  ever  stand  in  that  attitude  ])efore  the  people. 
These  platforms  ought  to  speak  the  truth  and  express  the  sentiments  that  the  framers 
entertain.  Tlu'  country  is  tired  of  duplicity  and  of  meaningless  platitudes.  The 
people  are  Iionest  and  they  have  the  right  to  demand  and  expect  honest,  plain,  fair 
dealing  from  both  of  the  great  |)olitical  ])arties  that  seek  supremacy  in  the  Government. 

Tlie  Ke]Miblican  platform  of  1900,  in  telling  the  country  what  the  Republican  party 
would  do  if  retained  in  jiower,  sai<l: 

In  the  interest.s  of  our  expanding  commerce,  \vc  recommend  that  Congress  create  a  department 
of  r-ommerce  and  industries  in  charge  of  a  Secretary,  with  a  seat  in  the  Cabinet. 

The  Republican  j^arty,  in  the  same  platform,  emphasizes  its  high  regard  for  labor 
just  before  the  la.st  national  election  by  saying  relative  to  the  wage-earners  of  our 
country: 

Their  constantly  increa.sing  knowledge  and  sl<ill  have  enabled  them  to  linally  cider  the  markets 
of  the  world. 

Mr.  Chairman,  if  labor  has  accomjilisheil  this  great  work,  ham]K'red  as  it  has  been 
in  the  i)ast — if  it  has  aided  so  matt-rially  in  making  our  ( io\-ernment  a  "  world  ]>o\\er" 
among  the  nations  of  the  world,  is  it  just  and  right,  is  it  a  fiiKillmcut  of  the  Repub- 
lican i>latforin  pledge,  to  reduce  the  indcia'iident  Department  of  Labor  to  the  ])osition 
of  a  bureau,  ami  as  such  put  its  light  under  a  bushel  in  the  Deiiartmeiit  where  the 
magnates  of  couinierce  and  the  leaders  of  great  industries  will  be  the  supreme  rulers? 


556  LEGISLATIVE    HISTORY 

Would  it  not  be  more  to  the  interests  of  all  the  people  of  our  country — would  it 
not  be  promotive  of  the  peace,  hapjnness,  and  prosperity  of  the  great  laboring 
classes  of  our  country  to  recognize  their  just  rights  and  accord  to  laJ)or  a  separate 
department,  with  a  Secretary  in  the  Cabinet  of  the  President?  The  answer  to  this 
((uestion  rests  alone  in  the  hands  of  the  leaders  of  the  llepublican  ]iarty.  The  Dem- 
ocratic party  stands  ready  and  willing  to  redeem  its  pledge,  made  in  good  faith,  and 
now  at  this  time  join  enough  Republicans  and  vote  for  a  separate  depai'tment  of 
labor  with  a  Secretary  in  the  Caljinet  of  the  President.  We  will  then  cheerfully 
join  you  in  creating  a  department  of  connnerce  of  the  same  dignity  and  importance. 
The  responsibility  for  failure  will  abide  with  the  Repul)lican  i)arty.  You  may  say 
that  commerce  enters  into  and  pervades  all  the  varied  and  broadening  interests  of 
our  people.  You  are  bound  to  concede  the  same  functions  to  lal)or.  They  face  each 
other  with  equal  dignity  and  importance,  and  are  alike  entitled  to  Congressional 
recognition.  I  yield  to  no  gentleman  on  the  floor  of  this  House  a  more  sincere  and 
patriotic  desire  to  aid  and  contribute  to  the  development  and  growth  of  our  foreign 
commerce  than  I  possess  myself.  I  am  buoyant  with  hope  for  the  increase  of  our 
trade  with  the  Orient.  It  means  the  increase  of  production,  industries-,  and  enter- 
prises to  the  people  of  all  sections  of  our  country.  It  means  a  nuiltiplication  of  the 
cotton  mills  of  the  South,  and  I  accept  it  as  a  long  stride  in  the  ultimate  commercial 
supremacy  of  the  South.     That  day  is  not  far  distant. 

The  laws  of  nature  fashioned  and  are  directing  this  supremacy.  It  will  partake  of 
no  sectionalism.  My  own  native  State,  Alabama,  is  conceded  now  to  be  the  "  iron 
State"  of  the  Union,  and  the  position  of  being  the  "iron  State"  of  the  world  will 
yet  be  accorded  to  this  great  and  promising  C/onnnonwealth,  and  her  sister  States  of 
the  Union  will  find  glory  and  pride  in  her  wealth  and  power.  It  is  a  startling  fact 
that  Alabama,  with  not  one-quarter  of  the  population  of  the  great  Empire  State  of 
New  Y'ork,  has,  in  the  last  few  years,  increased  her  railway  ndleage  until  she  now 
has  50  per  cent  of  that  of  the  State  of  New  York.  The  grand  old  State  of  North 
Carolina,  teeming  with  ])roud  memories  and  populated  by  a  thrifty,  enterjirising 
peojile,  having  a  iiojjulation  about  equal  to  that  of  the  State  of  New  Jersey,  but 
possessed  of  but  few  of  the  manufacturing  interests  and  facilities  that  New  Jersey 
has,  to  the  amazement  of  the  world  has  developed  and  increased  her  railway  systems 
and  tracks  until  to-day  North  Carolina  has  50  per  cent  more  railway  mileage  than 
New  Jersey.  Georgia,  the  Empire  State  of  the  South,  has  twice  as  much  railway 
mileage  as  the  great  State  of  Massachusetts,  and  Arkansas  has  three  times  as  much  as 
Comiecticut. 

What  does  this  mean?  What  significance  has  it  to  the  man  who  is  looking  for 
rennmerati\e  investment?  These  Southern  States  are  but  instances  of  what  the 
Southern  States  all  are  doing.  But  a  few  years  since  these  samt^  States  that  I  have 
specially  mentioned  were  poor  and  needy  and  commercially  inaccessible.  It  is  their 
great  natural  and  undeveloped  nuneral  resources,  their  rich  and  cheap  lands,  their 
manufacturing  advantages  and  su]»eriority,  that  has  invited  and  secured  this  won- 
derful development  of  their  transi>ortation  facilities.  Men  interested  in  railroads 
are  not  given  to  the  construction  of  lines  merely  for  health  or  pleasure;  but  they 
build  them  as  they  ought  to  build  them,  for  the  jiurpose  of  making  money.  All  of 
this  is  but  a  precursor  of  the  future  ])rosperity  of  the  South.  When  we  remember 
that  it  is  the  laborer  and  the  wage-earner  that  makes  the  foundation  of  this  great 
development — is  the  key  to  the  arch  of  our  i)rosi)erity — it  l)ehooves  us  to  mete  to 
labor  its  just  rewards  by  giving  it  its  ])roi)er  recognition. 

But  it  is  said,  Mr.  Chairman,  that  no  one  came  before  the  Interstate  and  Foreign 
Commerce  Committee  bearing  authentic  credentials  to  speak  for  labor  as  a  class  in 
opposition  to  including  the  Department  of  Labor  in  the  Department  of  Commerce. 
■  I  submit  the  following: 

Mr.  Fuller.  Mr.  Chairman  and  members  of  the  committee,  I  luive  a  credential  liere  sliowing  whom 
I  represent,  a  copy  of  whicli  I  will  leave  with  the  committee. 

Cleveland,  Ohio,  December  2,  1901. 
To  ii'liom  tliexc  presaitu  ma)/  concern,  r/rectinr/: 

This  is  to  certify  that  tlie  bearer  hereof,  Mr.  H.  R.  Fuller,  whose  signature  appears  below,  has  been 
duly  chosen  to  serve  as  the  representative  of  the  above-named  organizations  at  Washington,  D.  C. 
during  the  sessions  of  the  Fifty-seventh  Congress,  in  matters  pertaining  to  national  legislation. 

1'.  M.  Arthur, 
Grand  Chief  En(jinecr  lirothcrliood  of  Loeomotire  Engineers. 

F.  P.  Sargent, 
Grand  Master  Brotherhood  of  Locomotive  Firemen. 
E.  E. Clark, 
Grand  Chief  Conductor  Order  of  Railway  Conductors. 
H.  P.  Perham, 
President  Order  of  Raihvay  Trainmen. 


LEGISLATIVE    HISTORY  557 

I  wish  to  sny  first  thnt  T  dcsiri'  it  to  be  unilorstood  l)y  the  committee  that  I  do  not  come  here  to  oppose 
any  of  these  bills  creatiiiK  a  Department  of  ("oiumeree;  but  I  coirie  here  to  oppose  all  provisions  which 
may  appear  in  any  of  Ilu'm  which  seek  to  put  the  present  lieparlmeiit  of  Labor  muler  tliis  new  pro- 
posed Deparlmciil.  Tliis  is  my  prime  moli\c.  but  I  want  to  say,  however,  in  addition  to  this,  that  I 
wish  lonrKenpon  the  members  of  the  eoiiiiiiillee  tla^  necessity  of  also  KiviiiK  labor  a  distinct  and 
separate  place  in  the  President's  ("abinet,  free  from  any  other  l)epartment  «  liatever.  I  listened  hero 
yesterday  to  the  friends  of  this  bill,  and  was  very  much  intereste<l  in  what  they  .said,  and  I  want 
them  to  thoriai;,'hly  understand  my  i>osltion.    'We  iire  not  here  opposinj;  tlieir  bill  in  the  lea.st. 

Why  is  tliia  Department  of  Commerce  asked  for,  INIr.  Cliainiian?  It  is  ])ecau8e  it 
Avill  advarui'  and  facilitate  and  promote  our  commercial  interests  with  tiie  world. 
These  interests  have  grown  and  increased  so  wonilcrfully  in  tiie  last  ten  or  fifteen 
years  that  this  Dei)artmentof  ("ommerceis  necessary  to  maintainand  represent  these 
great  interests.  This  is  donhtless  true,  and  it  should  be  gratifying  to  the  country  to 
kn<iw  that  it  is  true,  and  1  have  no  doubt  1)ut  a  J)e]);irtment  of  Commerce  'will  be  of 
vast  beiiflit  in  jnomoting  our  export  and  foreign  trade.  "  Their  constant!}'  incu-as- 
ing  knowledge  and  skill  has  enabled  them  tolinally  enter  the  markets  of  the  world," 
is  what  the  Republican  i»arty  says  about  labor. 

If  that  paragraph  in  the  Kepulilican  ])latform  is  true  and  Republicans  propose  to 
stand  by  it,  then  by  jiarity  of  reasoning  the  Department  of  Labor  should  be  created 
just  as  well  as  the  Department  of  Commerce. 

The  Democratic  platform,  INIr.  Chairman,  of  1900,  says: 

In  the  interests  of  American  labor  and  the  npbuilding  of  the  workinpman  as  the  corner  stone  of 
the  prosperity  of  onr  conntry  \vc  recommend  thatCongress  create  a  Department  of  Labor  in  charge  of 
a  Pecretjiry,  with  a  seat  in  the  Cabinet,  believing  that  the  elevation  of  American  labor  will  bring  )vith 
it  increased  production  and  increased  prosperity  to  our  country  at  home  and  to  our  commerce  abroad. 

I  have  presented  the  platform  declarations  of  the  two  great  political  parties  of  this 
country  on  the  subject  as  to  the  position  labor  should  hold  in  our  Government. 
Their  record  is  clearly  before  the  country.  Antielection  promises  are  readily  and 
cheajdy  made.  I  repeat,  now  is  the  accepted  time  to  recognize  la1)or  according  to 
its  merits  and  seek  by  proper  legislation  to  avert  the  lamentable  and  disastrous 
strikes  of  the  recent  past. 

If  there  had  ])een  a  SeiTetary  of  Labor  in  the  Cabinet  of  the  President,  having 
authority  to  speak  for  labor  and  to  confer  with  the  President,  the  President  could 
have  avoided  the  necessity  of  inviting  ]Mr.  ^litchell  and  other  labor  leaders  to  join 
the  coal  operators  with  him  in  conference  in  an  effort  to  adjust  the  differences  of  the 
great  anthracite  coal  strike.  i\Iore  than  that,  had  there  been  such  a  Secretary  then 
by  the  President  the  creation  of  the  Strike  Commission,  admitted  to  be  unauthorized 
by  law,  would  have  been  avoided. 

Mr.  Gilbert.  What  did  you  read  from? 

ISlr.  Richardson,  of  Alaljama.  I  read  from  the  Democratic  platform  of  1900.  The 
majority  of  the  committee  in  their  report,  ]Mr.  Chairman,  substantially  concede  that, 
in  view  of  the  "conservative  action  in  creating  new  Cabinet  otticers  in  the  past,"  if 
the  Department  of  Commerce  and  Labor  is  established  now  the  Department  of  Lalior 
will  not  have  much  chance  for  a  long  time  to  come  to  have  a  Cabiiu't  otticer.  Any 
gentleman  knows,  and  there  can  be  no  dodging  about  this  matter,  that  when  you 
create  a  Department  of  Commerce  and  Labor,  with  a  Secretary  in  the  Cal>inet  of  the 
President,  representing,  as  he  will  and  as  he  is  bound  to  do  under  all  the  conditions  and 
circumstances  surrounding  us,  not  organized  or  unorganized  labor,  but  representing, 
as  I  l)elieve  he  will  unconsciously  do,  judging  from  the  past  history  of  our  country,  the 
interests  with  which  laljor  comes  in  conflict,  when  you  pass  this  Ijill  with  laV)or  in  it, 
subordinating,  oversha<lowing,  and  clouiling  it,  it  is  farewell  to  any  Department  of 
Labor  with  a  Secretary  in  the  Cal)inet  of  the  President.  I  sincerely  believe  that  no 
one  ("in  fairly  cjuestion  that  fact.     It  is  true  in  every  respect. 

I  think  I  am  right  when  I  state  there  have  been  only  two  departments  with  a 
secH'tary  in  the  Cabinet  created  within  the  last  sixty-two  years. 

Mr.  Maddox  rose. 

Mr.  ]\Ian.\.  For  the  last  one  hundred  and  two  years. 

Mr.  RicHARDsox,  of  Alabama.  I  think  I  am  right  about  that,  Init  I  am  not  posi- 
tive.    Now,  Mr.  Chairman,  I  will  yield  to  the  gentleman  frf>m  Georgia. 

Mr.  ^Iaddox.  I  would  like  to  ask  the  gentleman  what  is  the  purpose  of  establish- 
ing three  new  bureaus — the  Bureau  of  Manufactures,  the  P)ureau  of  Insurance,  and 
the  Bureau  of  Cori)orations?     Who  are  they  intended  to  beiielit? 

.Mr.  RiciiARDsox,  of  Alaliama.  Not  labor,  1  think.  The  l.ureau  of  Insurance  is 
intende<l  to  benefit  and  uphold  the  insurance  interests  of  the  country,  investigating, 
pndnoting,  and  advancing  them. 

]\Ir.  Maddox.   How  abotit  the  corporations. 

Mr.  Richardson,  of  Alal)ama.  If  you  can  tell  me  what  statutes  and  laws  of  the 
country  api)ly  to  and  govern  many  of  our  colossal  corporations  I  would  l)e  glad  to 
be  informed.  I  do  not  know  of  any.  It  seems  that  they  have  been  above  the  law, 
or  a  law  unto  themselves. 


558  LEGISLATIVE    HISTORY 

Mr.  IMapdox.  I  wanted  to  ask  you  something  al)out  that,  and  if  yon  tlionght  they 
were  not  a))le  to  take  care  of  themselves. 

Mr.  KiciiARosoN,  of  Ala1)aiiia.  I  think  corporations  have  demonstrated  tlu'ir  al)il- 
ity  to  take  care  of  tlieniselves,  l)ut  I  do  not  l)elieve  tliat  lal)or  will  he  ahle  to  take 
care  of  itself,  surrounded  by  insurance,  corporation,  and  other  different  bureaus. 

Mr.  Maooox.  Does  not  the  gentleman  tiiink  the  cori)orations  run  the  whole  con- 
cern and  t;ike  care  of  all  of  us  now,  and  that  they  do  not  need  any  bureau? 

Mr.  RiciiAKDsoN,  of  Alabama.  To  a  casual  observer  it  appears  that  way,  judging 
from  the  worried  anxiety  of  the  Republican  party  to  do  something  in  the  name  of 
regulating  the  great  trusts  and  combinations  of  which  the  country  so  loudly  com- 
plains. 

Mr.  Chairman,  I  am  not  prone  to  turn  to  the  monarchical  powers  of  the  world  for 
lessons  of  instruction  touching  matters  of  public  policy  relating  to  the  welfare  of  our 
Uovernmcnt.  This  may  arise  from  that  natural  prejudice  that  we  ind)ibe  from  the 
spirit  of  our  free  institutions  against  monarchical  forms  of  govermnent.  It  can  not 
be  denied  that  the  history  and  the  progress  of  the  wage-earner  in  England  are  worthy 
of  the  closest  study  of  the  men  who  seek,  without  bias  or  prejudice,  to  establish  by 
law  the  highest  and  best  standard  for  friendly  relations  between  capital  and  labor. 

The  policy  of  the  laws  of  (Jreat  Britain  is  to  promote  among  the  laboring  classes 
industrial  independence  and  worthy  and  honorable  citizenship.  This  is  evidenced 
by  exemption  from  strikes  as  compared  with  our  own  country.  England  has  a  lioard 
of  trade  whose  president  holds  a  seat  in  the  ministry.  Germany  has  a  minister  of 
conunerce.  France  has  a  nunister  of  I'onuncrce.  Russia  has  a  special  im])erial  cabi- 
net with  four  bureaus,  one  of  which  is  devoted  to  agriculture  and  maimfactures.  In 
neither  of  these  great  Governments  is  commerce  and  labor  under  the  control  of  the 
same  department.  The  experiment  of  keeping  capital  and  labor  free  from  the  domi- 
nation of  either,  in  the  same  deijartment,  has  jiroved  successful  in  these  foreign 
Governments. 

Mr.  Chairman,  I  am  opposed  to  the  passage  of  this  bill  as  it  comes  from  the 
committee — 

First.  Because  it  practically  reduces  the  now  independent  Department  of  Labor  to 
a  bureau  in  this  proposed  new  De])artment. 

Second.  Because  the  interests  of  lal)or  will  be  overshadowed  by  the  engrossing  and 
absorbing  interests  of  expanding  foreign  commerce. 

Third.  Because  practically  all  of  the  laboring  classes  and  lal)or  organizations  that 
have  given  expression  on  this  sul)ject  have  earnestly  protested  against  the  Depart- 
ment of  Labor  being  included  in  the  same  department  with  commerce. 

Fourth.  Because  the  ])resent  Department  of  Lal)or  has  contributed  greatly  to  the 
uplifting  and  industrial  indejiendence  of  the  working  classes  of  our  jH-ople. 

Fifth.  Be<'ause,  if  included  in  this  Department,  the  lal)oring  people  will  become 
suspicious  and  jealous  of  a  fair  recognition  of  their  rights,  and  thus  impair  the  use- 
fulness and  etliciency  of  the  Department. 

Sixth.  Because  I  believe  the  true  function  of  a  Department  of  Commerce  is  to  pro- 
mote the  interests  of  our  export  and  foreign  trade  and  the  efticiency  to  that  end  will 
be  hami)ered  liy  the  interests  of  labor. 

Seventh.  Because  I  believe  that  the  laVjoring  interests  of  this  country  are  entitled 
to  a  separate  department  witli  a  secretary  in  the  Cabinet  of  the  President. 

Mr.  Chairman,  in  conclusion  I  submit  as  a  part  of  my  remarks  the  views  of  the 
minority. 

(See  House  Report,  page  547.) 

Mr.  RicHAKDsoN,  of  Alabama.  Now,  Mr.  C'hairman,  I  ask  that  every  gentleman 
may  be  allowed  to  print  or  extend  his  remarks  in  the  Record. 

Mr.  Hepburn.  For  how  long?     Five  days? 

Mr.  Gaines,  of  Tennessee.  I  liope  the  gentleman  will  make  it  ten  days. 

Mr.  HEPBUiiN.  Say  ten  days. 

Mr.  Richardson,  of  Alabama.   Very  well;  ten  days. 

The  Chairman  (Mr.  Capron).  The  gentleman  from  Alabama  asks  unanimous  con- 
sent that  everyone  who  speaks  on  the  bill  may  be  allowed  to  extend  his  remarks  in 
the  Record  for  ten  days.     Is  there  objection? 

There  was  no  objection. 

Mr.  Richardson,  of  Alabama.  Now,  I\Tr.  Chairman,  I  yield  to  the  gentleman  from 
Tennessee  [Mr.  (iainesj. 

Mr.  Gainks,  of  Tennessee.  Mr.  Chairman,  I  have  not  had  the  opportunity  to  inves- 
tigate this  bill  thoroughly,  nor  did  1  know  until  a  moment  ago  that  1  would  be 
expected  to  discuss  it.  But  I  take  the  lioor  for  the  purj)ose  of  trying,  at  least,  to  get 
at  some  of  the  reasons  why  we  should  al)sorb,  in  this  way,  the  "commerce"  of  the 
States — that  which  is  not  Federal  commerce. 


LEGISLATIVE,  HISTORY  559 

It  is  proposed  in  this  l)ill  that  wo  t<ike  charge  of  the  functions  of  the  States,  draw- 
iiiij;  tlu'iii,  as  it  were,  ])ell  niell  here  to  Washinjrton,  to  he  run  hy  tlie  heads  of  these 
diffiTiMit  I'Vderal  (h'i)artiHents.  1  want  to  promote  conunerce,  l)ut  le^'ally  always. 
Since  1  have  ))ei'n  in  ("ontrress  I  ho|)e  I  have  not  done  anythin<r  to  ri'taid  its  lc<iiti- 
luate  jjrowth;  l)ut  we  certainly  should  ])roni()t(' it  within  constitutional  limitations, 
not  hy  rniniin<r  rou^dishod  over  the  Slates. 

Sir,  take  as  an  illustration  the  insurance  l.urcau,  which  we  are  proposiut,'  to  create 
hy  this  l)ill.  Why,  sir,  this  ))rovision  is  directly  in  the  face  of  tlie  adjudi<-ations  of 
the  Sujireme  Court  of  thi^  rnitcd  States,  rcatlirmcii  time  and  tim^'  atraiii,  to  the  effect 
that  "  insurance  is  not  conunerce;"  that  it  is  a  contract  hetwt'cn  individuals,  and  is 
not  susceptihle  of  control  hy  Conjj;ress.  Yet  this  T-c[>ort,  stranj^e  to  say,  says  "  insur- 
ance l)usine.>^s"  is  "essentially  a  matter  of  interstate  husiness." 

This  whole  question — that  is,  whether  insurance  is  interstate  commerce,  or  is  even 
commerce  of  any  sense — was  raised  in  the  case  of  llooiierr.  California  (155  U.  S. 
Reports,  (54S),  in  which  the  opinion  (tf  the  court  was  <lelivereil  hy  Mr.  Justice  White. 
I  turn  to  that  decision  and  hrietiy  read  this  language  from  jjage  0()5: 

The  l)Usiiios.s  of  insurance  is  not  commerce.  The  contract  of  insuniuce  is  not  an  instrmneiitality 
of  commerce.  The  makiiij^  of  such  a  contract  is  a  mere  incident  of  commercial  intercourse;  and  in 
tliis  respect  there  is  no  dillerence  between  insurance  against  lire  and  insurance  against  the  perils  of 
the  sea. 

Citing  and  allirming  cases  from  Paul  r.  Virginia  and  others,  on  down  to  the  day  of 
this  decision  in  1S94. 

This  qui'stion  arose  in  a  case  where  the  State  of  California  had  made  it  unlawful 
for  its  inhal>itants  to  enter  into  an  insiu'ance  contract  with  any  foreign  corporation 
till  that  corporation  had  complied  with  the  laws  of  that  State. 

The  corj>oration  in  question  was  a  foreign  marine  insurance  corporation,  m  liich,  of 
cotwse,  the  State  had  the  right  to  "exclude  entirely."  That  insurance  is  uot  com- 
meri'e  was  clearly  settled  in  that  case.  This  is  old  law.  In  the  earlier  decisions  of 
this  court,  and  coming  down  to  recent  years,  it  has  heen  declared  that  a  State  has 
tlie  right  to  exclude  entirely  a  foreign  corporation  from  doing  husiness  within  the 
State,  or  can  admit  it  and  regulate  it.  But  we  see  the  decision  in  this  case  goes  on 
ami  clearly  and  succinctly,  without  equivocation,  declares  and  holds  that  "insurance 
is  not  conunerce." 

^Ir.  Justice  White  referred  to  and  quotes  from  the  case  of  Paul  r.  Virginia,  in 
which  case  the  court,  through  Mr.  Justice  Field,  said: 

Lssuing  a  policy  of  insurance  is  not  a  transaction  of  commerce.  The  policies  are  simple  contracts 
of  indenniity  against  loss  by  fire,  entered  into  between  the  corporations  and  the  assured,  for  a  con- 
sideration paid  by  the  latter.  Tliese  contracts  are  not  articles  of  commerce  in  any  proper  meaning 
of  the  word.  They  are  not  subjects  of  trade  and  barter  ofl'ered  in  the  market  as  .something  having 
an  existence  and  value  indepenilent  of  the  jiarties  to  them.  They  are  not  commodities  tube  shipped 
or  forwarded  from  one  Slate  to  another  and  then  piUnp  for  sale. ' 

They  are  like  other  pi'rsonal  contracts  between  jiarties  which  are  ciimpleted  by  their  signature  and 
the  transfer  of  the  consideration.  .Such  contracts  are  not  interstate  transactions,  though  the  )iarties 
may  be  domiciled  in  dilTeniit  States.  The  policies  do  not  take  clYect— are  not  executed  contracts — 
until  delivery  liy  the  agent  in  Virginia.  They  are  then  local  transactions  and  are  governed  liy  the 
local  law.  They  do  not  constitute  a  part  of  the  commerce  between  the  States  any  more  than  a  con- 
tract for  the  pureliase  and  sale  of  goods  in  Virginia  by  a  citizen  of  New  York  whilst  in  Virginia 
would  constitute  a  jiortion  of  such  commerce. 

This  language  was  reiterated  in  the  case  of  the  Philadelphia  Fire  Insurance  Com- 
pany V.  Xew  York. 

Now,  the  opinion  in  Hooker  r.  California  was  approved  in  a  noted  antitrust  case, 
Pierce  Oil  Couq)any  r.  The  State  of  Texas,  decided  a  few  years  ago. 

I  suhniit  that  if  yon  can  adopt  legislation  of  this  kind  under  the  limitations  of  the 
Constitution — if  you  can  reach  down  into  the  jurisdiition  f>f  a  State  an<l  drag  up  her 
commerce  an<l  take  charge  of  it,  sliould  we  do  it?  If  insurance  is  a  local  contract^ 
and  that  is  what  the  c<  >urt  here  declares — if  it  is  a  i-ontract  ])etween  individuals  witliin 
the  State,  will  you  tell  me  what  right  the  Government  of  the  United  States  has  to 
take  charge  of  and  meddle  with  that  contract? 

I  n  such  action,  Mr.  Chairman,  are  we  undertaking  to  ahsorh,  hy  the  right  of  might, 
if  you  j)lease,  the  powers  and  rights  of  the  State?  Is  not  such  legislation  an  invita- 
tion for  the  Government  of  the  United  States  to  rush  down  and  undertake  to  attend 
to  all  the  varie<l  husiness  of  the  States  and  crush  the  latter?  If  we  continue  to  do 
this — and  we  see  the  great  tendency  toward  it — how  soon  will  it  he  hefore  the  States 
aie  destroyed — the  States  that  created  the  Union?  Without  the:  States  we  should 
have  no  United  States,  as  the  court  said  in  the  case  of  Texas  r.  White,  a  noted  case — 
without  the  States  we  should  have  no  United  States,  hut  a  united  state.  I  may  add, 
how  soon,  if  this  matter  of  insurance,  ahout  whicii  there  is  no  complaint,  is  taken 
away  from  the  police  powers  of  the  States  in  this  way  and  hoisted  here  to  Washing- 
ton to  he  regulated — it  matters  not  how  you  regulate  it,  whether  hy  good  legislation 
or  had — before  all  conunerce  of  all  kinds  will  be  in  the  hands  of  Congress? 


560  LEGISLATIVE    HISTORY 

I  have  heard  no  complaint  on  (he  floor  of  this  ITonse  durinjj;  the  disenssion  of  this 
question  tiiuttiie  States  liave  failed  to  control  insurance  coiii]>aiiies,  thougli  I  did  not 
have  tiie  pleasure  of  heariii<i;  the  gentleman  from  Illinois  [Mr.  Mann].  If  such  a 
policy  is  pursued,  how  long  will  it  he  before  we  have  the  same  kind  of  laws  extended 
in  almost  every  direction  to  the  detriment  and  infringement  of  the  rights  of  the 
States — their  utter  jirostration?  I  submit  we  should  stop  and  think,  and  think 
seriously,  just  here. 

Here  is  a  plain  proposition.  The  courts  have  settled  that  insurance  is  a  local  mat- 
ter, and  that  it  is  "not  commerce;"  yet  we  are  proposing  to  take  the  pitchfork  of 
Federal  legislation  and  dig  up  this  business,  take  it  out  of  the  control  f)f  the  States, 
and  out  of  the  hands  of  private  individuals  controlled  by  the  laws  of  the  States  and 
I)ring  it  here  to  Washington  whether  it  is  commerce  or  not.  And  heaven  knows,  if 
we  are  going  to  enforce  such  a  law  as  this  if  enacted  as  we  are  enforcing  some  other 
Federal  laws  that  have  l)een  i)laced  on  tlu;  statute  book,  sncli  as  that  undertaking  to 
help  the  States  in  the  matter  of  trusts,  no  good  will  come  of  it. 

We  have  one  trust  statute,  alluded  to  by  my  friend  from  Iowa  [Mr.  Hepburn]  in 
his  resolution  appropriating  $50,000  a  few  days  ago  to  execute  a  provision  incorpo- 
rated in  the  Wilson  tariff  law  and  carried  in  the  Dingley  tariff  act,  which  is  a  law 
to-day,  I)ut  under  whitih  not  a  solitary  suit  has  yet  been  tiled.  The  antitrust  act  of 
1890  is  left  unenforced  while  the  people  are  robbed  of  food  and  coal  right  in  this  city 
to-day. 

We  hear  no  complaint  about  the  laws  of  the  States  being  insufficient  on  that  sub- 
ject or  that  they  are  not  being  executed.     We  hear  no  complaint  from  the  people. 

I  am  opposed  to  wildcat  insurance  companies  and  want  to  exclude  them  from  tiie 
use  of  the  mails  and  am  preparing  a  l)ill  for  that  purpose  that  may  become  law. 
That  we  can  legally  do.  I  say,  if  you  waive  the  question  of  constitutional  power 
and  assume  that  we  have  this  power  to  go  down  into  the  States  and  dig  up  State 
commerce,  why  should  we  do  so? 

Passing  from  that  cjuestion  and  coming  to  the  question  as  to  the  ])ropriety  of  cre- 
ating a  bureaucracy,  I  say,  with  all  due  respect  to  the  gentlemen  who  have  joined  in 
reporting  this  bill,  why  should  we  create  more  bureaus  for  the  purpose  of  doing 
through  Federal  jwwer  that  which  has  been  don(>  heretofore  by  the  States  and  in 
regard  to  which  there  is  no  conqilaint? 

Why  should  we  create  these  additional  offices?  Of  course,  there  are  people  wdio 
want  offices,  and  always  will  be;  and  if  offices  are  created,  competent  citizens,  of 
course,  have  the  right  to  till  them.  But  such  a  measure  as  this  nmst  involve 
increase<l  expense.  It  necessarily  involves  increased  taxation  and  increased  Ijurdens 
upon  the  people  and  the  Congress  of  the  United  States — burdens  altogether  unneces- 
sary to  be  assumed,  as  I  contend.     Now,  why  should  we  do  it? 

Again,  the  insurance  companies  are  not  suffering.  We  know  that  the  State  laws 
are  all  stringent  and  that  it  is  the  rarest  exception  when  the  Federal  court  ever  holds 
that  a  State  law  on  the  sid)ject  of  insurance  is  contrary  to  go:  d  morals  or  to  the 
fundamental  laws  of  the  State  or  of  the  United  States.  It  is  the  rarest  occasion  it  is 
done.  Insurance  companies  are  al)le  to  take  care  of  themselves,  the  living  and  dead, 
and  to  i^rint  all  of  their  reports,  and  thvy  do  so. 

There  is  not  a  decent  insurance  concern  in  the  United  States  to-day  that  does  not 
publish  and  send  out  to  the  people  throughout  the  Ignited  States  a  report  of  the  con- 
dition of  its  business.  These  reports  are  published  in  the  newspapers;  they  are  jmb- 
lished  by  private  letters,  and  we  are  constantly  getting  them  through  the  mails  under 
1-cent  postage  stamps;  we  are  constantly  getting  them  in  the  shape  of  catalogues. 
Here  is  publicity,  if  you  ])lease,  and  yet  we  destroy  this;  we  take  charge  of  that  and 
say,  "Now,  we  will  ])r(>nK)te  your  business." 

Let  us  see  what  the  language  of  the  bill  is  on  this  point: 

That  there  shall  be  in  the  Department  of  Commerce  and  Labor  a  burea\i  to  be  called  the  Bnrean  of 
Insnrance,  and  a  chief  of  said  Bureau,  who  shall  be  appointed  by  the  President,  and  who  shall 
receive  a  salary  of  S-1,000  per  annum,  and  such  clerical  assistants  as  may  from  time  to  time  be  author- 
ized by  law. 

Increasing  Federal  patronage  and,  therefore,  the  power  of  the  President  for  good 
or  bad — good,  I  hojie.     I  read  further: 

It  shall  be  the  province  and  duty  of  said  Bureau,  under  the  direction  of  the  Secretary,  to  exercise 
such  control  as  may  be  ])rovided  by  law  over  every  insurance  company,  .society,  or  association  trans- 
acting business  in  the  United  Stati'S  outside  of  tlie  State,  Territory,  or  District  wherein  the  same  is 
organized,  and  to  fnster,  ])n>motc,  and  develoi)  tlie  various  ins\n'aiice  industries  of  tlie  United  States 
by  gatheriiiK,  coinpilin.if,  publishing,  and  su|iplying  all  availal)le  and  useful  information  concerning 
such  insurance  comi>anies  and  the  liusiness  of  insurance,  and  by  such  otlier  methods  and  means  as 
may  be  prescribed  by  the  Secretary  or  provided  liy  law. 

"  Provided  by  law!"     What  law?     Where  is  tiie  ])ower  in  Congress  to  control 
State  business,  insurance  being  a  local  business,  the  courts  say. 
I  submit,  Mr.  Chairman,  in  all  candor  that  to  say  this  promotion  is  to  be  carried 


LEGISLATIVK    HIi=;T(>KY  561 

on  liy  "gatluM-inp;,  coinpilin<j:,  i>iil)lisliiii^,  and  Hupplyinji:  all  availalilo  ami  useful 
information  foni-crninj;  such  insuranre  companies  an(i  tlic  l)U!5inc.-s  of  insurance"  la 
unui'ccssarv.  That  is  already  done.  Nohody  will  deny  that.  Nohndy  ()i)ji'ct.s  to  it, 
and  evi'ry])ody  is  informed.  The  States  c-an  exclude  tiiese  insurance  inm|i;mies. 
They  can  admit  them.  Tlie  States  can  i)roiiil)it  their  i)eoj)Ie  from  negotiatiufj;  or 
contracting  with  foreign  corporations  unless  they  are  legalized  by  the  Stiites  to  oper- 
ate within  tlie  limits  of  tlu^  State. 

Now,  why  shall  Congress  take  an  ii-xlividual  private  business,' exploit  its  profits, 
its  deposits,  its  loans,  and  tlie  manner  in  wiiich  it  conducts  its  business  and  repidjlish 
that,  w  hen  these  very  concerns  which  have  thousands  and  i)Ossibly  millions  of  dol- 
lars are  publishing  this  very  data,  and  glad  to  do  so?  Why  tax  the  jteople  to  do  this? 
Why  should  we  destroy  their  business  by  taking  the  strong  arm  of  the  Federal  (iov- 
ernment  and  saying,  "We  will  jiublish  that  for  you?"  This  is  wrong.  This  tiling 
of  reaching  down  and  hel|iing  those  people  that  are  jtlenty  able  to  help  theiiKselves, 
helping  them  by  the  strong  arm  of  the  Federal  Government,  when  that  arm  is  raised 
and  made  strong  and  mighty  and  just  by  the  tax-gathered  money  of  this  countrv,  is 
wrong. 

It  may  be  that  this  board  can  be  empowered  to  sit  here  and  say  to  an  insurance 
company  in  New  York,  "  You  shall  not  go  to  Tennessee  and  transact  business;  you 
area  foreign  coriioration,  and  you  shall  not  go  across  the  State  line;"  but  the  Supreme 
Court,  it  seems  to  me,  in  this  ease  held  that  the  question  of  insurance  itself  was  not 
conmierce;  hence  not  interstate  commerce. 

Now,  tlien,  1  say  that,  even  conceding  the  possibility  that  this  Bureau  can  control 
foreign  corporations  in  their  transit  from  one  State  to  another  and  better  our  condi- 
tion, it  is  very  doubtful  whether  it  can  do  it  under  these  decisions. 

Again,  ]\Ir.  Chairman,  I  agree  with  my  distinguished  friend  from  Alabama  [.Mr. 
Richardson]  on  the  question  of  creating  a  Bureau  of  Commerce  and  uniting  with  that 
tlie  Bureau  of  Labor. 

Why,  ]Mr.  Chairman,  should  this  great  ocean  of  commerce,  this  Bureau  of  Com- 
merce, take  charge  of  and  absorb  the  Bureau  of  Labor,  this  institution  which  has 
grown  up  in  the  I'nited  States  since  the  Democratic  party  in  1SH8 — the  first  iiarty  to 
do  So — recogni/ed  lalior  unions  or  labor  organizations  in  its  jilatform?  We  have  all 
united  in  building  up  this  Labor  Bureau,  because  labor  was  in  existence  before  com- 
merce; man  was  here  before  commerce,  and  we  say  that  we  can  not  have  any 
commerce  unle.-s  we  have  labor. 

Commerce  is  selfish.  We  are  all  more  or  less  selfi.-^h.  It  is  natural  for  one  to  take 
care  of  his  own  and  himself.  The  Good  Book  teaches  us  that;  but  I  say  commerce, 
this  unholy  gree<l,  this  thing  to-day  tliat  is  mastered  by  the  "cormorants,"  as  they 
were  yesterday  designated  liy  the  gentleman  from  I'ennsylvania,  is  controlling  to-day 
very  largely  the  interstate  commerce  of  this  country  and  trying  to  control  labor,  and 
that  commerce  is  the  only  commerce  that  this  Bureau  has  the  right  to  take  charge 
of  and  control. 

Why  should  this  great  ocean  of  commerce,  this  great  chasm  of  selfishness,  backed 
by  these  "cormorants,"  take  charge  of  the  Bureau  of  Labor  and  the  laborers  of  this 
country?  The  {juestion  is.  Which  one  would  survive — the  laborers  and  their  bureau 
or  the  cormorants  and  theirs?  1  say  that  conmierce  would  overshadow  the  other  and 
soon  crowd  out  this  Bureau  of  Labor. 

1  am  willing  to  aid  commerce  and  labor  too,  but  I  am  not,  as  I  am  now  advised 
aliout  the  provisions  of  this  bill  and  the  possibility  of  this  friction  and  ill  feeling 
arising,  willing  to  unite  the  "cormorants"  of  the  country  with  the  laliorers  of  the 
country.     I  think  it  is  bad  policy. 

If  this  bill  is  to  be  of  any  account  at  all,  if  it  is  to  be  as  serviceable  as  it  should  be, 
this  Department  will  have  all  it  can  do  when  it  gathers  up  the  things  that  are  com- 
merce, leaving  labor  to  take  care  of  itself. 

When  did  labor  get  to  be  "commerce?"  It  is  property.  I  lielieve  it  has  been 
announced  by  the  courts — possibly  in  dissenting  opinion — that  the  right  to  lease  or 
.sell  one's  labor  is  a  personal  right,  and  therefore  is  ])roi)erty;  but  I  am  not  sure  that 
any  court,  dissenting  or  otherwise,  has  ever  declared  that  laljor  jjer  se  is  "corn- 
men  e." 

The  propriety  of  this  policy  of  amalgamating  labor  in  this  manner  is  very  doubtful 
in  vii'W'  of  the  danger  that  peace  will  not  lie  maintained  as  it  should  be  between 
commerce  and  lalior.  For  the  present,  at  least,  Mr.  Chairman,  I  shall  oppose  the 
proposition  and  the  insurance  clause  and  trust  to  regulating  wild-cat  insurance 
companies  in  another  and  legal  manner. 

^Ir.  llKHAiJDsoN,  of  Alabama.  I  yield  such  time  as  he  desires  fo  the  gentleman 
from  New  Jersey  [Mr.  Stewart],  a  member  of  the  committee. 

Mr.  Stew.vrt,  of  New  Jersey.  Mr.  Chairman,  I  do  not  desire  to  discuss  the  merits 

27628—04 36 


562  LEGISLATIVE    HISTORY 

of  this  bill,  as  I  have  found  it  necessary  to  disagree  with  the  majority  of  the  com- 
mittee as  to  tlie  wisdom  and  necessity  of  its  passage,  and  I  ask  the  Clerk  to  read  my 
views  as  expressed  in  my  minority  report.     (See  page  546.) 

Mr.  Stewart,  of  New  Jersey.  1  yield  back  my  time  to  the  gentleman  from  Alal)ama. 

Mr.  Richardson,  of  Alabama.  Mr.  Chairman,  I  now  yield  to  the  gentleman  from 
Florida  [Mr.  Davis],  a  member  of  the  committee,  such  time  as  he  desires. 

Mr.  Davis.  Mr.  Chairman,  I  shall  occujiy  the  attention  of  the  committee  for  but 
a  brief  time.  I  joined  my  clistinguished  friend  the  gentleman  from  Alaljama  [Mr. 
Richardson]  in  a  minority  report  against  the  bill  for  the  establishment  of  a  Depart- 
ment of  Commerce  and  Labor,  and  I  am  frank  to  say  that  I  did  it  chictly  because 
of  the  persistence  of  the  committee  that  reported  the  bill  in  including  labor  in  that 
Department. 

Per  se  1  have  no  objection  on  earth  to  the  creation  of  a  Department  of  Commerce. 
So  far  from  objecting  to  it,  I  favor  it.  1  believe  that  the  great  commercial  interests 
of  this  country  ought  to  be  represented  in  a  separate  department,  and  that  it  ought 
to  have  a  member  of  the  President's  family  to  represent  it  and  look  after  its  interests. 
I  w^ant  to  say  that  I  am  just  as  fully  impressed  with  the  idea  that  the  great  labor 
interest  also  should  be  distinctly  and  directly  represented  in  the  President's  family, 
and  I  have  no  hesitancy  in  asserting  that  when  the  Congress  of  the  United  States 
fails  to  give  the  labor  interest  of  this  country  a  representative  of  its  own  in  the  Cab- 
inet it  fails  to  do  justice  to  the  interest  of  labor. 

For  years  and  years  we  have  heard  the  demand  for  a  Department  of  Labor,  and 
more  recently  a  demand  for  a  Department  of  Commerce.  I  want  to  show  to  the 
members  of  my  own  party  on  this  side  of  the  Chamber  that  they  are,  by  their  own 
party  declaration,  bound  to  afford  labor  an  independent  department.  The  last  Dem- 
ocratic national  platform,  adopted  at  Kansas  City,  said  this: 

A  DEPARTMENT  OF  LABOR. 

In  the  interest  of  American  labor  and  the  uplifting  of  the  workingman,  as  the  corner  stone  of  the 
prosperity  of  our  country,  we  recommend  that  Congress  create  a  Department  of  Labor,  in  charge  of  a 
secretary,  with  a  seat  in  the  Cabinet,  believing  that  the  elevation  of  the  American  laborer  will  bring 
with  it  increased  protection  and  increased  prosperity  to  our  country  at  home  and  to  our  commerce 
abroad. 

As  a  Democrat,  I  should  want  to  be  consistent  with  the  platform  of  my  party,  even 
if  I  were  not  so  fully  impressed  (as  I  am)  with  the  intrinsic  merits  of  the  proposition 
for  the  creation  of  a  Dejiartment  of  Labor. 

It  may  be  said  that  we  are  not  here  discussing  a  separate  Department  of  Labor.  I 
grant  you  that;  but  we  are  here  discussing  the  proposition  to  create  a  new  depart- 
ment of  government  to  be  called  Commerce  and  Labor,  in  which  labor  is  practically 
subordinated,  and  which  bill,  in  my  humble  judgment,  is  a  blow  at  the  labor  inter- 
est. No  one  w  ho  reads  this  bill  can  form  any  other  rational  conclusion.  In  the 
report  of  the  majority  of  the  committee — and  1  call  the  attention  of  my  distinguished 
friend  from  Illinois  [Mr.  Mann],  who  wrote  this  report,  to  the  fact  that  although  he 
says  the  existing  Department  of  Labor  would  not  be  interfered  witli  should  the 
pending  measure  l>ecome  a  law,  he  shows  later  in  the  same  report  that  it  would  be 
subordinated.     Here  is  what  the  majority  report  says  at  one  point: 

It  has  been  a  natural  fear  on  the  part  of  some  of  the  labor  leaders  that  the  new  Secretary  of  Com- 
merce and  Labor  would  have  a  bias  in  favor  of  capital  and  against  labor.  Granting,  for  the  sake  of 
argument,  that  this  may  be  true,  it  still  would  leave  the  Labor  Department  as  well  off  as  it  now  is. 
No  bias  of  the  Secretary  of  Commerce  and  Labor  could  control  or  affect  a  Commissioner  of  Labor 
who  is  not  subject  to  removal  by  him  and  whose  actions  and  reports  are  not  subject  to  his  control.  , 

Yet,  before  they  have  finished  that  report,  we  find  them  using  this  language  as  an 
argument  why  labor  should  be  made  a  part  of  the  bill: 

If  the  Commissioner  of  Labor  is  under  the  Secretary  of  Commerce  and  Labor,  he  will  make  a  report 
to  the  Secretary  of  Commerce  and  Labor.  That  report  will  be  published  with  the  annual  reports  of 
the  Department.  If  the  Secretary  of  Commerce  and  Labor  approves  of  recdniinendatious  made  by 
the  Commissioner  of  Labor,  he  will  so  state  in  his  annual  report,  and  pmlialily  tlu'  niuttcr  will  be 
called  to  the  attention  of  the  President  to  go  in  liis  annual  message.  If  tlie  Secretary  of  Commerce 
and  Labor  disapproves  the  recommendation  made  by  the  Commissioner  of  Labor,  he  will  say  so  in 
his  report,  and  that  will  call  attention  to  ami  advertise  the  recommendation  of  the  Commissioner  of 
Labor  in  a  way  which  will  call  it  to  the  attention  of  Congress. 

So  that  although  they  undertake  to  say  in  one  part  of  their  report  that  the  status 
of  the  i^resent  Labor  Dej^artment  will  not  be  changed  or  hampered,  in  another  jiart 
of  the  same  report  they  distinctly  show  that  it  is  subordinated.  It  is  known  to  us 
all  that  the  Labor  Department  is  now  an  independent  department  of  this  Govern- 
ment, although  the  Commissioner  has  no  seat  in  the  Cabinet.  But  the  Department 
of  Labor  is  independent  and  is  attached  to  no  other  department  of  the  Government. 
We  propose  here,  instead  of  recognizing  and  dignifying  labor,  instead  of  listening  to 
the  demands  of  the  laboring  classes  to  give  them  a  department,  we  propose  to  make 


LEGISLATIVE   HISTORY  563 

thorn  worst'  off  than  they  now  ;vn>.  TIu'v  ask  for  bread  and  wr>  pivo  thctn  a  stone. 
They  liave  an  indi'iH'mU'nt  di'partnient  as  tlio  law  stands,  aiii(Mial)lc  to  no  other 
di'partnu'nt  of  the  (iovennnent,  and  this  we  i>ro|>ose  to  take  away  front  tlieni.  We 
jiropost- to  suhordinate  them  to  anotlier  great  interest.  We  i>ro[)ose  to  make  tlieir 
present  di'partment  a  mere  bnrean,  for  after  all  that  lias  been  said  that  is  2'i'iictically 
wliat  we  do  if  we  pass  this  l)ill. 

Mr.  KoBB.   Will  the  jientleman  allow  me  to  ask  him  a  (piestion? 

IVIr.  Davis,  of  Florida.   Yes,  sir. 

Mr.  KoBH.'Isnot  the  Connnissioner  of  Labor  nsnally  selected  from  the  laboring 
elass — that  is,  some  one  who  is  identitie<l  with  labor? 

;\lr.  Davis,  of  Florida.   He  et-rtainly  onglit  to  be. 

.Mr.  KoBi!.  Tlien,  1  will  ask,  what  in  all  i)robability  will  be  tht;  result  if  this 
Department  of  Commerce  and  J>abor  be  estal)lished? 

]Mr.  Davis,  of  Florida.  If  my  friend  Avill  permit  me,  1  am  going  not  only  to  say 
somethingon  that  i)oint,  but  to  rea<l  what  the  lal)or  representatives  tell  ns  about  that; 
and  perhaps,  having  had  my  attention  called  to  it,  now  is  as  good  a  time  as  I  will 
have  to  do  it. 

We  liad  before  the  Connnittee  on  Interstate  and  Foreign  Commerce  a  number  of 
hearings  on  the  sul)ject  of  the  creation  of  this  new  Department.  Gentlemen  came 
before  us  representing  commercial  interests  and  representing  lai)oring  interests. 
Among  the  latter  Mas  .Mr.  Thomas  F.  Tracy,  representing  the  American  Confedera- 
tion of  Labor,  an  organization  consisting  of  90  national  and  international  nnions 
located  throughout  the  Fnited  States,  22  State  bodies,  300  local  and  central  bodies, 
and  L200  federated  imioiis,  of  all  organizations  of  labor  throughout  the  country,  and 
he  uiulertook  to  sjieak  before  us  for  this  vast  number  of  laboring  people  of  this 
country.     He  said  this: 

^Ye  have  no  particular  ol)jocti<)ii  to  tlio  cruatioii  of  the  Department  of  Commerce,  but  we  ask  tliat 
in  the  creation  of  that  Deiiartment  there  shall  also  be  ereatefl  the  other  department  iii<iepen<ient  of 
that,  known  a.s  the  Deparlineiit  of  Labor.  We  feel  that  in  the  President's  official  family,  where  the 
interests  of  organized  labor  are  being  discussed,  that  advice  and  counsel  should  be  given  by  a  mau 
who  is  in  close  touch  with  organized  labor  and  who  knows  and  realizes  what  it-i  needs  are. 

W'c  are  not  committed  or  opposed  to  any  of  the  bills  that  have  been  submitted  along  the  line  of 
creating  this  Department  of  Commerce;  but  when  the  bill  that  passed  the  Senate,  the  Nelson  bill, 
Wiis  under  consideration  we  wanted  to  ask  that  the  Department  of  Labor  be  left  entirely  without  the 
scope  of  that  bill,  and  without  taking  tip  the  time  of  the  committee  I  would  read  a  Utter  that  was 
addressed  by  Mr.  Gompers,  the  president  of  the  American  Federation  of  Labor,  to  Senatoi  Frye, 
President  pro  tempore  of  the  Senate,  when  that  bill  was  under  consideration: 

[Letter  of  Mr.  Gompers  is  given  on  page  -ITS.] 

I  want  to  read  a  little  further  from  3Ir.  Tracy's  testimony  ))efore  the  committee. 

The  Chairman.  We  have  liad  only  two  additions  to  the  Presidential  family  in  fifty-three  years,  and 
these  departments  are  created  tisuallyat  long  intervals.  Your  contention  would  involve"  the  addi- 
tion of  two  members,  when  it  is  altogether  possiliie,  and  to  my  mind  more  than  probable,  that  your 
purpose  would  be  met  by  the  establishment  of  one. 

Mr.  Tracy.  I  would  .say  that  the  labor  organizations  have  been  agitating  this  question  for  thirty- 
five  years.  We  have  not  reached  the  point  yet  where  we  can  have  a  representative  in  the  ("abinet, 
but  we  hope  to  some  day,  and  we  intend  to  keep  on,  beeau.se  the  infiuenee  of  labor  is  of  sutiicient 
importance  in  this  country  for  it  to  have  a  representative  in  the  President's  official  family. 

Mr.  Richardson.  Do  you  not  believe  that  if  the  Department  of  Commerce  was  established  the 
manufacturing  interests,  as  has  been  illustrated  here  already,  would  overshadow  the  labor  partof  it'? 

Mr.  Tracy.  Umpiestionably  so. 

Mr.  Davis.  And  yiai  think  that  if  the  President  selected  a  man  whose  education  fitted  him  pecul- 
iarly to  overlook  the  labor  interests,  the  commercial  interests  would  kick? 

Mr.  Tracy,  rtuloubtedly,  and  vice  versa. 

Mr.  Davis.  Ami  if  the  President  suggested  a  man  peculiarly  fitted  to  overlook  the  interests  of  com- 
merce the  labor  interests  would  tindoubtedly  feel  neglected? 

Mr.  Tracy.  Tliey  certainly  would. 

Mr.  Coombs.  Vou  think  that  your  inlerests  would  be  so  lost  that  they  would  not  develoj>  to  the 
extent  of  demanding  a  separate  department. 

5Tr.  TisACY'.  T  bi,>g  your  pardon. 

Mr.  Coombs.  I  say,  do  you  think  that  your  interest-s  would  be  so  lost  and  absorbed  that  they  would 
not  develop  further,  ahd  would  not  be  able  to  assert  themselves  as  they  do  now? 

Mr.  Tracy.  Yes,  sir. 

Mr.  Coombs.  You  are  afraid  of  getting  lost? 

Mr.  Tracy.  Di  the  shuffle;  yes,  sir. 

Now,  there  is  what  is  said  liy  this  gentleman  representing  the  large  labor  organi- 
zations which  I  Iiave  name<l.  I  want  to  read  you  what  another  laboring  man  said 
before  that  committee.  IT.  R.  Fuller,  representing  the  Brotherhood  of  Locomotive 
J'.ngineers,  the  Brotherhood  of  Locomotive  Firemen,  the  Order  of  Railway  Conduc- 
tors, the  Brotherhood  of  Railroad  Trainmen,  and  the  Order  of  Railroad  Telegraphers, 
said  this  in  his  argument  liefore  us: 

Now,  we  object,  first,  Mr.  Chairman,  on  general  grounds.  We  know  this,  that  the  people,  with  all 
respect  to  them,  who  have  asked  for  the  creation  of  this  new  Department  are  commercial  men,  and, 
secondly,  employers  of  labor.  We  can  safely  say  that  in  regard  to  thisquestion  the  words  "employer" 
and  "commercial  men"  are  synonymous  terms. 

Now,  we  think,  just  as  it  was  stateil  by  the  chairman  of  the  Manufacturers'  Association  of  the 
United  States  here  yesterday,  that  a  department  to  be  beneficial  to  the  interests  that  it  represents 


564  LEGISLATIVE    HISTORY 

should  devote  its  whole  energy — those  are  the  words  that  he  used — to  that  eud.  Now,  energy  means 
something  more  tlinn  simply  interest. 

I  wish  to  stop  tliero  for  a  moment  and  digress  to  say  that  these  people  who  have  askeil  for  the 
creation  of  this  Department  are  employers  of  labor,  and  should  this  bill  become  a  law,  or  this  new 
Department  bo  created,  it  does  not  matter  whether  you  folks  see  tit  to  strike  the  Labor  Department 
from  it  ornot.  Every  member  of  this  committee  has  had  experience  enough  in  political  affairs  to 
know  that  these  influences  which  have  brought  about  the  passage  of  this  bill  can  consistently  claim 
of  the  President  that  they  are  entitled  to  recognition  in  the  selection  of  this  man  to  be  placed  at  the 
head  of  this  Departincnt. 

They  do  do  it;  tlicy  do  do  it  in  the  other  Departments.  When  there  is  a  vacancy  on  the  Interstate 
Commerce  CV  mi  mission,  for  instance,  the  railroads  of  the  country  get  together  and  select  a  man,  and, 
usually,  he  is  put  thire  to  till  that  vacancy.  And  we  feel  that  even  if  you  allow  this  bill  to  go  througli 
as  passed  by  the  Senate,  calling  this  the  Department  of  Commerce  and  Labor,  they  will  claim  the 
right — not  thi?  absniute  right — but  a  riglit  to  this  extent,  at  least,  that  the  President  will  listen  to  their 
claims.  We  do  not  dispute  tliat  right.  If  they  have  brought  about  this  agitation  that  creates  the 
Department,  I  will  not  say  that  they  have  not  a  right  to  do  that. 

Now,  then,  so  far,  I  want  to  say  that  a  man  who  represents  those  interests,  if  he  is  selected  to  rep- 
resent this  Department  in  the  Cabinet,  although  he  may  be  honest,  and  I  have  reason  to  believe  that 
be  would  l)c — we  have  no  reason  to  believe  that  any  man  is  otherwi.se  until  we  find  him  so— is  not 
competent  to  represent  labor.  He  is  not  competent  to  sit  down  at  the  Cabinet  table  with  the  Presi- 
dent when  something  very  vital  is  up  before  that  council  in  which  labor  is  interested,  and  to  speak. 
]tissim]ily  that  he  is  like  the  laboring  man — a  man  of  environments.  His  whole  life  has  been  spent 
in  some!  Iiiiig  else — in  fiu'thcring  the  interests  of  employees— and  consequently  he  is  not  capable  to 
speak  for  labor,  even  though  he  felt  honestly  disposed  to  do  so,  and  I  believe  that  he  would  be. 

And  during  the  examination  of  Mr.  Fuller  by  the  committee,  this  colloquy  ensued: 

Mr.  Richardson.  In  that  connection,  do  you  believe  you  represent  the  entire  sentiment  of  labor  in 
this  country  when  you  say  that  this  Labor  Department  ought  not  to  be  put  under  a  Commerce 
Department? 

Mr.  Fuller.  I  think  .so,  from  my  experience  among  the  men  and  my  talks  with  them. 

Mr.  D.vvis.  Do  you  not  think  it  would  be  inifortunate,  both  for  labor  and  for  capital,  to  luidertake 
to  combine  theni  in  one  general  head  this  way? 

]\lr.  Fuller.  I  do. 

Mr.  Davis.  Do  you  not  think  it  would  produce  future  distrust  and  bickerings? 

Mr.  Fuller.  I  do.  As  I  stated  yesterday,  Mr.  Davis,  I  said  that  a  man  representing  capital  was  not 
competent  to  represent  labor  in  this  Department;  that  I  also  thought  that  the  ordinary  representa- 
tive labor  mail  could  not  represent  all  of  the  interests  that  are  merged  under  this  Department  of 
Commerce. 

Mr.  Davis.  Aside  from  that,  Mr.  Fuller,  do  you  not  think  when  the  President  commenced  to  form 
his  Cabinet  there  would  naturally  be  a  contest  between  capital  and  labor  as  to  which  one  of  the  two 
classes  would  capture  this  Cabinet  office? 

Mr.  Fuller.  I  think  so. 

Mr.  Davis.  And  do  you  not  think  if  the  President  should  appoint  a  capitalist  who  is  not  thoroughly 
familiar  with  labor  conditions  it  would  displease  labor? 

Mr.  Fuller.  It  certainly  would. 

Mr.  Davis.  And  that  if  he  should  select  a  laboring  man  it  would  displea.se  capital? 

Mr.  Fuller.  It  certainly  would.  After  I  had  concluded  my  remarks  on  this  point  yesterday  a 
representative  of  capital  came  to  me  and  said  he  thought  I  was  right  on  it. 

Mr.  Richardson.  Do  you  think  from  the  spirit  and  trend  of  this  bill  that  the  manufacturing  inter- 
ests would  have  largelythe  advantage  in  securing  a  Secretary? 

Mr.  Fuller.  I  think  so.  I  stated  that  yesterday.  If  this  Department  is  created  they  cau  claim 
the  credit  for  its  creation,  becau.se  they  are  the  ones  who  have  asked  for  it. 

Now,  Mr.  Chairman,  these  extracts  Avhich  I  have  read  speak  more  forcefully  than 
I  could  possibly  do. 

Mr.  Hepburn.  Will  my  colleague  permit  me  to  ask  a  question? 

Mr.  D.wis,  of  Florida.  Certainly. 

Mr.  Hepburn.  The  gentleman  stated,  or  read,  I  think,  the  sources  of  information 
that  one  of  these  gentlemen  had  as  to  the  conditions  of  labor.  Now,  I  want  to  ask 
you  if  any  of  the  men  who  appeared  l)efore  that  committee  professed  to  have  been 
authorized  by  any  organized  body  of  la1)or?  They  said  they  represented  that  num- 
ber and  this  numl)er  and  the  other  numV)er,  but  did  any  man  say  that  any  set  of  menr 
had  sent  them  here? 

Mr.  Davis,  of  Florida.  In  reply  to  my  friend  1  will  say  that  so  far  as  anybody 
coming  before  us  with  credentials,  no;  so  far  as  any  man  coming  before  us  exhibiting 
authority  to  represent  any  particular  body,  no.  But  they  who  spoke  for  labor  spoke 
with  as  much  authority  as  they  Avho  spoke  before  us  in  the  interest  of  connnerce. 
And  my  friend,  the  distinguished  chairman  of  tiie  committee,  knows  that  they  were 
credible  gentlemen;  they  said  they  represented  lal)or  in  sentiment,  and  I  believed 
and  believe  they  did. 

Now,  IMr.  Chairman,  I  have  said  all  that  I  care  to  say  on  this  bill.  I  want  to 
repeat  that  if  the  word  "labor"  in  the  title  and  all  through  this  bill,  wher-ever  it 
occurs,  can  be  stricken  out,  as  will  be  moved  by  my  friend  from  Alal)ama  [Mr.  Rich- 
ardson] as  an  amendment  to  the  bill,  I  shall  have  no  objection  to  its  jiassage.  _  I 
shall  be  glad  to  cast  my  vote  for  the  measure.  I  am  willing  to  see  the  commercial 
interests  of  tliis  country  represented  in  the  President's  family.  I  repeat  that,  in  my 
judy;ment,  (his  great  interest  ought  to  be  repi-eseiited  there;  l)ut  1  do  not  believe 
that,  when  lal)or  lias  been  standing  up  for  more  than  thirty  years  asking  for  a  repre- 
sentative in  the  President's  family,  we  ought  to  insult  that  element  by  making  the 
present  Dejjartment  of  Labor  what  will  be  tantamount  to  a  mere  bureau  in  the 


LEGISLATIVE    HISTORY  565 

IVpartmont  of  Cominprco.  I  ho\H'  tln'  Iloiist'  of  li('|)n'MMilativ('s  will  mit  go  on  rec- 
oii|  a.s  tloiiiij  so.     [Louil  a])iilans('. ] 

.Mr.  Hkiiakdson,  of  Alal»aiiia.  Mr.  ( 'liairman,  I  now  yiclil  live  niiinitcs  to  my  col- 
k-ajrue  [Mr.  Clayton]. 

.Mr.  Ci-AVToN.  Mr.  ("liairman,  I  lia«l  not  intcndc'd  to  tako  any  part  in  tliis  (li.scuH- 
sion,  but  the  que.>^tion  propounded  by  the  gentleman  from  Jo\va'[.Mi'.  Hepburn],  the 
chairman  of  the  connnittee,  who  reported  this  bill,  can  be  easily  answered  by  refer- 
ence to  tlie  repoit  of  the  connnittee  aeconipanyiiig  this  measure.  On  page  10  of  the 
report  I  think  that,  so  far  as  lu!  is  concerned  and  so  far  us  conci-rns  the  majority  who 
have  re])orted  this  bill,  his  (juestion  is  answered,  against  what  !  takt^  to  be  his  con- 
tention. 

Till'  distinguished  chairman  seems,  by  his  (juestions,  to  dispute  the  projuisition 
that  organized  labor  iso])posed  to  being  taken  inider  the  wing  of  this  so-called  Depart- 
ment of  Coimnerc-e.  The  distinguished  chairman  by  his  (|uestion  chailenges  the 
a.><sertion  of  the  gentleman  from  Florida  [Mr.  J)avis]  tliat  organized  labor  is  opposed 
to  playing  ".second  (iddle"  to  the  Depaitnient  of  Connnerce.  Organized  lai)or,  so 
far  as  any  nuMuber  here  knows  from  private  correspondence  or  i>rivate  convensa- 
tion,  is  ojiposed  to  this  measure.  It  does  not  lie  in  the  mouth  of  the  chairman  of 
the  committee  to  dispute  that  proposition.  1  read  now  from  the  report  of  the  com- 
mittee: 

There  has  been  opposition  to  this  proposition.  .V  majority  of  the  leaders  of  organized  hibor  who 
have  oxpres.sed  any  opinion  upon  the  siil)ject  have  opposc<l  the  phicing  of  the  firesent  Department  of 
Labor  in  the  new  Department. 

There  is  an  athnis.sion  that  the  majority  of  the  leaders  of  oiganize«l  labor  who  have 
expre.^sed  any  opinion  upon  the  subject  are  opjjosed  to  j)lacing  this  Department  of 
Labor  in  the  Dei)artment  of  Commerce. 

Mr.  Hepiu'kx.   Will  the  gentleman  allow  me  a  moment? 

Mr.  Cl.wton.  Certaiidy. 

Mr.  IDci'urRx.  .My  recollection  is  that  four  gentlemen  representing  labor,  or  con- 
nected with  labor  organizations,  ai>peared  before  our  connnittee.  The  gentleman  is 
correct  in  saying  that  three  of  them  expressed  tlieiroi)inions  in  the  way  he  has  stated. 
The  point  1  was  trying  to  make — as  the  gentleman,  if  he  had  paid  close  attention  to 
my  remarks,  might  perhaps  have  known — was  this:  While  I  do  not  dispute  the  fact 
that  certain  gentlemen  came  there  and  assumed  to  speak  for  labor,  I  say  that  no  man 
came  therewith  credentials  or  jn-etending  that  any  l)ody  of  labor  had  sent  him  to 
represent  their  views.     That  is  w  hat  I  said. 

Mr.  (.'l.vvtox.  I  was  not  ])resent,  of  course,  at  the  hearing  of  the  committee;  I  do 
not  know  ]>ersonally  about  this  matter;  l)ut  I  take  it  that  what  the  gentleman  says 
is  true.  I  can  not  doid)t  it.  That,  however,  I\Ir.  Chairman,  does  not  affect  the  con- 
troversy. The  fact  is — and  this  report  shows  it  to  l)e  a  fact;  every  man  who  has  dis- 
cns.'^ed  this  proposition  a<lmits  it  to  be  a  fact — that  organized  labor  is  opposed  t(_)  being 
placed  in  tln^  Department  of  Connnerce. 

Now,  the  report  of  the  connnittee' tmdertakes  to  answer  that  fact.  It  concedes  it 
to  be  a  fact,  and  tries  to  argue  away  from  it.  Now,  let  us  admit  this  fact.  Let  us 
not  incjuire  into  whether  these  men  who  ti'stified  before  the  committee  had  creden- 
tials properly  signe<l  or  whether  they  meet  all  the  red-tap;'  requirements  of  the  most 
fastidious  gentleman  who  has  served  on  committees  of  credentials  in  conventions. 

[Deic  the  hammer  fell.] 

.Mr.  Ci.AVToN.  Just  one  more  iiiimUe. 

Mr.  KRIIAKU.SOX,  of.Mabaina.  I  yield  live  minutes  more  to  the  gentleman  from 
-Mabama. 

.Mr.  Ci.AVTox.  Thank  you.  The  gentleman  admits  in  his  report  the  fact  to  be  tliat 
<irganized  labor  is  opiMsed  to  l)eing  taken  into  the  Department  of  Commerce,  and  the 
admi.'^sion  winch  I  have  already  (pioted  is  strengtheHcd  by  the  arginnent  which  is 
made  in  the  report  in  an  endeavor  to  inilhfy  that  position  of  organized  lal)or,  for  the 
report  goes  on  to  say: 

The  opposition  has  been  based  upon  the  idea  that  wlioever  iiiiirht  be  selected  as  Secretarv  of  the 
new  Department  would  be  a  representative  of  eapitalistje  iiitbictic^'  and  not  of  labor.  In  vie"\vi>f  the 
opposition  fif  some  of  tlie  lal)or  leaders  to  the  inchision  of  the  Department  of  Labor  in  the  proposed 
new  DepartmeiU,  your  committee  has  f^iveii  tlie  sutiject  careful  and  considerate  e.\amination.  We 
are  satislie<l  that  the  opposition  is  based  upon  a  natural  misunderstandinf,M>r  the  situation  anil  a  mis- 
a[iprehension  as  to  the  effect  of  such  action. 

The  Department  of  Labor  as  now  organizefl  has  its  duties  defined  by  statute.  Tlie  statute  provides 
that  It. shall  be  presidecl  over  l>y  a  Commissioner  of  Laljor,  to  be  appointed  by  the  President.  It  is 
not  i)roposed  to  make  any  <liaii,ne  in  these  provisions  of  the  statute.  If  the  Dci)artment  of  Labor  is 
inclndeil  in  the  new  Deiiarlmeiit,  the  Secretary  of  the  new  Department  will  not  have  tlic  power  to 
appoint  the  ('oniinissioner  of  Labor,  nf>r  will  he  have  power  to  prevent  the  Commissioner  of  Labor 
from  discharj,'!!!.;,'  the  duties  now  imposed  upon  that  otlice  by  the  present  net  of  Cdiiijress. 

It  is  iMipos-jlile  to  see,  ttiiTefore,  how  there  can  eimie  any  injurious  elTect  from  ineludinjj  the  Labor 
Di'parlmeiit  in  the  new  Department  ni  Coinmeree  and  Labor.  As  the  law  now  exists  the  President 
can,  at  any  lime,  name  sume  one  fur  appointncnt  as  Commissioner  of  Labor  w  ho  may  l)e  adverse  to 


566  LEGISLATIVE    HISTORY 

labor  and  favorable  to  capital  as  against  labor.  It  is  not  likely  that  any  President  will  ever  do  this, 
and  it  is  equally  unlikely  that  he  would  do  it  if  the  Department  of  Labor  were  made  a  part  of  the 
Department  of  Commerce  and  Labor. 

Now,  ]\Ir.  Chairman,  that  admits  the  contention  of  my  colleague  from  Alalmma 
[Mr.  Richardson]  and  the  gentleman  from  Florida  [Mr.  Davis],  that  the  laboring 
people  are  opposed  to  having  the  Department  of  Labor  merged  into  the  Department 
of  Commerce.  Tlie y  are  jealous  of  surrendering  whatever  independence  that  Depart- 
ment may  have  to  an  officer  who  may  be  controlled  entirely  by  commercial  influ- 
ences, and  who  may  not  be  in  touch  and  sympathy  with  the  great  laboring  masses 
of  the  country.  Therefore  I  shall  sui)port  the  amendment  offered  by  my  colleague 
from  Alabama.  The  Department  of  Labor,  instead  of  l:)eing  a  mere  bureau  in  another 
department,  subordinate  to  some  Cal)inet  officer,  ought  to  have  an  officer  in  the 
Cabinet.  The  laboring  interests  of  this  i-ountry  are  as  important  as  the  interests  of 
commerce. 

Indeed,  Mr.  Chairman,  everybody  knows  that  we  could  not  conduct  commerce, 
that  the  great  industries  of  the  country  would  stand  still,  were  it  not  for  the  laboring 
people,  and  they  are  jealous  of  the  supervisicju  of  peoi)le  who  may  not  l)e  in  sym- 
pathy with  them.  The  better  proposition  would  have  been,  and  the  better  proposi- 
tion now  is,  to  defer  to  their  wishes  and  not  only  to  create  this  Department  of  Com- 
merce, if  you  wish  it,  and  if  that  is  to  be  created,  to  create  also  a  Department  of 
Labor,  with  a  Cabinet  officer,  so  that  labor  may  have  a  representative  in  the  Cabinet 
to  voice  the  wishes  and  the  sentiments  of  that  great  class  of  our  people.     [Applause.] 

Mr.  Richardson,  of  Alabama.  Will  the  gentleman  from  Iowa  now  use  some  of  his 
time? 

Mr.  Hepburn.  I  yield  twenty  minutes  to  the  gentleman  from  Michigan  [Mr. 
Corliss]. 

Mr.  Corliss.  IVIr.  Chairman,  I  am  very  heartily  in  favor  of  the  general  provisions 
of  this  l)ill.  When  the  last  Department  was  created,  in  1862,  our  people  were  prin- 
cipally engaged  in  agriculture.  That  was  the  great  branch  of  industry  in  our  country, 
and  the  creation  of  the  Agricultural  Department  has  demonstrated  the  great  useful- 
ness of  such  branches  of  our  executive  office.  Since  the  creation  of  that  Department 
we  have  constructed  vast  railroads,  telegrajih,  and  telephone  lines,  until  every  part  of 
our  great  country  is  supplied  with  rapid  communication  and  transportation.  Since 
that  time  there  has  been  developed  in  almost  every  city,  village,  and  hamlet  in  our 
country  institutions  for  the  manufacture  of  our  natural  resources,  until  the  products 
of  the  farm  and  the  factory  far  exceed  the  capacity  of  our  people  to  consume  them. 
We  are  to-day  forceil  into  a  greater  field.  Hereafter  we  must  pursue  a  broader  view 
and  endeavor  to  expand  our  influence  in  foreign  commerce.  From  the  time  when 
the  first  nation  was  created  down  to  the  present  time  conunerce  has  been  king. 

All  things  created  by  God  or  man  have  their  infancy  and  grow  and  expand  until 
they  reach  the  zenith  of  their  influence,  then  wither  and  die.  This  is  as  true  of  nations 
as  of  men.  Therefore  if  our  nation  is  to  go  on  and  its  power  and  influence  in  the 
world  is  to  be  extended,  we  nuist  meet  the  growing  demands  of  the  people  by  the 
creation  of  a  Department  of  Commerce  to  assist  its  growth.  The  greatest  interests, 
influence,  and  wealth  of  the  ]ieople  to-<lay  are  embi-aced  in  industrial  enterprises  and 
commerce.     I  therefore  think  that  this  measure  is  most  opportune  and  wise. 

Now,  with  reference  to  the  Department  of  Labor  being  incorporated,  there  has 
developed  in  this  countiy  an  aggregation  of  capital,  a  combination  of  interests,  many 
of  which  are  wise  and  beneflcial,  and  they  are  associated  intimately  with  labor.  The 
organization  of  capital  has  not  gone  forward  more  rapidly  than  the  organization  of 
labor.  The  effect  of  these  two  combinations  of  labor  and  capital  upon  our  great 
interests  may  l»e  likened  unto  the  two  hands  of  man.  Capital  is  necessary  and  labor 
is  indispensable  to  the  success  of  our  people  and  our  nation.  Great  progress  has  been 
made  recently  toward  the  union  of  these  great  interests.  The  creation  of  the  Civic 
Federation  and  the  establishment  of  theCt)al  Commission  by  the  President  are  doing 
much  toward  the  ailvancement  of  the  interest  of  labor. 

I  appreciate  the  fact  that  many  of  the  labor  organizations  do  not  desire  the  Bureau 
of  Labor  to  be  incorporated  as  a  i)art  of  the  Commerce  Department,  and  I  hesitate  to 
vote  against  their  wish  in  the  matter.  I  believe,  however,  that  if  labor  is  to  go  on 
and  derive  the  just  benetits  to  which  it  is  entitled,  it  must  be  recognized  as  a  part 
of  the  industrial  and  commercial  interests  of  our  country,  insejiarably  and  forever 
united,  and  I  look  forward  to  the  time  when  cai)ital  and  labor  engaged  in  all  char- 
acter of  industries  and  commerce  will  be  united  in  harmony  an<l  their  differences 
settled  by  the  just  tribunal  of  arbitration. 

It  is  suggested  that  a  Secretary  of  Conunerce  and  Labor  appointed  under  this 
measure  might  be  disposed  to  favor  commerce  rather  than  labor;  but  our  recent 
experience  under  President  Roosevelt  leads  me  to  think  that  under  the  present 


LEGISLATIVE    HISTORY  567 

Administration,  at  loiV^t,  labor  will  ho  in-otcctivl  ami  lici-  interest  ^na n led  fa i- better 
than  in  a  S(.'parate  hiirean. 

We  have  gone  on  for  years  appropriatinj;  vast  sums  of  money  for  tlie  improve- 
ment of  our  rivers  and  iiarhors.  We  have  been  oecnpied  f<jr  many  years  in  the  dis- 
cussion of  the  fxreat  isthmian  canal,  and  have  authori/A'd  tiie  exi>enditure  of  millions 
of  dollars  to  develop  this  hiy;h\vay  of  commerce,  and  the  time  is  ripe  for  the  exten- 
sion ot  our  fori'i>,'n  trade  and  the  expansion  of  our  conunerce  with  foreij^'u  countries. 
No  dcpaitnii'nt  of  our  ( iovernmmt  tn-day  has  jurisdiction  thereof  or  can  give  to  our 
industrial  and  comini'rcial  interests  the  information  that  is  necessary  to  enable  our 
peo}iU>  to  taki'  advantage  of  the  markets  of  foreign  countries. 

Ju  the  last  session  of  Congress  we  apjiropriated,  I  think,  nearly  half  a  million  dol- 
lars for  the  benelit  of  a  i)rivate  or  State  institution  located  at  I'hiladelidiia,  for  the 
jiurpose  of  building  up  a  bureau  of  information  to  enlighten  our  mamifacturers  with 
reference  to  foreign  markets.  1  f  that  was  wise,  it  is  certainly  better  that  the  ( iovern- 
meiit  exjiend  such  money  in  a  laireau  or  in  a  department  especially  created  for  the 
benelit  of  connn^Mce  and  labor. 

^Ir.  ("hairman,  there  is  one  jirovision  of  this  l)ill  to  which  I  nnist  make  ol^jection. 
Section  0  authorizes  the  creation  of  a  new  Bureau  of  Insurance.  The  business  of 
insurance  is  not  commerce.  A  contract  of  insurance  is  not  an  instrumentality  of 
conunerce,  and  the  creation  of  this  Bureau  is  unnecessary  and,  in  my  judgment, 
unwise.  The  insurance  com|)anies  of  our  country,  locate<l  in  (lifferent  States,  are 
pi-operly  regulated  by  State  laws.  There  is  no  complaint  that  any  investor  in  insur- 
ance, whether  it  he  life,  marine,  or  tire,  is  not  furnished  with  all  the  information 
necessary  \\  ith  reference  to  the  stability  of  the  corporation,  the  character  of  its  policies, 
statistics  with  reference  to  losses,  etc.,  in  the  statistics  now  i)ul)lished  by  the  corjiora- 
tions  themselves.  You  might  as  well  create  a  bureau  for  the  investigation  of  the 
value  of  seciu'ities  that  our  people  desire  to  purchase,  such  as  railroad  bonds  and 
industrial  stocks  and  things  of  that  kind  into  which  people  i)ut  their  money. 

I  want  to  call  the  attention  of  the  House  to  the  decision  of  the  Supreme  Court  of 
the  T'nited  States  with  referi'uce  to  insurance.  Ccnigress  has  no  power  to  regulate 
the  insurance  business.  It  is  a  useless  ex]ienditure  of  the  public  money.  Let  me 
read  from  the  opinion  of  Justice  Field  with  reference  to  any  kind  of  insurance: 

Issuing  a  policy  of  insurance  is  not  a  transaction  of  commerce.  The  policies  are  simple  contracts 
of  iiuleninity  against  loss  by  tire  entered  into  between  the  corporations  and  the  assured  for  a  con- 
sideration paid  by  the  latter.  These  contracts  are  imt  articles  of  coninierce  in  any  proper  meaning 
of  the  word.  They  are  not  subjects  of  trade  and  barter  ottered  in  the  market  as  somethinK  having  an 
e.\ist('n<'e  and  vahie  iiideiiendent  of  the  parties  to  them.  They  are  not  commodities  tn  lie  shijiiied  or 
fdrwarded  from  one  State  tn  another  and  then  put  up  for  sale.  They  are  like  other  pirsi>nal  con- 
tracts lietween  parties  which  are  completed  by  their  signature  and  the  transfer  of  the  consideration. 
Stich  contracts  arc  not  interstate  transactions,  though  the  parties  may  be  domiciled  in  dift"eront 
States.  The  policies  do  not  take  effect — arc  not  executed  contracts — until  delivered  by  the  agent  in 
Virginia. 

That  opinion  was  written  in  the  case  of  Paul  /.  ^'irginia. 

Mr.  Hei'BIKX.   W'hen? 

^Ir.  CouMss.  ]t  is  reported  in  8  AVallace,  108.  I  can  not  tell  the  year  when  it  was 
rendered. 

Mr.  Perkins,   liack  in  the  sixties,  I  think. 

Mr.  CoKi.iss.  I  am  reading  from  155  United  States  Keports,  in  wliich  that  opinion 
is  quoted,  and  that  was  of  later  date,  1894.  Justice  White,  now  on  the  Su])reme 
Bench,  in  rendering  the  ojunion  in  the  case  of  Hooper  v.  California,  said: 

The  business  of  insurancv  is  not  commerce.  The  contract  of  in.snrance  is  not  an  iiisinnnentality 
of  coninuTce.  'J'he  making  of  such  a  contract  is  a  mere  incident  of  commercial  iiUercourse,  and 
in  this  respect  there  is  no  dilTerence  whatever  between  insurance  against  lire  and  insurance  against 
"  the  i)erils  of  the  sea." 

I  will  also  call  attention  to  the  case  of  Fire  Insurance  Compau}-  against  New  York 
(119  r.  S.  Keports,  p.  lit)): 

Insurance  is  not  commerce;  it  is  not  a  contraet  over  which  Congress  has  any  control  under  the 
Constitution. 

Why,  then,  bmvien  the  ])eople  by  a  creation  of  a  department  and  tlu' appi>intment 
f)f  odicers  and  the  ])tiyment  of  salaries  merely  for  the  pin'])ose  of  gi\ing  emj)lovment 
to  some  one?  It  can  have  no  beneficial  effect.  Congress  can  not  regulate  it.  If 
you  find  that  the  great  insurance  comiiaTiies  of  New  York  are  specadating  on  AVall 
Street,  and  thereby  endangering  the  interi'sts  of  the  jHilicy  holder.  Congress  has  no 
]iower  to  stoj)  it.  Congress  has  no  jurisdiction  over  it.  Therefore  1  submit  that 
paragraph  in  this  bill  should  be  stricken  out. 

I  believe  that  the  iK'iiartment  of  Conuuerct^  will  b(>come  the  greatest  ])Ower  and 
intluence  for  good  of  any  department  of  our  country.  1  would  perhaps  ]>ersonally 
go  further,  and  incorporate  other  interests.  The  bill  as  it  came  from  the  Senate 
incorporated  too  many  l)ureaus,  and  the  committee  has  been  wise  in  narnjwing  the 


5G8  LEGISLATIVE    HISTORY 

measure  down  to  tlie  proper  administration  of  that  branch  of  onr  Government. 
Capital  is  only  labor  combined.  Labor  and  commerce  are  indispensa})le  to  each 
other.  They  should  be  enlarged  and  advanced  by  every  influence.  I  am  therefore 
heartily  in  favor  of  the  bill,  with  the  exception  mentioned. 

Mr.  Crujipac'kek.  Before  the  gentleman  takes  his  seat  I  would  like  to  ask  him  a 
question  or  two  with  reference  to  the  insurance  proposition. 

jNIr.  Corliss.  I  would  be  glad  to  answer  any  questions  that  the  gentleman  may  ask. 

]\Tr.  Crumpacker.  Is  there  any  bureau  or  division  in  any  bureau  of  the  department 
that  has  jurisdiction  of  the  subject  of  insurance  now? 

Mr.  Corliss.  I  think  not,  sir. 

Mr.  Crumpacker.  I  understand  that  statistics  relating  to  insurance,  fire  and  life, 
are  collected  by  the  Census  Department. 

Mr.  Corliss.  There  is  no  doubt  but  what  the  Census  Department  and  some  other 
departments  have  obtained  statistics  upon  that  subject.  Certainlj'  the  Census 
Dejjartment  has  gathered  statistics  pertaining  to  it. 

Mr.  Cru.mpacker.  This  bill  as  it  is  now  provides  for  the  creation  of  an  independent 
bureau  devoted  exclusively  to  the  subject  of  insurance,  as  I  understand. 

Mr.  Corliss.  And  the  publication  of  information  pertaining  thereto. 

Mr.  Gaines,  of  Tennessee.  I  will  ask  the  gentleman  to  I'cad  those  words. 

Mr.  Corliss  (reading): 

It  shall  be  the  province  and  duty  of  said  Bureau,  under  the  direction  of  the  Secretary,  to  exorcise 
such  control  as  may  l)e  provided  by  law — 

And  there  can  be  no  provision  by  law,  under  the  Constitution — 

over  every  insurance  company,  society,  or  association  transacting  business  in  the  United  States  out- 
side of  the  State,  Territory,  or  District  wherein  the  same  is  organized,  and  to  footer,  promote,  and 
develop  the  various  insurance  industries  of  the  United  States— 

TIow?— 

by  gathering,  compiling,  publishing,  and  supplying  all  available  and  useful  information  concerning 
such  insurance  companies  and  the  business  of  insurance,  and  by  such  other  methods  and  means  as 
may  l)e  prescribed  by  the  Secretary  or  provided  by  law. 

Now,  my  ]5oint  is  this:  I  believe  that  under  the  Constitution  of  our  country  we 
have  no  jurisdiction  over  insurance.  We  can  not  hereafter  pass  laws  affecting  it. 
You  may  de\'eIop  all  the  information  you  possibly  can  and  it  will  be  of  no  benefit  to 
the  people.     They  are  furnished  the  information  now  in  the  States. 

[Here  the  hammer  fell.] 

Mr.  Hepburn.  Mr.  Chairman,  I  yield  to  the  gentleman  from  Georgia  such  time  as 
he  may  desire  to  use. 

Mr.  Adamson.  Mr.  Chairman,  though  I  was  not  originally  A'ery  enthusiastic  for 
the  creation  of  a  new  department,  I  have,  during  the  hearings  and  investigation  of 
the  subject,  reached  the  conclusion  that  if  a  department  including  commerce  is  to  be 
established  the  title  of  the  present  bill  was  wisely  retained  by  the  Senate  and  equally 
wisely  retained  by  the  House  committee. 

If  anybody  is  jealous  as  to  the  use  of  names  or  terms  or  the  particular  place  of 
names  in  the  titles  of  bills,  I  am  perfectly  willing  to  transpose  the  names  in  the  title 
of  this  bill,  and  denominate  it  "the  Department  of  Labor  and  Commeree."  I  did 
not,  until  the  agitation  of  this  bill  came  n]\  understand  tluit  tliere  was  any  very  loud 
demand  throughout  the  country  for  a  Department  of  Commerce.  There  had  been  a 
(leman<l  f(ir  a  Department  of  I.iabor,  and  I  know  that  the  demand  was  in  at  least  one 
platform  of  my  party. 

Now,  if  some  gentleman  should  move  to  strikeout  "commerce"  and  leave  this 
the  "])epartment  of  Labor,"  there  might  be  some  reason  for  supporting  that  on  this 
side  of  the  Chamber.  I  do  not  jsropose  to  consent,  by  the  establishment  of  this  new 
Department,  to  a  declaration  of  war,  declaring  or  recognizing  by  law  a  state  of  war 
between  capital  and  labor.  I  am  quite  sure,  and  it  is  not  denied  here,  that  those 
representatives  of  lalior  who  ap]>eared  before  the  conuiiittee,  objecting  to  placing 
labor  in  this  new  Dejiartment,  were  actuated  l)y  the  sole  reason  that  they  expected 
as  soo:i  r  '  this  Department  was  established  to  use  it  as  an  additional  argument  for 
the  establish  njent  of  another  department — a  Department  of  Labor. 

Mr.  Davis.  What  representative  of  labor  made  that  remark  before  the  committee? 

Mr.  Adamson.  I  do  not  remember  the  name  of  the  particular  gentleman,  and  I 
did  IK  it  say  that  any  man  made  that  remark  before  the  committee.  I  said  I  so  under- 
stood it,  and  it  has  not  been  denied  here.  But  while  my  distinguished  friend  was 
S])eaking  I  remember  either  hearing  him  read  or  say  something  that  sounded  very 
like  such  an  admission. 

JNIr.  Davis.  What  1  said  and  what  I  read  from  the  remarks  was  that  the  gentleman 
hoped  that  at  some  time  labor  would  be  separately  and  independently  represented. 


i,K(!isLAri\  )•:   iiisroKY  509 

?.Ir.  Akamson.  I  luivo  no  (loul)t,  Mr.  C'liairnian,  that  that  is  the  roa.«on  of  the 
(pl)j(.'ctiiiii  liy  till-  ri'presentativos  of  lal)or — of  all  who  did  ()l)joct — tliat  they  expect 
iiiiiiicdiatcly  t<>  in-oriuv  the  t  stalilishnu'iit  nf  a  I  IriKirtnu'iit  nf  J-ahor.  I  statcil  to  my 
colU'a.iiiU's  on  tho  cun  unit  Ice,  and  1  roitcnitr  tluM)|iiniMn  here,  that  if  laiiorf^huuM  he 
j^tricken  fioMi  tlii.'^  hill,  and  the  l)ciiartnuiit  ul'  ('(ininiiTcc  aiimi'  lolt,  they  would  come 
liffoiv  the  proper  eonunittee  of  tiiis  1  louses  and  secure  t  he  report  of  a  hill  estahlishiiig 
a  Department  of  I-ahor,  and  it  would  l)i'come  the  law  of  the  land  hefore  this  bill 
leceived  the  signature  of  the  Presi<lent,  in  my  hund)le  judgment. 

.Air.  Ku  iiAKOsoN,  of  Alabama.  May  I  ask  the  gentleman  a  question? 

Mr.  Adamson.   With  great  ])leasure. 

Mr.  RienAHOsox,  of  Alal)ama.  If  lalior  were  to  do  that  and  secure  a  separate 
and  distinct  department,  would  the  genliemati  he  oiijiost'd  to  it? 

Mr.  .Vdamson.  I  would  \n{r  for  it,  and  so  would  you.  1  just  stated  tliat  if  you 
struck  conunerce  from  the  bill,  there  would  ))e  more  sense  in  it  than  in  striking  out 
labor. 

Mr.  IvK'nAimsoN,  of  Alabama.  1  un<lerstood  the  gentleman  to  say  that  if  lalior  is 
left  in  the  bill,  he  would  vote  against  the  Dejiartment  of  Commerce  and  Labor? 

Mr.  Adamsox.  No;  I  sui)port  the  l)ill  as  re])orted.  If  you  strike  out  labor,  1  have 
not  stated  what  I  wouhl  do. 

Mr.  Kkiiahdsox,  of  Alabama.  I  understood  that  to  he  the  jiosition  of  the  gentleman. 

Mr.  AoAjrsox.  I  may  have  saiil  in  connnittee  tliat  if  labor  weic  stricken  out,  I 
would  vote  against  it,  but  I  have  not  said  it  here. 

Mr.  Ri(  iiAnnsox,  (jf  Alabama.  I  understood  th(>  gentleman  to  sa\'  that  if  labor  was 
left  in  the  bill  as  it  is  now  the  gentleman  would  vote  for  the  bill,  but  that  if  labor 
was  stricken  out  he  would  not  vote  for  the  liill. 

Mr.  Adamsox.  The  deponent  has  not  stated  what  he  would  do  if  labor  were  stricken 
out,  l)ut  when  the  roll  is  called  I  will  try  an<l  vote  loud  enovigh  for  the  gentleman  to 
understand  without  any  mistake.  I  have  not  agreed  to  vote  for  the  bill  if  you  strike 
out  labor.  I  do  not  lielieve  it  would  be  as  wise  a  bill,  and  I  do  not  believe  there  is  as 
great  deniand  for  th(»  Department  of  Conunerceas  there  is  for  a  Department  of  Labor. 
I  belii've  that  every  l']xecntive  Department  of  the  CJovernment  is  more  or  less  devoted 
now  to  the  interests  of  commerce. 

Mr.  (tAines,  of  Tennessee.   Will  the  gentleman  allow  an  interruption? 

Mr.  Ada.msox.  Certainly. 

Mr.  Gaixes,  of  Tennessee.  Does  the  gentleman  think  that  we  should  have  the 
Insurance  Bureau? 

^Ir.  Adamsox.  I  do  not  believe  the  Federal  (iovernment  should  interfere  with 
insurance  or  any  business  of  the  citizens  of  the  States  beyond  a  possible  bureau  of 
infoiination. 

^Ir.  (iAixES,  of  Tennessee.  Llave  we  not  already  all  the  information  we  need  about 
insurance? 

Mr.  ADA>rsox.  1  do  not  know.  I  ojipo.eed  at  first  the  suggestion  that  the  Federal 
Government  take  jurisdiction  over  insurance  for  the  reason  that  I  feared  it  might  be 
taken  advantage  of  by  sjiurious  co'mpanies  to  defeat  the  precautions  and  jirotection 
which  tlie  Stat(>s  have  inaugurated  for  the  defense  of  their  citizens. 

^Ir.  G.vixEs,  of  Tennessee.  Wfiuld  not  the  reports  be  frankable,  and  so  relieve  the 
insurance  companies  of  that  burden? 

.Mr.  Adamsox.  It  might  be  of  some  corres])onding  advantage  to  citizens  who  deal 
with  insurance  compianies.  I  would  go  far  enough  to  say  that  as  to  any  of  these  mat- 
ters the  Federal  (iovernment,  Avith  its  superior  advantages  and  facilities,  might  be 
able  to  get  up  more  satisfactory  information  and  disseminate  it  throughout  the  coun- 
try. That  far  I  have  been  willing  to  go  on  all  these  questions;  but  this  bill,  as  I 
understand  it,  in  so  far  as  it  provides  for  an  insurance  bureau,  emphasizes  the  idea 
that  it  is  to  ))e  a  bureau  of  information. 

Now,  I  was  going  on  to  say  that  every  existing  dei)artment  of  the  Crovernmeut  is 
more  or  less  now  (levoted  to  the  intei'ests  of  commerce.  It  might  have  been  that  a 
reclassitication  or  collocation  of  the  different  bureaus  might  have  obviated  the  neces- 
sity for  this  Departmi'ut,  but  there  came  from  all  over  the  country  demands  for  this 
Dejiartnient.  The  only  word  of  disc«nl  heard  was  an  occasional  reference  to  the  dif- 
jV-rences,  jiurely  artilicial,  that  exist  between  different  interests  and  the  manifest 
jealousy,  foolish  and  wicked,  betwei'u  labor  and  cajiital. 

I  have  no  patience  on  the  face  of  the  earth  with  <lifferences  of  that  sort.  I  see  no 
sense  in  transferring  to  theCabinet  surrounding  the  President  a  chronic  row,  entirely 
artificial  on  its  face  and  vicious  in  its  vitals,  and  which  always  ought  to  be  discour- 
aged rather  than  encouraged. 

If  it  can  not  becompos(>d  in  a  department,  if  it  can  not  be  discouraged  there,  I  can 
not  see  how  the  situation  could  be  rendere<l  less  acute  by  dignifying  the  position  of 
both  parties  and  jilacing  the  warriors  at  the  Cabinet  table. 


570  LEGISLATIVE    HISTORY 

I  do  not  know  how  to  draw  these  Une8,  anyway.  I  do  not  know  many  men  who 
can  tell  whether  they  are  laborers  or  whether  they  are  caj)italist8,  whether  they  are 
employers  or  employees.  Most  men  manage  to  keep  ab(jut  even,  and  owe  as  many 
people  as  owe  them.  Most  men  are  willing  to  hire  hands  if  tliey  need  them  and  can 
pay  them.  Most  men  are  willing  to  hire  out  to  anybody  else  wlw  will  i)ay  them. 
Most  men  who  are  now  capitalists  have  been  reared  as  laborers,  and  if  now  "they  do 
not  labor  assiduously  with  their  own  hands,  if  in  lieu  thereof  they  are  able  to  employ 
the  industry  of  other  men,  it  is  their  good  fortune  that  they  have  been  able  to  econ- 
omize and  save  their  earnings  and  have  developed  judgment  enough  to  utilize  the 
lal)or  of  others  as  well  as  their  own;  and  they  are  no  less  the  men  of  brawn  and 
industry  l)ecause  they  have  saved  their  wages  and  improved  their  fortunes  than 
when  they  were  daily  lal)orers  themselves.  It  were  well  with  them  if  they  "forget 
not  the  rock  whence  they  were  hewn,"  and  few  of  them  do. 

Mr.  Chairman,  I  )>elieve  that,  in  so  far  as  this  Government  bestows  a  bounty  upon 
any  particular  business,  it  ought  to  recognize  tlie  particular  interests  which  are 
engaged  in  the  jiroduction  of  wealth  under  tliat  bounty;  and  for  that  reason  1  have 
often  urged  the  doctrine  that  wherever  la))or  and  capital  are  engaged  in  a  business 
which  enjoys  profit  by  reason  of  protection,  the  Government  ought  to  see  that  in 
such  a  case  "the  bounty  of  tlie  Government  is  fairly  shared  and  divided  between  the 
la])orers  and  the  owners  of  the  capital  operated  upon.  I  believe  that,  in  so  far  as  it  is 
proper  for  the  Federal  Government  to  take  part  in  the  adjustment  of  disputes  and  hear 
the  complaints  of  this  man  or  that  man  or  the  other  man  engaged  either  in  labor  or  in 
lending  money  or  investing  money  in  manufactures,  the  Government  ought  to  regard 
them  as  fellow-citizens,  with  common  and  reciprocal  interests,  and  do  nothing  and 
say  nothing,  enact  no  legislation,  that  will  authorize  any  of  them  to  forget  that  all 
lal)or  and  all  manufacture  and  all  production  and  all  trade  is  commerce. 

Gonniierce  is  trading  together.  Laljor  produces.  Manufactures  take  the  product 
and  cliange  its  form  and  character  and  value.  Other  jieople  engaged  in  merchandis- 
ing, in  importing,  and  exporting  take  the  products  and  the  raw  material  and  trans- 
port them  to  the  uttermost  parts  of  the  earth  and  in  another  form  of  commerce 
convert  them  into  other  things  that  the  original  laborer  and  intermediary  manufac- 
turer most  need.  These  products,  whether  raw  material  or  finished  by  skill,  go 
from  one  end  of  the  country  to  the  other  or  from  one  country  to  another,  and  it  is 
all  commerce.  And  the  man  who  would  stand  up  and  undertake  to  differentiate 
l)etwcen  the  different  citizens  and  classes  of  his  coimtry  and  seek  to  encourage  the 
divorcing  of  interest  from  interest,  seek  to  promote  bickerings  and  strife  to  the  point 
of  making  a  legal  declaration  recognizing  a  condition  of  existing  warfare  between  the 
different  citizens  of  his  country,  is  not  performing  the  part  of  a  patriot,  no  matter 
what  his  intentions  and  motives  may  be.     [Applause.] 

I  believe,  Mr.  Chairman,  the  ])art  of  wisdom  now  is  to  pass  this  bill  as  reported 
by  the  committee;  to  say  to  those  laborers  who  have,  fortunately,  gotten  rich,  "You 
are  still  laborers,  though  the  character  of  your  employment  may  have  changed;" 
to  say  to  the  poor  man,  the  man  at  work  with  the  overalls  on,  "Every  mayor,  every 
Congressman,  every  governor,  every  Senator,  everj^  dignitary,  every  capitalist  in  the 
land,  with  few  exceptions,  was  once  just  such  as  you.  Do  not  show  your  littleness, 
do  not  show  your  envy,  do  not  confess  your  inferiority  l)y  going  round  with  a  chip 
on  your  shoulder  begging  somel)ody  to  insult  you  and  disci'iminate  against  you. 
Stand  up  and  do  your  duty  as  a  man;  take  your  growth,  and  some  day  you  will  be 
one  of  these  same  capitalists  that  you  are  now  trying  to  get  the  chance  to  fight." 
But  you  will  be  no  more  honoral)le  in  the  eyes  of  honesty  and  intelligence  than  now, 
when  you  are  not  ashamed  to  work.      [Great  applause.] 

^Ir.  Chairman,  I  had  not  intended  to  speak  so  long.  I  thank  the  committee  for 
its  close  attention. 

The  committee  resumed  its  session  [January  15,  1903]. 

Mr.  Richardson,  of  Alabama.  Mr.  Chairman,  I  yield  to  the  gentleman  from  Mis. 
souri  [Mr.  Shackleford],  a  member  of  the  committee,  so  mncli  time  as  he  may  desire- 
Mr.  Shacklef(  )rd  addressed  the  conmiittee.  [His  remarks  were  not  furnished  to  the 
Congressional  Record.] 

Mr.  CocnuAN.  Mi'.  Chairman,  I  address  myself  first  to  the  main  question,  Shall 
this  new  Dejiartment  be  established?  Certainly  numerous  and  phuisilile  arguments 
in  favor  of  it  have  been  made,  and  if  the  pending  bill  only  provided  for  the  I'reation 
of  a  Department  of  Commerce,  with  misgivings  as  to  the  wisdom  of  further  enlarge- 
ment of  tlie  vast  system  of  1>ureauocracy  into  which  the  Government  is  l)eing  trans- 
formed, I  would  yield  to  the  suggestion  that  the  proposed  new  Dei)artment  might 
vastly  promote  industrial  and  commercial  development  and  give  it  my  support. 

But,  I\Ir.  Chairman,  the  l)ill  proposes  to  create  a  Dejiartment  of  Commerce  and 


LEGISLATIVE    HISTORY  571 

!>rtlH>r,  tlioreby  vesting  the  head  of  the  Department  Avitli  ])Owers  and  imposin*;  iipim 
him  ihities  which,  if  not  repujinant,  are  at  least  not  entirely  harnionions. 

To  connnit  the  interests  of  lal)or  to  tiie  keeping  of  the  Secretary  of  Commerce,  to 
treat  thi^  labor  problem  npoii  a  jilane  with  the  transactions  of  the  bourse  or  the 
market  ]>lace,  is  a  mistake  so  grave  that  it  is  grotes(|ue. 

Mr.  ("hairman,  what  do  we  exfu'ct  to  accomi)lish  by  creating  a  Department  of 
Connnerce?  The  name  of  the  new  Deiiartment  answeis  the  (jnestion.  We  hope  to 
develo[)  new  tields  of  profitable  trade  and  foster  old  ones.  We  hope  to  facilitate 
industrial  development  and  pri)mote  i-ommerce  at  Iiouk^  and  abroa<l.  What  should 
be  the  (|ualitications  of  tlie  chief  of  this  new  Depart iiunit'.'  Above  everything  else, 
he  should  be  a  man  of  affairs,  ai'<juainted  with  the  vast  subject  with  which  he  nuist 
lU-al;  vigilant,  euteri)rising,  resouiceful,  an<l  i)os.se.ssed  of  the  sagacity  wliicli  distin- 
guishes the  American  man  i>f  business  from  all  others. 

We  will  look  to  this  Deinirtment  to  give  direction  to  the  energetiit  campaign  that 
lias  for  its  object  the  eoiupiest  of  the  markets  of  the  world  by  American  merchants 
and  mamifacturers. 

How  to  i)rodui'e  the  best  and  at  the  same  time  the  cheapest  commodities  and  send 
them  w  iu'ie  they  are  wanted  is  the  most  vital  problem  of  international  commerce. 
Upon  its  solution  everything  else  depends. 

riaiidy,  then,  Mr.  Chairman,  the  work  in  liand  calls  for  the  i)ractical  experience 
and  training  of  tlie  merchant,  the  manufacturer,  tlie  financier,  and  if  the  new  Depart- 
ment is  to  justify  the  hopes  of  its  founders,  at  its  head  must  l)e  placed  a  man  uniting 
statesmanship  witli  much  experience  in  business. 

But,  iMr.  Chairman,  1  j)rotest  against  committing  to  a  man  such  as  I  have  descriV^ed 
the  safe-keeping  of  the  interests  of  la1)or.  The  labor  problem — tlie  j)roblem  of  the 
ages — the  most  vital  of  prolilems — is  in  its  very  essence  a  social  itroblem.  I  would 
not  expect  at  the  liands  of  the  man  of  i)er  centunisand  liargainseven  an  honest  effort 
to  understand  this  jn-oblem,  much  less  a  policy  in  dealing  with  it  consonant  with 
the  welfare  of  the  millions  who  depenil  upon  the  earnings  of  labor  for  a  livelihood. 
The  gentleman  from  (Georgia  [Mr.  Adam.son]  says  he  declines  to  admit  that  there 
is  an  irreconcilable  war  lietween  labor  and  capital.  That  is  not  the  way  to  put  it. 
Un(|nestional)ly  the  selfish  interests  of  capital  and  lalior  clash,  but  it  is  not  a  war. 
There  is  no  war  between  a  man  who  buys  a  farm  and  the  one  who  sells  it,  l)ut  the 
]>urcha.*er  is  eager  to  liny  it  at  a  less  price,  while  he  who  sells  seeks  a  larger  consider- 
ation. There  is  no  war  between  a  manufacturer  who  offers  goods  for  sale  antl  the 
merchant  who  buys  them,  but  their  interests  conflict.  Each  seeks  to  promote  his 
own  welfare — to  increase  his  own  profits.  On  this  line  rages  the  endless  contention 
betwei'u  lal)or  and  ca})ital,  and  experience  has  shown  that  with  labor  unorganized, 
with  each  individual  in  the  vast  industrial  army  segregated  from  his  fellows  and 
fighting  the  stern  battle  for  liread  alone,  slavery  must  inevitably  lie  the  fate  of  the 
va.st  majority. 

A  jirofound  consciousness  of  this  fact  has  led  to  the  organization  of  the  breadwin- 
ners of  the  United  States,  and  unfeending  oj)positiou  to  labor  organizations  on  the 
l)art  of  the  great  corporations  engaged  in  production  warns  us  that  in  the  future  the 
gravest  i>roblem  with  which  statesmanship  must  deal  is  how  to  measurajjly  reconcile 
the  contention  that  rages  l)etwei'n  these  stupendous  forces. 

History  admonishes  us  that  force  can  not  be  relied  upon  to  wisely  solve  this  prob- 
lem. We  shoul<l  not  forget  that  centuries  ago  precisely  analogous  conditions  led  to 
conflicts  jirecisely  similar  to  the  struggle  now  going  on  in  this  country.  On  the  one 
side  rich  employers,  arrogant  and  conscious  of  the  power  of  wealth  and  the  weakness 
of  ))overty;  on  the  other  the  wage-earners  organizecl  into  fraternal  brotherhoods. 

Then,  as  now,  the  employer  contended  that  for  the  laborers  to  organize  and  assert 
the  right  to  di-al  en  masse  with  employers  was  an  interference  with  his  legal  right  to 
dictate  to  each  laborer  si-parate  from  his  fellows  the  ti'niisan<l  conditions  of  employ- 
ment. Then,  as  now,  the  rejoinder  of  labor  to  this  autocratic;  assumption  was  defiance, 
and  persistence  in  the  effort  to  escape  by  organized  resistance  the  ])rogre.ss  of  an 
industrial  order  which,  in  the  end,  if  unoi)posed,  would  inevitably  lead  to  slavery. 

Mr.  ( 'hairman,  let  us  see  if  we  can  arrive  at  a  precise  delinitiou  of  the  issue  between 
labor  and  cajjital.  It  arisi'S  thus:  A  emj^loysa  thousand  men.  If  he  may  deal  with 
them  individually,  he  can  say  to  each,  "Take  what  1  offer  or  quit  my  employment." 
With  what  result?  Concede  this  power  and  he  may  dictate  aljsoluti'ly  all  the  stipu- 
lations of  the  lalior  contract.  He  may  dictates  the  lu-urs  of  labor,  the  ])rict'  of  labor, 
the  kind  of  quarters  the  men  shall  occupy,  and  thus  exerciser  a  tyranny  as  despotic 
and  all-pervading  as  ever  was  exercised  by  the  owner  of  a  chattel  slave. 

I  have  JU'ver  heard  from  tlu^  lips  of  an  enemy  of  organized  labor  any  satisfactorj' 
rejoinder  to  this  arraignment  of  tluMiidustrial  system  which  would  result  from  the 
denial  of  the  right  of  the  effective  organization  of  laborers. 


572,  LEGISLATIVE    HISTORY 

Of  course  we  hear  it  said  that  labor  is  a  commodity,  and  as  such  should  be  sold  Ijy 
each  individual  laborer  in  competition  with  others.  This  is  puerile.  Lal)or  differs 
from  all  other  commodities  in  many  and  vital  ways.  By  disposing  of  his  labor,  the 
laliorerfor  the  time  being  disposes  of  his  person.  He  loses  power  to  control  his 
associations  and enviromnent.  Furthermore,  hemustsellliiscommodity — his  lal)or — 
to-day,  to-morrow,  and  every  day.  The  merchant,  failing  to  oljtain  a  satisfactory 
price  for  his  wares,  may  lay  them  back  on  the  slielf  and  await  a  better  offer.  Instead 
of  a  loss,  he  may  gain  l)y  the  delay,  for  the  price  of  his  wares  may  advance.  Fail- 
ing to  find  a  buyer  to-day,  he  may  wait  until  to-morrow. 

Failing  to  dispose  of  his  wares  in  one  place  he  may  carry  them  to  some  other 
market  and  dispose  of  them,  or  may  often  consume  them  himself.  The  laborer  can 
do  none  of  these  things.  He  must  sell  his  labor  now — to-day — or  it  is  forever  lost. 
His  necessities — the  daily  wants  of  himself  and  his  household — com]iel  him  to  sell 
his  commodity  day  after  day,  in  good  times  and  in  1)ad,  for  what  it  will  bring. 

It  is  frequently  urged  that  instead  of  organizing,  laborers  should  seek  other  reme- 
dies. "If  the  terms  offered  by  the  employer  do  not  suit  him  he  should  cpiit  and 
seek  other  em])loynient,"  is  al)out  the  way  it  is  usually  stated.  This  is  generally 
imjKJSsible,  and  at  the  Vx'st  would  not  help  matters.  How  would  he  gain  a  living 
while  pursuing  this  remedy?  Would  he  better  his  condition  by  the  cliange?  With 
no  organization  to  stand  between  him  and  his  employer,  what  would  he  gain  bj'' 
changing  taskmasters? 

One  further  observation  on  this  brancli  of  the  subject.  Recently  there  has  occurred 
a  decrease  in  the  number  of  independent  oi)erators — an  increase  in  the  percentage  of 
our  jiopulation  dependent  upon  employment  and  wages  for  a  living.  There  has  ))een 
also  an  increase  in  the  percentage  (jf  iieople  living  in  cities.  This  onlj'  intensities 
the  struggle  and  increases  the  gravity  of  an  economic  and  social  problem  as  old  as 
civilization  and  trade.  It  was  with  our  progenitors  centuries  ago;  it  will  be  with 
our  descendants  centuries  hence.  Statesmen  and  governments  have  tried  in  various 
ways  to  satisfactorily  solve  it,  and  yet  I  believe  its  solution  is  possible. 

At  every  stage  of  tiie  controversy  labor  has  petitioned  for  an  appeal  to  reason  and 
the  abandonment  of  force  as  a  means  of  settling  labor  disputes.  For  seven  centuries 
this  demand  has  been  spurned  by  the  rulers,  lawmakers,  and  statesmen  of  Christen- 
dom. It  is  met  by  the  doctrinaire  of  the  old  si'hool  with  the  declaration  that  to 
attempt  to  establish  courts  for  the  settlement  of  labor  disputes  is  impractical ile  and 
visionary.  The  purse-proud  manufacturer  and  mine  owner  declare  that  such  a  scheme 
would  invade  personal  rights.  The  dollar-mark  statesman  who  thrives  by  dalibling  in 
watered-stock  schemes  of  development  says  that  already  tlie  exactions  of  laborunions 
have  increased  the  cost  of  production  to  a  dangerous  degree. 

These  arguments  have  prevailed  and,  reganlless  of  the  danger  that  lurks  in  gather- 
ing clouds,  we  repeat  tiie  folly  of  the  ages,  and  in  this  free  countrj'  have  made  little 
progress  in  the  direction  of  rational  treatment  of  the  labor  problem. 

We  should  not  forget  that  every  day  the  enviromnent  of  thci  laborer  and  the  con- 
ditions of  emi)loymeut  are  undergoing  changes  which  add  to  the  gravity  of  questions 
to  be  dealt  with.  Formerly  thousands,  probably  a  majority,  of  the  unskilled  labor- 
ers, were  employed  by  the  year.  They  may  ha\e  received  a  small  per  diem,  but 
they  were  secure  against  idleness  for  a  year.  Now  the  term  of  employment  is 
precarious. 

In  most  employments  the  mechanic  as  well  as  the  common  laliorer  is  now  em]iloyed 
by  the  day  or  by  the  hour.  The  significance  of  this  revolution  in  industrial  life  can 
not  be  exaggerated.  Think  of  it!  Formerly  the  breailwinner  was  emi)loyed  by  the 
year,  then  by  the  month,  then  by  the  week,  then  ))y  the  day,  and  now  by  the  hour. 
In  all  great  manufai'turing  enterprises  the  tendency  is  the  same. 

To  comnrehend  the  importance  of  these  changes  in  the  industrial  order,  we  must 
take  into  the  account  the  fact  that  in  dealing  with  the  wage-earners  of  this  generation 
we  are  liot  dealing  with  the  illiterate  serfs  of  former  times.  A  century  ago  few  labor- 
ers could  read  and  write.  The  mechanics  and  artisans  of  a  hundred  years  ago  were 
uneducated,  and  inferior  to  the  wage-earners  of  to-day  in  intelligence. 

I\lr.  Chairman,  even  when  the  laborer  was  illiterate,  harsh  legislation,  repression, 
did  not  prevent  him  from  resisting  the  op])ression  inseparable  from  an  industrial 
system  in  which  the  employer  claims  autocratic  power  over  all  the  stipulations  of 
the  lal)or  contract.  Heboid  a  schoolhouse  on  every  hill  and  in  every  valley,  placing 
within  reach  of  ever}'  boy  antl  girl  in  this  Republic,  rich  and  poor  alike,  the  same 
avemies  to  imjtrovement  and  education,  and  be  warned  against  persevering  in  the 
errors  of  the  past.  You  can  not  build  schoolhouses  and  employ  teachers  to  fit  men 
and  women  for  a  social  paradise  and  expect  them  to  dwell  in  contentment  in  an 
industrial  hell. 

]\Ir.  Chairman,  I  have  digressed  from  the  subject  in  liand  apparently,  but  it  was 
for  the  purpose  of  drawing  attention  to  the  fact  that  the  labor  problem  is  a  political, 


LK(nsLATIVK    HISTORY  573 

;i  sdcial  proMoni.  It  iiuist  1h'  studicil  apart  fnnii  tlir  relation  nf  lalior  to  tlio  profits 
of  till-  harL'aiii  counti-r.  I  can  not  lu'Iii'vo  tiiat  u  man  (•a|)al)l('  of  nicctin^onr  cxpi-ct- 
atioiis  us  a  Scm'tarv  uf  C'onuurrci'  wonid  apjuoarh  the  labor  )piolik'iu  with  any  just 
conception  of  its  true  natnre  or  of  its  vast  importance  cxccjit  as  it  is  related  to  the 
(pu'stion  of  the  cost  o(  the  jtroihiction  of  thinjis.  This  is  one  phase  of  the  (piestion, 
to  be  sure,  and  an  important  one,  bnt  it  is  not  paramount. 

Yonr  Secretary  of  Connn«'rce  will  be  drawn  from  classes  and  your  iH'partment  of 
Commerce  will  be  dominated  by  influences  interested  solely  in  increasiuji  trade  and 
tlie  profits  of  trailers.  It  is  idle  to  say  that  the  I'resident  would  appoint  a  Secretary 
of  tlu'  lU'partment  of  Conunerce  who  would  sympathize  witii  the  laborer's  battle 
for  a  l)etti'r  livini:  and  sympathize  witli  the  employer's  (piest  for  cheai)er  pro<biction 
auil  lari^er  ])rotits,  and  who  would  seek  to  hohl  the  scales  of  justice  evenly  between 
them. 

I  think  it  is  demonstral)le  that  unwise  and  discriminative  policies  jonii  pursued  by 
the  railroads  havt^  bli<rhte<l  the  villages,  prevented  the  j^rowth  of  small  cities,  and 
thus  driven  the  laborers  into  the  jrreat  cities,  to  their  immeasurable  injury.  Tliere- 
fore  I  believe  that  a  just  solution  of  the  transportation  ])roblem  would  contribute  to 
the  welfare  of  all  wa^'e-earners.  Accord  to  the  viliajje,  luiudet,  an<l  small  city  trans- 
]iortation  facilitii's  and  lates  such  as  are  enjoyed  by  the  larue  cities  and  they  will 
firow  anil  pros]ier,  and  the  tendency  to  the  con<,festion  of  waj^e-earners  in  cities  will 
be  ai  rested.  If  this  be  true,  by  moving'  in  this  direction  we  could  do  more  to  settle 
the  labor  prol>lem  than  in  any  other  way;  yet  we  are  j,'oin^  on  in  the  contrary 
direction. 

The  drift  of  the  laliorin<i  classes  to  the  jjreat  i-ities  is  the  most  ominous  si<;n  of  the 
times. 

What  is  the  consequence?  They  occupy  crowded  tenement  houses,  dwellin<,'  in 
continual  wretchedness,  and  rearinjj:  their  families  wliere  the  K)ofs,  the  fire  escapes, 
or  the  street  nuist  be  resorted  to  for  even  a  l)reath  of  fresli  air. 

I  know,  ^Ir.  Chairman,  that  much  of  the  suffering  and  many  of  the  misfortunes  I 
have  mentioned  are  unescai>ab]e,  but  I  know  also  that  many  of  these  evil  outgi'owtlis 
are  the  result  of  evil  i)ractices  which  could  be  and  ought  to  Ije  ])revented.  The 
victims  are  Jielple.^s.  AVise  statesmansliii),  nncurbeil  by  the  maxim  that  "Business 
is  business,"  must  find  a  remedy  for  such  of  these  evils  as  are  curable,  or  still  greater 
evils  will  be  visited  n]i<^in  all  classes.  Iloplessness  is  the  forerunner  of  despair, 
^lisery  is  the  mother  of  crime. 

Say  to  the  muliiplying  thousands  who  swarm  in  the  slums  of  the  great  cities  that 
there  is  no  hope  of  better  things,  that  they  and  their  posterity  forever  must  dwell 
amid  such  evil  enxironments,  ami  tlii-y  will  interpret  the  message  as  a  declaration 
that  as  to  many  ([ieihai)S  when  the  evolution  of  the  industrial  order  shall  l)e  com- 
plete, a  majority)  of  (iod's  creatures  civilization  is  a  failure,  Christianity  a  farce,  and 
t!ie  ]ireten.«e  of  just  government  a  travesty.  Would  such  an  interpretation  of  such  a 
declaration  l)e  right  or  wrong? 

IMr.  Chairman,  1  contend  that  here  1  have  suggested  another  phase  of  the  labor 
I)rol)leni  which  nuist  be  dealt  with.  1  do  not  lielieve  it  would  be  regarded  as  a  prob- 
lem in  sociology  by  the  Secretary  of  Commerce.  I  do  not  believe  he  would  consider 
it  at  all.  Apprised  of  all  its  evil  conseijuences,  he  would  ]irobal)!y  shrug  Ins  shoul- 
ders ami  say,  "l>usine.<s  is  liusiness,"  and  in  five  minutes  forget  that  he  had  ever 
heard  of  it.  And  yet  it  is  the  opinion  of  all  .sociologists  and  students  of  social 
economics  that  the  tendency  to  the  congestion  of  wage-earners  in  cities  is  the  most 
menacing  anu'ury  of  the  times. 

It  is  true  tiiat  this  tendency  is  world-wide,  but  it  is  more  marked  in  tlie  United 
States  than  anywhere  else,  and  this,  too,  notwithstanding  the  fact  that  here  it  .should, 
and  under  normal  conditions  would,  be  least  active. 

In  France,  where  a  i)opulation  of  nearly  40,000,000  occupy  an  area  of  territory  so 
small  that  were  you  to  jilace  it  in  Texas  and  make  Texas  a  sea  you  would  have  a 
hundred  miles  of  water  all  around  you,  a  larger  number  of  jK-ople  out  of  eveiy  thou- 
sand live  on  the  land,  outside  the  cities,  than  in  the  I'nited  States— a  republic  con- 
tinental in  area,  extendin<r  from  ocean  to  ocean  and  from  British  Cohnubia  to  the 
(inlf.  Why  this  difference?  It  is  because  the  little  neighborhood  factory  is  pros- 
perous in  France,  and  the  little  factory  in  the  Frem-h  hamlet  prosjsers  l)ecause  in 
France  the  lartre  city  and  the  small  handet  fare  alike  in  railroad  rates  ami  facilities. 

Mr.  Chairman,  other  considerations  bearing  ui)on  our  jiolitics,  and  closely  related 
to  the  labor  problem,  are  too  important  to  be  overlooked.  The  lawmaker  who  has 
not  discerne(l  in  recent  years  political  temlencies  which,  if  unchecked,  will  lead 
eventually  to  a  complete  revolution  of  the  parliamentary  situation  which  has  pre- 
vailetl  in  the  United  State's  for  a  hundred  years  has  not  closely  studied  events.  So 
far  the  control  of  the  Govtirnment  luvs  restecl  iu  the  hands  of  one  or  the  other  of  two 


574  LEGISLATIVE    HISTORY 

grreat  politioal  parties.  First  the  Federalists  ami  Republicans  contended  for  mastery. 
Later  tlie  Democrats  and  Whigs,  and  for  the  last  fifty  years  the  Democrats  and  Repub- 
licans have  divided  the  voters  into  two  vast  armies,  and  throughout  a  century  one  or 
the  other  of  these  great  political  organizations  has  governed  this  country.  Mr.  Chair- 
man, the  change  in  the  environment  of  a  large  proportion  of  the  voters  of  the  country 
has  set  on  foot  a  new  social  movement  which,  originating  in  a  community  of  interests, 
is  destined  to  lead  to  concerted  political  action. 

We  began  as  a  nation  essentially  rural.  During  the  early  years  of  the  Republic 
the  owners  of  the  soil  controlleil  political  parties  and  the  Government.  The  cities 
now  exercise  sui)reme  control  of  the  machinery  of  parties.  Thus  far  the  voters  of 
the  cities  have  remained  loytd  to  the  great  party  organizations  to  wliich  I  have 
referred.  How  much  longer  will  they  continue  to  be  loyal  to  these  parties?  How 
long  Mill  our  political  battles  l)e  fought  out  by  two  great  party  organizations  and  end, 
necessarily,  in  placing  one  or  the  other  of  these  great  parties  in  control?  Sir,  I  pre- 
dict that  in  the  not  distant  future  munerous  seats  on  this  floor,  and  later  a  few  seats 
at  the  other  end  of  the  Capitol,  now  held  by  Democrats  and  Republicans,  will  be 
occupied  by  the  representatives  of  a  new  ]iarty  evolved  from  the  interminable  struggle 
over  the  lalxjr  problem,  and  that  the  balance  of  power  in  politics  and  government 
will  eventually  be  held  by  tliese  newcomers. 

Mr.  Chairman,  the  drift  of  politics  in  this  country  during  the  past  six  years  has 
given  tremendous  impetus  to  this  tendency.  Whatground  for  hope  of  fair  considera- 
tion of  the  rights  of  those  who  toil  can  ])e  found  in  the  history  of  American  polities 
during  that  period?  My  distinguished  friend  fronr  Ohio  [Mr.  Grosvenor]  has  just 
entertained  us  with  a  rehearsal  of  the  election  statistics  showing  the  great  victories  of 
the  Republican  party  in  1896,  1898,  and  1900.  Unfortunately  for  the  country,  his 
extravagant  claims  are  justified  by  tlie  facts.  But,  JNlr.  Chairman,  let  us  consider 
briefly  the  conseijuences  of  these  glorious  Republican  victories. 

It  is  true  that  sevei-al  States  heretofore  Democi'atic  were  swept  into  the  Repuljlicau 
column  in  1896  and  have  remained  there  ever  since,  and  the  Republican  member- 
ship of  Congress  has  been  strengthened  proportionately.  The  Republicans  gained 
two  seats  in  the  Senate  by  retiring  two  Democrats  from  New  York  and  sending  two 
Repul)licans  in  their  places.  To  whom  were  the  Senatorships  awarded?  Were  they 
given  to  representatives  of  the  laboring  men  and  producers?  No.  One  went  to  Mr. 
Vanderbilt's  attorney,  JMr.  Depew,  and  the  other  to  the  United  States  Express  Com- 
pany in  the  person  of  its  i^resident,  Mr.  Piatt. 

Two  Democratic  Senators  from  "NV^est  Virginia  gave  way  to  two  Republicans.  Who 
are  they?  Representatives  of  lal)or  or  agriculture?  No.  Messrs.  Elkins  and  Scott, 
I^artners  in  tlie  ownership  of  the  West  Virginia  coal  monopoly.  A  veteran  from  Ohio, 
who  first  and  last  had  more  strongly  impressed  his  personality  upon  Republican  poli- 
tics and  policies  than  any  man  of  a  generation  in  which  giants  were  his  colleagues  in 
the  Senate,  Mr.  Sherman,  was  flattered  into  surrendering  a  seat  in  that  august  body 
to  the  worst  member  of  the  gang  of  newcomers  who  now  control  the  Republican 
party  machine. 

Who  is  the  beneficiary  of  the  conspiracy  by  which  John  Sherman,  in  his  dotage, 
was  wheedled  into  placing  himself  under  the  espionage  of  Mr.  Day,  from  Dayton, 
and  finally  retired,  broken-hearted,  from  a  Cabinet  office  in  which  he  had  been  placed 
not  for  the  purpose  of  honoring  him  with  its  dignity  or  with  the  intention  of  per- 
mitting him  to  exercise  its  duties,  but  solely  for  the  purpose  of  making  a  place  in  the 
Senate  for  the  chief  of  the  fat  fryers.  Is  he  a  representative  of  the  millions  who  toil 
in  shop,  mine,  field,  and  factory?  No!  He  is  the  prince  of  political  boodlers  and  a 
type  of  the  stock-jobber  statesmen  who  swarm  at  party  headquarters  during  cam- 
paigns and  are  gradually  taking  possession  of  all  branches  of  the  Federal  Government. 

Do  you  think  the  laboring  man  who,  in  his  home  or  boarding  house,  reads  the 
newspapers  and  knows  these  facts  as  well  as  you  do  is  unaware  of  their  meaning? 
Gentlemen,  these  things  are  driving  from  his  heart  the  hope  of  better  things  at  your 
hands,  and  he  will  notnmch  longer  follow  a  party  leadership  drawn  from  thedirectory 
of  corporations  and  identified  with  circles  essentially  hostile  to  the  dearest  interests 
of  the  millions  who  toil  for  a  livelihood.      [Applause.] 

In  conclusion,  ]Mr.  Chairman,  1  declare  that  solely  because  this  bill  proposes  to 
place  the  Labor  Bureau  in  charge  of  the  Secretary  of  Commerce  I  am  opposed  to  it 
and  shall  vote  against  its  passage.     [Applause.] 

IMr.  Hepburn.  Mr.  Chairman,  I  appeal  to  my  friend  that  he  fix  some  time  for  the 
termination  of  this  debate.  The  gentleman's  side  has  occupied  two  hours  and  four 
minutes,  and  one  hour  and  ten  minutes  has  been  occupied  on  this  side. 

Mr.  RicuARDSoN,  of  Alabama.  We  are  not  going  to  object  to  any  length  of  time. 
As  I  understand,  it  is  unlimited.     There  was  no  time  limit  put  upon  debate. 


LEGISLATIVE    HISTORY  575 

Mr.  ITErnrRN.  Y(wr  ]>ro]>nsiti(iii  was  that  at  4  o'cldck  we  would  aji;r<'(M)ii  wmie  time. 

Mr.  KiriiAiiusoN,  of  Alal)aiiia.  Al)ont  4  o'clock,  yes;  that  we  would  try  to  agree; 
and  1  am  reaily  to  fullUl  my  ])roposition  now.  J  will  try  to  agree.  1  think  we  had 
better  lake  the  vote  to-morrow — say  at  !>  o'clock. 

Mr.  Ilioi'iuKN.  To-morrow  will  he  otherwisi' occujiied. 

Ml-.  l\i(  H AKDsoN,  of  Alabama.  I  am  ready  to  comply  with  my  pnjiiositiou  to  the 
gentleman  that  we  should  try  to  agree. 

Mr.  JlKi'MruN.  Suj)pose  we  close  debate  after  four  and  one-half  hours? 

Mr.  KieuARDsoN,  of  Alabama,  (ienerai  debate? 

Mr.  IIkimukn.  Yes. 

Mr.  Ku'MAKDsoN,  of  Alabama.  When  will  that  stop  the  general  del)ate?  You  do 
not  ])ropose  to  close  it  this  afternoon,  d(j  you? 

]\Ir.  llKrnuHN.  1  should  like  to  close  debate  about  T)  o'clock.  We  want  upon  this 
Bide  a  half  hour  more  of  time.  That  will  give  an  houi'  an<l  forty  miiuites  to  this  side. 
You  liave  already  had  two  hours  and  four  minutes.  Now,  will  ten  minutes  more 
satisfy  gentlemen  on  that  side? 

Mr.  RicnARnsox,  of  Alabama.  I  should  not  like  to  agree  on  that,  because  there  are 
other  gentlemen  here  who  want  to  speak  and  I  do  not  desire  to  cut  them  out  of  the 
opportunity  of  speaking.  I  am  disposed  to  think  that  we  ought  to  adjourn  about  5 
o'clock  and  let  it  go  over  until  to-morrow. 

Mr.  liAMn.  To-morrow  is  war  claims  day, 

Mr.  Ku'MAHDsox,  fif  Alaliama.  My  i)roposition  strikes  mo  to  be  very  reasonable. 

Mr.  IIei'iukn.  1  ask  now  unanimous  consent  that  general  debate  be  concluded  in 
thirty-live  minutes,  ten  minutes  to  be  controlled  by  the  gentleman  from  Alal)ama 
[Mr.  Richardson]  and  twenty-tive  minutes  by  myself.  That  will  make  two  liours 
and  twenty-four  minutes  on  the  other  side  and  one  hour  and  thirty-live  minutes  on 
this  side. 

Mr.  KiCHARnsoN,  of  Alabama.  I  want  to  yield  now  to  the  gentleman  from  Texas. 

Mr.  IIkphukn.  Why  can  not  the  gentleman  agree  to  that  now? 

]Mr.  IvicHARDsox,  of  Alabama.  1  will  agree  if  no  one  else  wishes  to  speak  after  the 
gentleman  from  Texas  concludes. 

Mr.  Hkpbihx.  1  f  the  gentleman  does  not  know  of  anyone  else  who  wishes  to  speak, 
what  precludes  him  from  agreeing  to  the  proposition  now? 

Mr.  Richardson,  of  Alabama.  Because  I  am  afraid  that  some  one  might  want  to 
speak. 

The  Chairman.  The  gentleman  from  Iowa  asks  that  general  del)ate  l)e  concluded 
in  thirty-five  minutes,  ten  minutes  to  be  controlled  l)y  the  gentleman  from  Alabama 
and  twenty-five  minutes  by  himself.     Is  there  objection? 

IMr.  RicnARD.soN,  of  Alabama.  1  object.  I  will  yield  ten  minutes  to  the  gentleman 
from  Texas  [Mr.  Wooten]. 

Mr.  IIephirn.  I  yield  ten  minutes  to  the  gentleman  from  Texas.     I  have  the  floor. 

The  Chair.max.  The  gentlemen  from  Texas  [Mr.  Wooten]  is  recognized  for  ten 
minutes,  as  the  ('hair  understands. 

Mr.  Wooten.  I  do  not  think  I  shall  consume  that  much  time. 

Mr.  Hepburn.  I  yield  the  gentleman  from  Texas  ten  minutes. 

Mr.  Richardson,  of  Alabama.  Then  I  yield  to  him  ten  minutes  additional,  mak- 
ing twenty  minutes  in  all. 

The  Chairman.  The  gentleman  from  Iowa  [Mr.  Hepburn]  yields  to  the  gentle- 
man from  Texas. 

Mr,  Richardson,  of  Alabama.  I  thought  the  gentleman  from  Iowa  had  taken  his 
seat. 

The  Chairman.  The  gentleman  from  Texas  is  recognized  for  ten  minutes  in  the 
time  of  the  gentleman  from  Iowa. 

IMr.  Wooten.  Mr.  Chairman,  1  have  no  desire  to  further  j)rolong  this  discussion 
at  this  late  hour,  but  I  feel  like  going  on  record  against  this  1)111.  1  l)elieve  the  bill 
to  be  in  its  practical  ])urposes  and  its  inevitable  tendencies  wrong.  I  think  the  very 
title  of  the  bill  itself,  taken  in  c<jnnection  with  its  contents,  is  misleading  and  nus- 
represents  the  leal  purposes  and  effei'ts  of  the  measure.  This  is  entitled  "An  act  to 
establish  the  Department  of  Commerce  and  J^abor." 

Now,  I  have  .searched  in  vam  through  the  various  sections  of  this  act  to  find  a 
single  reference  to  labor  as  such  or  to  a  depaitment  or  bureau  of  labor,  except  so  far 
as  section  4  incorporates  and  consolidates  with  this  jiroposed  l)e]iartment  the  old 
Department  of  Labor  now  existing.  There  are  provisions  in  this  act  for  a  bureau  of 
insurance,  a  bureau  of  corjiorations,  a  Itureau  of  manufactures,  and  the  head  of  the 
Department  is  denominated  in  general  terms,  "the  .Secretary  of  Commerce  and 
Labor,"  but  nowhere  in  the  bill  is  there  any  provision  made,  or  any  duty  imposed, 


576  LEGISLATIVE    HISTORY 

or  any  fnnction  defined  tliat  can  be  reasonalily  related  to  the  cause  and  the  interests 
of  organized  lal)or  in  this  country. 

The  party  to  which  we  on  tiiis  side  of  the  House  belong  demanded  in  its  last 
national  platform  a  Department  of  Labor  as  one  of  the  independent  departments  of 
this  Government;  and  by  so  doing  it  recognized  the  necessity  for  a  Pepartnient  that 
should  be  wider  in  its  scope,  more  efficient  in  its  operation,  and  more  intelligent  in 
its  action  upon  these  questions  than  the  existing  Department  of  Labor.  Yet  this  act 
simply  incorporates  the  old  Department  of  Labor,  inadequate  and  inefficient  as  it 
has  heretofore  proven,  and  even  destroys  what  little  virtue  there  was  in  that  Depart- 
ment T)y  rendering  it  subordinate  and  subsidiary  to  the  jurisdiction  of  this  misnamed 
Department  of  Conmierce  and  Labor.  80  far  as  labor  is  concerned  in  this  country 
it  is  not  recognized. 

The  gentleinan  from  Georgia  [Mr.  Adamson]  intimated  that  he would  not  recog- 
nize any  coniiict  or  antagonism  between  capital  and  labor.  Mr.  Chairman,  1  fail  to 
understand  or  ai)i>reciate  the  peculiar  intellectual  and  moral  attitude  of  any  man 
wdio,  in  view  of  the  history  of  this  country  for  tlie  last  twelve  months,  can  say  there 
does  not  exist  a  radical  and  a  critical  antagonism  between  these  two  departments  of 
industry  and  enterprise.  For  the  last  nine  months  one  of  the  greatest  necessities  of 
this  country,  one  of  the  great  factors  in  the  civilization  and  the  commerce  and  even 
the  very  existence  of  our  people — the  fuel  supply  of  the  country — has  been  paralyzed 
by  this  antagonism. 

For  the  last  sixty  days,  nearly,  a  joint  high  cominission,  appointed  by  even  the 
President  himself,  has  been  seeking  to  solve  this  dangerous  and  critical  antagonism. 
And  yet  gentlemen  come  here  and  say  that  labor  can  afford  to  lie  in  an  unequal  and 
subordinate  position  in  a  Department  organized  simply  and  purely  in  the  interest  of 
commerce  and  the  connnercial  interests. 

1  undertake  to  say  that  the  laboring  people  of  this  country  have  asked  for  l)read, 
and  this  bill  gives  them  a  stone.  They  have  asked  for  representation  in  an  ade- 
quately organized  and  efficiently  conducted  department  of  the  Government,  and  this 
bill  takes  away  from  them  even  the  poor  pittance  that  they  now  enjoy  umler  the 
Department  of  Labor  as  it  now  exists. 

]\L)re  than  that,  I  am  opposed  to  this  bill  on  principle  and  on  what  I  conceive  to 
bb  sound  considerations  of  public  policy.  Under  this  bill  almost  every  important 
function  of  this  Government,  so  far  as  our  domestic  affairs  are  concerned,  is  consoli- 
dated and  centralized  under  this  new  Department.  The  bill  seeks  to  take  from 
nearly  every  other  Department  all  statistical  operations.  It  consolidates  here  a  mass 
and  a  complexity  of  interests  and  functions  that  will  render  it  in  many  respects  the 
most  important  and  far-reaching  Department  of  the  entire  Federal  Ciovernment. 
And  the  result  of  it  is  simply  to  nationalize  and  federalize  and  centralize  every 
interest  and  indnstry  in  this  country  in  the  hands  of  a  Federal  department  of  this 
Government  and  to  leave  practically  nothing  for  Congress  to  do,  nothing  for  the 
people  to  be  heard  upon. 

This  bill  belongs  to  that  school  of  political  philosophy,  that  school  of  commercial 
exploitation,  to  which  we  have  been  subjected  under  the  dominant  political  party 
for  a  nund)er  of  years  past,  whose  policy  it  has  been  to  nationalize  all  these  interests 
of  the  people,  i)ractically  to  al)roga>e  and  abolish  the  functions  of  their  representatives 
on  this  floor,  and  to  turn  them  overtoacongei'ies  of  bureaus  and  boards  to  be  admin- 
istered without  regard  to  the  interests  of  the  people.  That  is  what  the  bill  means  in 
its  jiractical  effects,  and  that  is  what  it  will  accomplish,  and  it  was  intended  to  accom- 
plish that  result. 

I  wish,  as  I  said,  to  go  on  record  against  the  l)ill,  as  being  hypocritical,  deceptive, 
and  misleading  in  its  attempt  to  answer  the  demands  of  labor;  and  in  the  next_])lace, 
on  account  of  tlie  fact  that  the  bill  itself  is  vicious  in  all  its  tendencies,  and,  in  my 
judgment,  is  calculated  simply  to  hasten  the  day  when  the  real  interests  of  the  peo- 
ple will  be  relegated  to  a  lot  of  boards  in  this  <'apital,  surrounded  by  that  sort  of 
environment  and  subject  to  that  sort  of  influence  that  furthest  remove  them  froma 
response  to  the  real  burning  needs  of  the  Eepuljlic.  [Applause  on  the  Democratic 
side.] 

Mr.  Hepburn.  INIr.  Chairman,  I  yield  five  minutes  to  the  gentleman  from  Kansas 
[Mr.  Scott]. 

Mr.  WooTEN.  ]\Ir.  Chairman,  I  understand  that  I  have  some  time  left  out  of  the 
time  yielded  to  me.     I  would  like  to  yield  that  to  somebody  else. 

TheCuAiuMAN.  The  gentleman  has  not  the  right  to  yield  time  which  has  been 
yielded  to  him. 

]\Tr.  Scorr.  Mr.  Chairman,  I  had  not  expected  to  ask  for  any  time  in  the  debate 
upon  tlie  ])en(ling  measure,  and  I  should  not  do  so  now  were  it  not  that  1  feel  impelled 
to  place  on  record  my  very  emphatic  dissent  from  some  of  the  views  which  have 
been  expressed  here  this  afternoon. 


LEGISLATIVE    HISTORY  577 

■Xoarly  all  thdPO  who  have  expressed  ojiposition  to  thif<  bill  have  based  that  oppo- 
sition upon  the  deelaratiou,  in  substance  if  not  in  set  terms,  tiiatthe  interests  of  lal)or 
are  so  diver^rent  from,  if  not  absolutely  antagonistic  to  the  interests  of  eoninierce  that 
it  would  he  wholly  illojrical  to  include  Ixith  these  interests  in  one  executive  depart- 
ment. It  has  been  declared  here  in  effect  that  this  new  I)ei)artment,  if  created, 
would  be  dominated  so  completely  by  the  capitalistic  interests  that  labor  \Could 
rc'ct'ive  Imt  scant  consideration,  if  indeed  the  interests  of  labor  were  not  actually  sac- 
liliced  and  betrayed. 

To  all  such  expressions,  ]\Ir.  Chairman,  I  must  emphatically  dissent.  1  have  no 
sympathy  whatever  with  the  sentiment  which  assumes  the  division  of  the  people  of 
America  into  distinctantl  necessarily  and  inevitably  antagonistic;  classes.  It  is  utterly 
repugnant  to  all  my  instincts  as  an  ximerican  citizen  to  hear  "iaI)or"  spoken  of  as  a 
distinct  and  clearly  marked  class,  and  "the  interests  of  labor"  allmled  to  as  some- 
thin<j  wholly  differentiate! I  from  and  necessarily  hostile  to  other  American  interests. 
There  is  no  such  distinction  in  fact  and  there  certainly  outiht  to  be  none  in  legislation. 

To  strike  out  from  this  bill  that  part  of  it  which  provi<les  for  the  incorporation  in 
the  jiroposed  Department  a  Labor  Bureau,  with  the  plain  purpose,  as  we  all  perfectly 
understand,  of  hereafter  demanding  the  establishment  of  a  separate  Executive 
Department  devoted  to  labor  alone,  is  in  effect  for  this  Congress  officially  to  declare 
that  the  alleged  conflict  between  capital  and  labor  is  not  only  inevitable,  but 
irreconcilable,  and  that  the  best  the  statesmanship  of  the  future  can  hope  to  do  is 
to  give  these  two  classes  a  fair  field  and  no  favors  and  let  them  fight  it  out. 

I  can  not  sul)scribe  to  that  sentiment.  1  believe  that  the  interests  of  commerce  and 
lalxir  are  nmtual  and  not  antagonistic,  and  I  shall  support  this  bill  becaui^e  I  believe 
it  will  do  more  than  any  measure  that  lias  yet  come  from  this  House  to  demonstrate 
this  mutuality  of  interests,  and  in  that  way  help  to  hasten  the  good  day  which,  how- 
ever long  it  may  be  delayed,  we  all  hope  is  coming,  when  strikes  and  lockouts  and 
boycotts  as  weapons  of  industrial  and  commercial  warfare  will  be  as  obsolete  as  the 
crossbow  and  the  catapult  are  as  weapons  of  physical  warfare.     [Applause.] 

3lr.  Hephckx.  ^Ir.  Chairman,  I  now  ask  unanimous  consent  that  general  debate 
be  closed  in  twenty-five  minutes. 

^Ir.  RiciiAKDsox,  of  Alabama.  That  is  agreeable. 

The  Chair.max.  The  gentleman  from  Iowa  asks  unanimous  consent  that  general 
debate  be  closed  in  twenty-five  minutes.     Is  there  objection? 

There  was  no  objection. 

3Ir.  HEi'HrHX.  3Ir.  Chairman,  so  far  as  I  have  been  able  to  deserve,  the  opposition 
to  this  measure  is  not  to  the  l)ill  in  its  entirety,  but  to  a  single  section  or  ])aragraph 
of  the  bill.  I  think  that  the  greater  number  of  gentlemen  upon  that  side  of  the 
House  are  quite  content  that  this  Department  of  Commerce  should  be  created,  but 
they  are  unwilling  that  the  present  Department  of  Labor  should  be  included  in  that 
Department.  That  opposition  to  my  mind  is  based  upon  two  erroneous  propositions: 
First,  that  there  is  antagonism  bet.weeu  the  interests  of  labor  and  the  interests 
of  emi)loyers  that  we  here  as  a  part  of  the  lawmaking  power  of  the  United  States 
ought  to  recognize. 

Gentlemen,  1  believe  that  that  is  a  fallacy.  I  do  not  believe  that  the  Government 
of  the  Unitefl  States  slunild  recognize  in  any  offici^  way  antagonism  or  warfare  be- 
tween those  twogreat  interests,  those  twogreat  classes  in  the  United  States.  [Appliiuse.] 
The  interests  of  labor  and  the  interests  of  that  capital  which  employs  labor  must  be 
identical.  They  are  identical.  Their  interests  must  move  side  by  side;  they  must 
be  joined  hand  in  hand  if  this  Government  of  ours  is  to  be  all  that  we  hope  it  may. 

(ientlemen,  assume  that  the  officer  called  upon  to  preside  over  this  great  Depart- 
ment would  be  hostile  to  the  interests  of  labor.  Why  do  you  assume  that?  What 
right  have  you  from  experience  or  observation  to  make  statements  of  that  kind? 
To-day  we  have  an  anomalous  sort  of  organization  called  the  Department  of  Labor, 
for  whatever  it  is  worth;  not  so  much  as  it  should  be,  not  so  much  as  it  will  l)e  if 
this  union  is  effected.  It  has  been  presided  over  by  one  man,  and  with  all  the 
changes  of  politics  in  the  administration  of  national  affairs  no  change  has  been  made 
in  the  head  of  that  Department. 

Democrats  and  Republicans  alike  have  retained  the  same  officer.  He  meets  all 
the  requirements,  I  am  told,  of  the  labor  organizations.  They  are  content  that  he 
should  remain  there.  The  capitalist  is  content  that  he  should  remain  there.  Tiie 
laborers  are  content,  the  employers  are  content.  Ma\'^  we  n(jt  learn  something  from 
that  experience  as  to  what  will  prol)ably  be  the  result  if  this  Department  is  created? 
This  is  to  be  the  Department  of  Conmierce  and  Labor.  You  gentlemen  seem  to  feel 
it  necessary  that  you  should,  in  speaking  that  sentence,  always  emphasize  commerce. 
It  is  as  nmch  the  Department  of  Labor  as  it  is  of  Connuerce.  A  gentleman  says, 
"  Why,  lalxjr  is  referred  to  only  in  the  most  casual  way." 

27628— Oi 37 


578  LEGISLATIVE    HISTORY 

I  am  glad  to  know  that  that  gentleman  is  from  Texas.  I  understand  that  if  he 
had  read  the  law,  first  creating'the  Bureau  of  Labor  and  then  the  Department  of 
Labor,  he  would  have  learned  that  there  was  much  in  the  statutes  upon  that  subject, 
and  that  whatever  there  was  is  continued,  and  whatever  powers  are  lodged  in  that 
Bureau  first,  and  that  Department  finally,  are  to  be  lodged  in  it  still.  The  only  dif- 
ference's that  there  will  be  one  other  man,  one  superior,  whose  genius,  whose  tal- 
ents, whose  patriotism  will  augment  the  qualities  possessed  by  the  gentleman  who 
now  presides  over  the  Department  of  Lal)or. 

You  take  nothing  from  the  Department  of  Labor;  you  add  to  the  Department  of 
Labor  by  another  with  more  power,  with  more  infiuence,  and  probably  with  qualities 
that  will  enable  some  additions  of  usefulness  to  be  made.  This  proposition  is  not  in 
derogation  of  lalwr.  It  is  not  subordinating  in  any  sense  the  Department  of  Labor. 
It  is  adding  to,  it  is  augmenting,  it  is  enlarging  the  scope  and  the  power  of  this  Depart- 
ment. It  places  this  Department,  that  now  has  no  voice  in  the  Cabinet,  in  the  coun- 
cils of  the  President,  as  high  as  the  highest.  It  will  have  the  same  place  as  the 
interests  that  cluster  around  the  State  Department,  or  the  Interior  Department,  or 
the  Post-Office  Department  have.  Labor  will  have  its  own  representative  in  the 
Cabinet. 

Mr.  Richardson,  of  Alabama.  Will  the  gentleman  from  Iowa  allow  me  to  inter- 
rupt him? 

Mr.  Hepburn.  For  a  question;  yes. 

Mr.  Richardson,  of  Alabama.  Is  it  not  a  fact  that  no  other  civilized  government 
or  power  of  the  world  has  undertaken  to  organize  the  department  of  labor  in  the  lan- 
guage and  with  the  title  that  this  bill  does? 

Mr.  Hepburn.  Well,  I  do  not  know;  I  am  not  a  linguist. 

Mr.  Richardson,  of  Alabama.  Is  it  not  a  fact  that  in  many  of  the  great  foreign 
powers  a  department  of  commerce  exists,  single  and  alone,  without  mentioning  the 
department  of  laljor? 

Mr.  Hepburn.  That  may  be.  This  is  an  improvement  upon. the  effete  nations  on 
the  other  side  of  the  Atlantic. 

Mr.  Richardson,  of  Alabama.  Then  why  should  this  Government  depart  from  the 
experience  of  the  world  on  that  subject  and  create  a  department  that  will  be  differ- 
ent from  any  other  that  ever  has  been  created,  touching  the  interests  of  lal)or? 

Mr.  Hepburn.  Mr.  Chairman,  the  i^eople  of  this  country  have  on  many  occasions 
taken  the  liberty  of  passing  beyond  the  precedents  that  had  been  established  on  the 
other  side  of  the  Atlantic,  l  think  our  fathers  did  it  when  they  established  this 
Government. 

[Applause  on  the  Republican  side.] 
Mr.  Adamson.  Will  the  gentleman  allow  a  question? 
Mr.  Hepburn.  Certainly. 

Mr.  Adamson.  Do  you  know  anything  in  this  bill  or  any  reason  elsewhere  that 
would  prevent  the  President,  if  so  disposed,  from  designating  as  the  Secretary  of  this 
new  Department  a  man  friendly  to  labor? 

Mr.  Hepburn.  Why,  surely  there  is  nothing  in  it  that  would  prevent  him  from 
doing  that,  and  there  is  no  inclination,  probably  existing  anywhere  that  would  deter 
the  President  of  the  United  States  from  appointing  a  man  to  this  oftit-e  who  would 
be  entirely  acceptable  to  all  the  labor  interests  of  the  United  States.  The  President 
of  the  United  States,  no  matter  who  he  may  be,  will  be  large  enough  to  know  what 
the  labor  interests  of  the  United  States  are  lo  our  past,  to  our  present,  to  our  future. 
He  will  be  large  enough  to  know  that  these  men  of  whom  we  speak  sometimes  as 
the  labor  interests  are  the  creators  of  our  wealth;  that  they  are  the  bulwark  of  our 
nation;  that  they  are  the  men  who  make  progress  possible.  The  President  of  the 
United  States  will  know  that  it  is  as  much  his  duty,  his  pleasure,  as  it  is  that  of  every 
other  citizen  of  the  United  States,  to  augment,  to  honor,  to  promote,  to  dignify  labor. 
We  have  long  passed,  and  so  has  the  man  who  will  be  President  of  the  United 
States  long  passed,  that  age  or  peiiod  when  mcu  look  upon  labor  as  a  liadge  of  deg- 
radation, as  a  mark  that  was  jnit  upi  m  one  to  show  the  wrath  of  God.  Ah,  no!  We 
recognize,  all  of  us,  the  fact  that  it  is  labor  that  creates  the  state,  that  it  i-s  labor  that 
does  all  in  the  great  race  of  progress  and  in  the  promotion  of  the  civilization  that  we 
enjoy  and  of  which  we  are  so  proud. 

Gentlemen,  how  can  you,  Avith  the  ideas  of  the  American,  constantly  prate  as  you 
do  upon  the  differences  and  distinctions  between  labor  and  capital,  giving  in  all 
instances  to  labor  the  inferior  place  and  the  place  with  the  least  of  power?  There  is 
no  logic,  there  is  no  patriotism,  there  is  no  Americanism  in  a  i)roposition  of  that 
kind.  [Loud  api>lause.]  La))or  stands  lirst  among  all  true  Americans;  and  so  we 
propose  to  ])lace  it  here.  AVe  are  going  to  augment,  to  add  to,  if  it  is  possible,  the 
dignity  of  labor  by  giving  it  a  Department. 


LEGISLATIVE    HISTORY.  579 

]\Ir.  Fitz(;kk.\i.1).   Will  the  p'utU'nian  ])i'rniit  ;i  (lucstion? 

Mr.  llEi'urKX.   Yes;  I  will  yirld  for  a  (jiu'stioii. 

Mr.  FiTzciKK.M.i).  I  wish  to  ask  the  fieiitlcman  if  there  was  any  proposition  In-fore 
his  coiiimittee  whieh,  if  these  I)ei)artineiits  had  heen  separate,  ■\vonl<l  have  heeu 
coiHpelled — (lie  I'resident — to  appoint  any  different  characti'r  of  man  as  the  head  of 
the  J.al)or  Dei>artnient  than  he  would  as  tiie  head  of  the  l)i-partnient of  Coninierce? 

^Ir.  llEriuiKN.  I  do  iu)t  think  there  was.  I  think  that  the  committee  reeo,i;nized 
tlie  faet  that  the  President  of  the  United  States  ehooses  the  heads  .of  departments  for 
their  fitnes.* — for  their  eapaeity  to  attend  to  the  details  of  their  business  and  as  liis 
eonstitutional  advi.sers. 

]\Ir.  FiTzciKKAiJ).  The  point  I  wantt'(l  to  l)riii<r  out  Mas:  Would  not  the  objeetion 
that  the  head  of  the  I)eiiartment  of  Commeree  and  Lal)or  would  be  hostile  to  labor 
ai)ply  to  the  hi'ad  of  tlie  Department  of  Labor? 

^Ir.  llEi'HrnN.  Why,  I  think  so.  If  there  is  a  fear  that  the  President  mi<rlit  make 
an  ap{)ointment  liostile  to  the  interests  of  lal)or  under  the  i)rovisions  of  this  bill, 
might  not  Ave  fear,  and  ought  not  the  fear  to  obtain,  that  if  there  had  been  a  sepa- 
rate department  he  would  yield  to  the  same  influences  and  bend  to  the  same  hostile 
views  on  labor? 

I\Ir.  Chairman,  considerable  discussion  has  ])een  liad  with  reference  to  the  i)rovi- 
sion  of  the  l)ill  creating  a  Bureau  of  Insurance.  Learned  gentlemen  have  dismissed 
the  constitutional  power  of  this  body  to  l(>gislate  upon  tins  sul)ject.  I  do  not  care 
to  enter  upon  that  discussion.  I  will  simjdy  hazard  this  humble  opinion:  That 
whenever  the  (piestiou  is  brought  before  the  Supreme  Court  of  the  Cnited  States  on 
a  (juestion  upon  an  insurance  policy — a  marine  insurance  policy,  covering  merchan- 
dise that  is  a  part  of  interstate  connnerce — the  Supreme  Court,  in  my  judgment,  then 
will  hold  that  it  is  commerce,  that  it  is  interstate  commerce,  and  that  the  Congress 
of  tlie  United  States  have  the  power  to  legislate  in  regard  to  it. 

Why,  gentlemen  may  talk  about  this  particular  interest  not  constituting  commerce. 
Maybe  in  some  phases  it  does  not;  l>ut  I  want  to  remind  you,  Mr.  Chairman,  of  this 
fact:  01)literate  the  insurance  of  the  United  States  and  you  obliterate  largely  the 
commerce  of  the  United  States.  I  undertake  to  say  that  it  would  languish  wonder- 
fully if  you  destroy  insurance.  Who  would  venture,  Avho  would  send  his  cargoes 
and  liis  vessels  ui)on  the  high  seas,  suliject  to  the  storms  and  the  vicissitudes  of  ocean 
travel,  save  for  the  consolations  of  his  insurance  policy?  Who  would  engage  in 
interstate  commerce  among  the  States  if  it  were  not  for  the  possibilities  of  insurance? 
^Vho  would  engage  in  the  various  businesses  that  make  commerce  possible  if  it  were 
not  for  insurance! 

Insurance  of  three  kind.s  interests  every  citizen,  almost,  in  the  L^nited  States.  It 
is  an  interest  colossal.  Think  of  it!  There  are  three  insurance  companies  in  the  United 
States  that  in  the  aggregate  of  their  assets  are  worth  more  than  a  billion  of  dollars. 
Think  of  the  multitude  of  men,  women,  and  children  whose  interests  are  bound  up 
in  that  colossal  interest!  This  body  .which  we  propose  to  create  here  is  simply  one 
of  publicity,  of  inquiry,  to  find  out  the  facts,  to  publish  those  facts  to  the  world,  to 
put  the  innocent  upon  their  guard.  Here  in  my  hand  I  hold  a  list  of  more  than  150 
bogus  insurance  companies  doing  business  in  the  various  States  of  the  Union.  It  is 
n<jt  the  duty  of  any  State,  of  anybody,  to  search,  to  incjuire,  to  ascertain  with  regard 
to  the  status  of  these  companies.  No  one  takes  the  trouble  ui)on  themselves.  There 
is  no  pul)licity  that  is  reliable,  and  hence,  in  my  judgment,  infinite  good  will  come 
from  this  i)rovision  in  tliis  law. 

S(jmel)ody  will  inquire,  somebody  will  find  out,  it  will  be  the  duty  of  somebody 
to  place  in  the  public  journals,  or  in  the  public  reports,  the  character  of  these  un- 
worthy candidates  for  public  favor,  who,  day  by  day  and  year  bv  year,  are  fleecing 
the  i)ul)lic  out  of  thousands  and  tens  of  thousands  of  dollars  for  insurance  that  is  not 
worth  the  pai)er  upon  which  it  is  written. 

Mr.  Chairman,  it  is  exceedingly  difficult,  as  any  gentleman  will  see  who  has  given 
any  attention  to  the  subject,  to  prepare  a  bill  of  this  character,  to  determine  just 
what  bureaus  and  divisions  of  the  Government  shall  bo  placed  within  it.  Some  that 
would  strike  one  gentleman  as  a  proper  subject  of  transfer  to  tliis  Department,  upon 
a  little  further  investigation  would  be  found  was  so  comiected,  was  so  interwoven  in 
their  duties  with  another  department,  that  the  change  from  one  to  the  other  would 
be  a  dislocation  of  the  public  Imsiness  that  Mould  be  harmful  in  the  extreme.  Then, 
again,  there  are  certain  interests  in  the  dei)artments,  )H'rhai)s;  men  had  their  attach- 
ments, they  were  located  in  one  jtarticular  place,  they  had  l)een  accustomed  for  a 
long  time  to  doing  business  right  there,  and  streiuious  efforts  were  made,  as  my  col- 
leagues Mill  l>ear  me  out  in  saying,  to  prevent  these  changes  that  many  of  us  thought 
ought  to  be  made. 


580  LEGISLATIVE    HISTORY 

We  have  done  the  best  we  could.  We  do  not  assume  that  the  bill  is  perfect,  but 
it  is  the  groundwork,  the  basis,  and  there  is  within  it  a  provision  giving  to  the  Presi- 
dent of  the  United  States  ample  authority  for  the  transfer  of  a  division  or  a  bureau 
that  will  in  the  course  of  time  make  it  what  it  ought  to  be.  I  confess  that  it  does 
not  exactly  suit  me;  I  do  not  think  it  exactly  suited  any  member  of  the  com- 
mittee, but  it  is  the  best  we  could  do,  and  while  gentlemen  have  said  "Who  asks  for 
this?"  it  M'as  not,  I  am  glad  to  say,  a  member  of  the  committee  who  made  that 
inquiry,  for  meml)ers  of  the  committee  know  that  from  one  end  of  the  land  to  the 
other  there  were  demands  by  letter,  by  memorial,  l)y  petition,  by  the  personel  pres- 
ence of  eminent  men  from  all  over  this  country,  for  the  creation  of  this  Dei)artment. 

Mr.   WooTEN.  May  I  ask  the  gentleman  a  question? 

Mr.  Hepburn.  Certainly. 

Mr.  WooTEN.  What  objection  lias  the  gentleman  to  an  independent  Department 
of  Labor.     Would  the  gentleman  favor  it? 

Mr.  Hepburn.  I  would  not. 

Mr.  WooTEN.   Why  not? 

Mr.  Hepburn.  At  this  time  it  is  not  necessary.  I  would  not  do  it  certainly  if  I 
believed  as  the  gentleman  from  Texas  does.  His  idea,  as  I  understand  it,  and  the 
reason  why  he  wants  an  independent  Department  of  Labor,  is  because  there  are 
antagonisms,  there  is  hatred,  there  is  wrath,  between  him  who  would  be  the  head 
of  the  Department  of  Commerce  and  him  who  will  be  at  the  head  of  the  Depart- 
ment of  Labor.  As  I  understand  it,  Mr.  Chairman,  we  do  not  want  to  introduce 
quarrels,  contests,  and  fights  into  the  councils  of  the  Chief  Executive.  Of  all  places, 
there  we  want  peace. 

Mr.  Wooten.  The  gentleman  does  not  state  my  position.  1  have  not  said  that 
there  was  any  hatred;  1  said  there  was  antagonism  and  diversity  of  interests.  I 
ask  the  gentleman  if  he  thinks  there  has  not  been  antagonism  in  this  country 
between  capital  and  labor? 

Mr.  Hepburn.  I  l)elieve  on  the  part  of  ignorant  men  there  is  a  feeling  that  the 
gentleman  speaks  of.  [Laughter.]  I  do  not  want  to  be  offensive  to  the  gentleman, 
but  I  do  mean  to  say — 

Mr.  Wooten.  Does  the  gentleman  mean  l)y  "  ignorant  men"  the  laljoring  men  of 
this  country? 

Mr.  Hepburn.  No;  I  do  not  mean  the  laboring  men;  I  mean  the  inferior  class  of 
laboring  men  of  this  country.  I  have  never  talked  with  an  intelligent  laboring  man 
in  my  life  who  has  not  been  ready  to  say  that  there  was  no  real  antagonism  between 
lal)or  and  capital.  [Applause.]  That  is  the  opinion  of  the  intelligent  laboring  men 
of  the  land.  It  is  only  where  ignorant  men  have  their  passions  played  upon  by  dema- 
gogues that  this  feeling  of  hatred  exists.     [Applause  on  the  Republican  side.] 

Mr.  Wooten.   Will  the  gentleman  permit  another  question? 

Mr.  Hepburn.  The  gentleman  can  see  that  I  have  only  a  minute.  Yes;  I  will 
yield. 

jMr.  Wooten.  The  gentleman  speaks  of  the  inferior  class  of  laboring  men.  Will 
he  define  what  he  means  by  "  inferior  class?  " 

JMr.  Hepburn.  1  do  not  hesitate  to  answer  that.  I  mean  the  sort  of  creatures  that 
year  by  year  we  are  allowing  to  come  into  the  country  from  the  south  and  east  of 
Europe.     That  is  what  1  mean. 

Mr.  Wooten.   Why  don't  you  shut  them  out? 

Mr.  Hepburn.  I  would  if  1  could  have  my  way,  but  I  have  found  whenever  a 
contest  was  made  every  Democrat  voted  against  it.  [Applause  on  the  Republican 
side.]  It  we  could  abolish  the  Democratic  party,  we  could  abolish  this  evil.  [Ap- 
plause and  laughter  on  the  Republican  side.] 

Now,  Mr.  Chairman,  I  ask  that  the  reading  of  the  bill  be  commenced. 

The  clerk  read  the  first  section  of  the  bill  as  follows: 

Be  il  enacted,  etc..  That  there  shall  be  at  tlio  seat  of  sovernment  an  executive  department  to  be 
linown  as  the  Department  of  Commerce  and  Labor,  and  a  Secretary  of  Commerce  and  Labor,  who 
stiall  be  the  head  thereof,  who  shall  be  appointed  by  the  PresidetU,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  who  shall  receive  a  salary  of  ^8,000  per  annum,  and  whose  term  and  tenure  of 
oflice  shall  be  like  that  of  the  heads  of  the  other  Executive  Departments. 

Mr.  Hepburn.  I  move  that  the  committee  now  rise. 

The  motion  was  agreed  to. 

The  committee  accordingly  rose;  and  the  Speaker  having  resumed  the  chair,  Mr. 
Gillett,  of  JNIassachusetts,  reported  that  the  Committee  of  the  Whole  on  the  state  of 
the  Union,  having  had  under  consideration  the  bill  (S.  569)  to  establish  the  Depart- 
ment of  Commerce  and  Labor,  had  come  to  no  resolution  thereon. 


LEGISLATIVE    HISTORY  581 

flamiaiy  IT,  1903,  dcl)ate  was  rosuincd  in  tho  PIousc: 

Mr.  llKriUHX.   Mr.  SiK^akiT,  I  dosirt'  to  call  up  tho  special  order. 

The  Si'KAKKK.  The  <j;t'iitleiuau  from  Iowa  I'alls  for  the  reiruhir  order,  which  is  Sen- 
ate hill  5(>i).  The  Chair  i.s  of  the  opinion  that  the  l)etter  and  safer  form  is  to  move 
that  the  House  resolve  itself  into  C'ommittee  of  tiie  Whole. 

Mv.  IIici'iuKX.  Mr.  Speaker,  I  move  that  the  ]  louse  do  now  re.solve  itself  into  Com- 
mittee of  the  Whole  House  on  the  Stute  of  the  Union  for  the  furtlier  (-onsideration  of 
the  liill  S.  509. 

Tlie  motion  was  agreed  to. 

Accordingly,  the  House  resolved  itself  into  Committee  of  the  Whcjle  House  on  the 
state  of  the  t'nion  for  the  further  consideration  of  the  hill  (S.  5()9)  to  establish  a 
Department  of  Connnerce  and  l.a])or,  with  JNIr.  Hull  in  the  chair. 

Mr.  Hki'hukx.  Mr.  Chairman,  the  lirst  paragraph  of  this  hill  was  read  and  then  an 
adjournment  took  place,  cutting  off  the  gentleman  from  Alabama  [Mr.  Kichardson] 
from  offering  an  amendment  which  he  i)roposcd.  I  ask  unanimous  consent  to  return 
to  that  paragra]>h,  in  order  that  the  gentleman  may  offer  that  amendment. 

The  Chaikmax.  The  gentleman  from  Iowa  asks  unanimous  consent  that  tho  com- 
mittee return  to  the  first  paragraph  of  the  bill.     Is  there  objection? 

Tliere  was  no  objection. 

Mr.  Richardson,  of  Alabama.  jNIr.  Chairman,  I  move  to  strike  out  the  words  "and 
labor." 

Mr.  Hkpburx.  INIr.  Chairman,  if  the  gentleman  from  vVlabama  Avill  allow  me,  I 
nnilerstand  that  the  finst  paragraph  that  was  read  was  of  the  Senate  l>ill,  which  our 
connidttee  have  reconnnonded  to  be  stricken  out.  Now,  I  ask  unanimous  consent 
that  the  reading  of  the  Senate  bill  1)0  dispensed  with,  and  that  the  reading  of  the 
amendment  proposed  by  the  House  committee  be  taken  up. 

The  Cmaik.max.  The  gentleman  from  Iowa  asks  unanimous  consent  that  the  read- 
ing of  the  Senate  l>ill  under  the  live-minute  rule  be  dispensed  with  and  that  the 
reading  of  the  House  amendment  be  taken  up  in  lieu  thereof.     Is  tlieir  objection? 

There  was  no  objection. 

yiv.  Hepburx.  Now  if  the  Clerk  will  read,  then  the  gentleman  can  offer  his 
amendment. 

The  Clerk  read  as  follows: 

That  there  shall  be  at  the  seat  of  government  an  executive  department  to  be  known  as  the  Depart- 
ment of  Commerce  and  Labor,  and  a  Secretary  of  Commerce  and  Labor,  who  shall  be  the  head  thereof, 
who  shall  be  appointed  by  tlie  President,  by  and  with  the  advice  and  consent  of  the  Senate,  who 
shall  receive  a  salary  of  SH.OOO  per  annum,  and  whose  term  and  tenure  of  office  shall  be  like  that  of 
tho  heads  of  the  other  Executive  Departments;  and  section  158  of  the  Revised  Statutes  is  hereby 
amended  to  inchide  such  Department,  and  the  provisions  of  Title  IV  of  the  Revised  Statutes,  includ- 
ing all  amendments  thereto,  are  hereby  made  applicable  to  said  Department. 

ISh:  Richardsox,  of  Alabama.  ]\Ir.  Chairman,  I  move  to  strike  out  the  words  "and 
labor"  where  they  occur  in  lines  20  aiid  21,  in  the  section  of  the  bill  just  read. 

The  Ciiairmax.  The  gentleman  from  Alabama  moves  to  strike  out  the  word  "and," 
in  line  20,  and  the  word  "labor,"  at  the  beginning  of  line  21. 

Mr.  Richardsox,  of  Alabama.  Mr.  Chairman,  I  shall  detain  the  committee  but  a 
very  few  minutes  in  the  remarks  that  I  propose  to  make  on  this  subject.  I  believe 
that  this  amendment  is  tho  gist,  at  least,  of  the  ol)jection  of  a  great  many  gentlemen 
on  this  side  to  this  l)ill,  and  I  also  believe  that  a  great  many  gentlemen  on  the  other 
side  of  this  Chamber  coincide  with  me  and  those  that  I  think  that  I  represent  upon 
this  motion. 

The  ol)jection,  ]\Ir.  Chairman,  that  I  myself  have  to  this  creation  of  a  new  Depart- 
ment of  Commerce  and  Labor  is  the  inclusion  of  the  Department  of  Labor  in  this 
new  Department  of  Commerce  and  Labor.  As  1  have  said  before,  I  do  not  believe 
that  it  is  in  tho  interest  either  of  labor  or  of  commerce  to  include  the  independent 
Department  of  Labor  in  this  new  Department  proposed,  with  a  Secretary  in  the 
Calnnot  of  the  I'resident.  I  do  not  hesitate  to  say  that  I  am  not  individually  opposed 
to  the  e.«tablishment  of  a  proper  Department  of  Commerce,  if  the  Department  of 
Labor  is  not  included;  but,  as  I  said  just  now,  I  do  ncjt  think  it  is  necessary  or  to  the 
interest  of  la])or  or  to  the  advancement  of  the  commercial  interests  of  our  country  to 
transfer  the  independent  Department  of  Lal)or  as  it  is  now  organinzed  and  operated 
and  the  good  that  has  been  accomplished  by  it,  and  submerge  it  and  overshadow  it 
as  I  believe  conscientiously  it  will  l)e  when  placed  in  the  Department  of  Connnerce 
and  Labor. 

Now,  I  have  been  somewhat  surprised,  ]\Ir.  Chairman,  at  the  contention  that  has 
been  made  In'  gentlemen  on  the  other  side  of  the  Chaml>er,  particularly,  contending 
that  labor  should  be  transferred  to  this  new  department,  and  notably  surprised  at 
the  remarks  made  by  the  distinguished  chairman  of  the  Interstate"  and  Foreign 


582  LEGISLATIVE    HISTORY 

Commerce  Committee,  the  gentleman  from  Iowa  [Mr.  Hepburn],  wlio  with  extra- 
ordinary earnestness  and  zeal,  and  with  liis  usual  alnlity,  contends  that  any  action 
on  the  part  of  Congress  of  this  character,  leaving  the  Department  of  J>al)<)r  out  of 
the  Departnu'ut  of  Conmierce,  will  be  on  the  part  of  the  law  a  recognition  of  an 
antagonism  arid  a  warfare  between  the  interests  of  capital  and  labor.  Mr.  Chair- 
man, I  do  not  believe  that  legislation  of  that  kind  will  have  that  effect  at  all.  This 
was  not  the  effect  of  the  act  of  Congress  creating  the  present  independent  Depart- 
ment of  Labor.  The  bill  recently  passed  to  take  tariff  off  coal  did  not  recognize 
antagonism  or  warfare. 

I  believe,  as  I  think  every  gentleman  believes  on  this  floor,  that  labor  and  capital 
should  always  go  hand  in  hand  with  each  other,  and  that  the  very  best  and  most 
.cordial  relations  sliould  be  maintained  between  those  two  great  conflicting  interests 
as  near  as  can  practically  be  done;  and  I  Ijelieve  that  any  legislation  upon  the  part 
of  the  Congress  of  the  United  States  that  tends  to  prevent  any  friction  in  the  future 
l)etween  tiie  great  interests  of  labor  and  capital  should  be  accepted  by  Congress  and 
will  be  accepted  by  the  country  as  a  harl)inger  of  peace  instead  of  a  recognition  of 
warfare  and  antagonism.  We  may  say  what  we  please;  we  may  contend  on  this 
floor  in  the  most  earnest  and  emphatic  terms  that  the  English  language  affords  tliat 
tlie  law  ought  not  to  recognize  any  antagonism  or  conflict  between  capital  and  labor. 
That  does  not  make  it  so.  We  confront  a  condition  and  not  an  impractical>le  theory. 
1  believe,  i\Ir.  Chairman 

Mr.  TnAYER.  ]\lr.  Chairman 

The  Chairman.  Does  the  gentleman  yield  to  the  gentleman  from  IMassachusetts? 

Mr.  Richardson,  of  Alabama.  Not  for  the  present. 

1  believe,  Mr.  Chairman,  that  labor  and  capital  will  go  hand  in  hand  on  peaceful 
terms  as  long  as  the  process  of  production  is  going  on.  But  wlienever  you  come  to 
the  point  of  coming  to  a  division  of  the  products  of  labor  there  you  will  find  one  man 
seated  on  one  side  of  the  table  who  is  seeking,  according  to  the  laws  of  nature,  to 
appropriate  to  himself  the  greatest  benefits  from  his  labor;  you  will  find  the  other 
men  seated  on  the  other  side  of  that  table,  the  capitalist,  who  is  seeking  to  appropri- 
ate to  himself  the  largest  benefit  from  furnishing  the  money  to  labor  to  create  these 
products.  Hence  1  say  that  the  principle  of  self-interest  has  been  planted  in  all 
these  things  in  the  bosom  of  man.  Self-interest  is  the  first  law  of  nature.  Why, 
then,  chase  these  shadows  and  rainbows  about  the  law  not  recognizing  the  natural 
conflicts  between  the  interests  of  labor  and  capital. 

[Here  the  hammer  fell.] 

Mr.  Shackleford.  ^Ir.  Chairman,  I  do  not  care  to  say  much  more  in  addition  to 
what  I  have  already  said;  but  we  have  heard  the  maxim  from  our  youth  that  "Labor 
dignifies  all  things."  Now,  I  appeal  to  my  colleagues  on  this  side  of  the  House,  at 
least,  let  us  dignify  labor  by  heeding  its  demands.  Labor  has  said  in  unmistakable 
terms  that  it  does  not  want  to  be  incorporated  into  this  Department.  Let  us  now 
see  that  labor  gets  just  what  it  needs,  and  let  us  regard  the  views  of  la1)or  and  not 
thrust  it  into  a  Department  where  it  has  said  it  does  not  want  to  go.  I  appeal  to 
everybody  who  is  interested  in  this  question  at  this  time  to  adopt  the  amendment 
proposed  by  the  gentleman  from  Alabama,  and  say  to  the  laboring  people  of  this 
country  that  the  Congress  of  the  United  States  is  willing  to  consider  their  interests 
and  wishes  in  the  enactment  of  law. 

Mr.  Mann.  ]\Ir.  Chairman,  there  is  no  proposition  before  the  House  for  the  creation 
of  a  department  of  labor  with  a  secretary  in  the  Cabinet  at  this  time.  The  projio- 
sition  before  the  House  is  whether  the  Labor  Department  of  the  Government  shall 
be  advanced  one  step  higher  up.  The  gentlemen  on  the  other  side  of  the  House  are 
refusing  to  give  the  attention  to  labor  which  it  deserves  and  are  claiming  that  they 
are  the  friends  of  labor  and  at  the  same  time  seek  to  strike  down  this  effort  to  raise 
uj)  labor. 

The  truth  of  the  matter  is,  Mr.  Chairman,  that  the  Department  of  Labor  as  now 
organized  is  a  statistical  department.  It  is  engaged  in  gathering  and  distributing 
statistics  in  regard  to  labor.  The  conditions  in  that  office  are  well  set  forth  by  the 
Commissioner  of  Labor  himself.  All  of  the  gentlemen  friendly  to  lal)or  in  the  coun- 
try, friendly  to  the  organized  labor,  and  particularly  those  affiliated  with  the  Ameri- 
can Federation  of  Labor,  express  the  highest  degree  of  satisfaction  with  Carroll  D. 
Wright,  the  present  Commissioner  of  Labor,  and  with  the  manner  in  whi(;h  he  con- 
ducts that  oflice.  :\Ir.  Wright  has  stated,  and  his  statement  is  in  the  hearings  of  our 
committee: 

The  Department  can  determine  many  things  bv  the  statistical  method,  and  it  must  work  emphat- 
ically on  that  method.  It  Is  often  said  that  it  should  undertalie  the  agitation  of  certain  features  of 
reform;  in  other  words,  that  it  should  become  the  instrument  of  propagandism.    But  when  this 


LEGISLATIVE    HISTORY  583 

proposition  is  iiiiido  Iho  question  sliould  be  aslced,  Whoso  ideas  of  reform  slioulil  be  ndoplcd,  of  what 
propositions  should  it  beeoino  the  iiropiiuandisl,  nnd  to  wlint  extent  should  it  iirfjuo  for  or  iigiiinst 
tlie  pliitfornis  of  tliis  or  tliat  )>iuty  or  ori,'iini/iUion?  It  seems  to  nie  that  nil  men  who  eoniprehend 
the  value  of  aeeurale  kno\vled>,'e  nni-.|  see  at  ome  that  for  I  he  Department  to  enter  upon  sueh  aeourse 
would  result  in  its  immediate  aliolilion:  that  should  it  become  the  advocate  of  any  theory,  it  would 
thereby  beeoine  i>artisiin  in  its  work  and  thus  destroy  it.s  own  uUicieney. 

Tho^e  are  the  words  of  the  present  Commissioner  of  Labor,  with  whom  laborers 
are  perfectly  satisfied.  They  are  jn-rfectly  satisfied  not  only  with  his  words,  but  with 
his  work.  He  says  the  duties  td"  tiie  Di'partinent  of  Labor  arc  statistical.  What  do 
v.e  propose  to  do?  We  are  orjraniziiij;  a  great  statistit'al  branch  of  the  Government. 
Tlie  Commissioner  of  Labor  has  statt'd  repeatedly  that  he  is  unable  to  furnish  as 
much  statistical  information  as  he  will  be  able  to  if  we  give  hini  greater  facilities  at 
his  command.  We  will  give  the  Commissioner  of  Labor  the  facilitiesof  all  statistical 
branches  of  the  (iovernment.  We  will  give  him  the  use  of  the  Census  Oflice.  We 
will  give  him  the  use  of  the  Bureau  of  Statistics.  We  will  give  him  the  use  of  all 
tlie  statisticalinformation  which  the  (iovcrnment  collects,  and  he  can  prepare  his 
reports  as  freely  and  as  independently  then  as  he  can  now. 

The  CuAiiiMAX.  The  time  of  tlic gentleman  from  Illinois  has  expired. 

^Ir.  ^Lvxx.  Mr.  Chairman,  I  ask  for  live  minutes  more. 

The  CiiAiKMAX.  The  gentleman  from  Illinois  asks  that  his  time  be  extended  for 
five  minutes.     Is  there  objection?     [After  a  pause.]     The  Chair  hears  none. 

Mr.  jNIaxx.  The  original  opposition  to  the  proposition  was  presented  through  a 
mi.><apprehension  of  tlie  facts.  Some  of  the  gentlemen  who  appeared  before  our 
committee,  repre.senting  in  part  the  American  Federation  of  Labor,  a  great  and 
jjowerful  labor  organization,  stated  that  they  bfised  their  opposition  upon  the 
proposition  that  the  Commissioner  of  Labor  would  become  a  mere  clerk  of  the  Sec- 
retary of  Commerce  and  Labor. 

But,  Mr.  Chairman,  the  Commissioner  of  Labor  will  remain  as  independent,  if 
he  is  included  in  tiiis  Department,  as  he  now  is.  He  will  still  be  appointed  by  the 
President  and  confirmed  by  the  Senate  in  the  same  manner  in  which  he  is  now 
ap]>ointed.  His  duties  will  still  be  defined  by  the  same  law  that  is  now  upon  the 
statute  books.  We  take  nothing  away  from  his  power;  we  confer  additional  respon- 
sibilities and  power  upon  him,  because  we  give  him  additional  facilities.  And 
since,  ]Mr.  Chairman,  this  has  been  made  plain  to  the  leaders  of  organized  labor, 
they  are  not  asking  that  the  Department  of  Labor  be  taken  out  of  this  bill.  I  deny 
that  organized  labor  desires  to  have  the  Department  of  Labor  stricken  out  of  this 
bill.     They  are  content  with  the  liill  as  it  now  stands. 

The  gentlemen  on  the  other  side  of  the  aisle  are  simply  seeking  to  agitate  labor 
for  the  purpose  of  gaining  the  possibility  of  votes  in  the  future,  knowing  that  labor 
itself  is  satisfied  with  the  report  of  the  committee  and  with  the  bill  before  the  House. 

Mr.  Chairman,  I  sent  a  copy  of  the  bill  presented  to  the  House  with  the  report  of 
the  committee,  giving  the  reasons  for  including  the  Department  of  Labor  in  this  new 
Department,  to  the  Federation  of  Labor  at  Chicago,  one  of  the  principal  constituent 
com{)anies  of  the  American  Federation  of  Labor,  and  asked  for  their  opinion  on  the 
subject. 

I  have  this  morning  a  letter  from  the  Chicago  Federation  of  Labor,  affiliated  with 
the  American  Federation  of  I>abor,  and  one  of  the  chief  labor  organizations  in  the 
country,  in  whicii  they  express  the  hope  that  the  effort  to  pass  this  bill  will  prove 
successful.  They  know  that  the  Kepublican  party  has  never  stricken — as  gentlemen 
on  the  other  side  would  indicate — have  never  endeavored  to  strike  down  the  interests 
of  labor.  If  Ave  had  before  us  a  proposition  to  organize  a  Department  of  Labor,  the 
(juestioii  might  be  different.  But  here  is  a  i>roposition  to  place  labor  alongside  with 
commerce,  upon  e<inal  terms,  U]3on  an  equal  footing,  with  the  same  chance  and  pre- 
ferment in  the  new  I  )ei)artment  of  the  Government,  the  third  department  of  Govern- 
ment created  in  more  than  a  hundred  years. 

Mr.  RiciiARDSox,  of  Alabama.  Will  the  gentleman  allow  me  to  interrupt  him  a 
moment? 

Mr.  Maxx.  Certainly. 

Mr.  BicHARnsoN,  of  Alabama.  The  gentleman  will  recollect,  as  a  member  of  the 
committee,  tnat  tlie  statement  of  'Sir.  Theodore  C.  Search,  the  president  of  the  Manu- 
facturing A.ssociation  of  the  United  States,  was  accepted  by  the  committee  as  one  of 
the  most  important  statements  outlining  the  functions  and  jirovince  of  this  new 
Deiiartment.  Now,  I  ask  tlie  gentleman  fn mi  Illinois  whether  he  does  not  concur 
with  Mr.  Search  in  saying  ttiat  this  which  I  am  about  to  read  states  the  principal 
fmiction  of  the  Department  that  we  are  asking  now  to  have  created?  Mr.  Search 
says — 

It  should  bo  the  function  of  such  a  department  as  is  proposed  in  the  pending  bill  to  assist  in  every 
leasible  way  in  the  extension  of  the  export  trade  of  our  manufactures. 


584  LEGISLATIVE    HISTORY 

Now,  I  ask  the  gentleman  whethei'  that  is  not  the  scope  and  purpose  and  principal 
object  and  function  of  this  new  Department  of  Commerce,  and  wherein  and  how 
does  the  Labor  Department  become  interested  in  that  matter,  when  Mr.  Search  has 
stated  that  the  principal  function  of  this  new  Department  is  to  promote  our  export 
trade?    Why  not,  as  the  gentleman  says,  let  the  Department  of  Labor 

The  Chairman.  The  time  of  the  gentleman  from  Illinois  [Mr.  Mann]  has  expired. 

Mr.  Shackleford  and  Mr.  Richardson,  of  Alabama,  asked  that  the  time  of  Mr. 
Mann  be  extended  for  five  minutes. 

There  was  no  objection. 

Mr.  Richardson,  of  Alabama.  Let  me  complete  my  question.  If  the  gentleman 
says  that  the  Department  of  Labor  is  simply  one  of  statistics,  and  if  it  has  accom- 
plished great  good  in  the  past,  why  does  he,  in  opposition  to  the  interests  of  labor 
and  the  laboring  classes  in  all  parts  of  the  country,  desire  to  take  it  from  the  field 
where  it  has  been  accomplishing  good  and  put  it  in  a  department  of  at  least  doubtful 
efficiency  in  this  connection? 

Mr.  Mann.  Mr.  Chairman,  in  the  first  place,  Ave  do  not  projiose  to  jilace  it  in  a 
field  where  its  power  or  efficiency  will  be  doubtful.  We  give  to  it  additional  facilities 
by  placing  it  in  this  Department.  It  has  done  much  good  undoubtedly,  but  I  will 
say  that,  in  my  o])inion,  there  is  not  one  meml)er  in  twenty-five,  possibly  not  one  in 
fifty,  on  the  floor  of  this  House  who  lias  read  the  report  of  the  Commissioner  of  Labor 
for  last  year.  It  would  be  far  better  for  labor  if  the  reports  of  the  Commissioner  of 
Labor  were  brought  home  to  the  House  through  the  report  of  a  secretary  of  a  depart- 
ment, and  i)ossibly  through  the  President's  message.  Sometimes  legislation  is  sug- 
gested in  the  report  of  the  Commissioner  of  Labor,  but  with  the  many  duties  which 
the  members  of  this  House  have  to  perform  they  cIo  not  see  his  report. 

Mr.  Shackleford.  Will  the  gentleman  yield  for  a  suggestion? 

Mr.  Mann.  I  should  be  glad  to  do  so,  but  I  have  not  yet  answered  the  question  of 
the  gentleman  from  Alabama.     Still,  I  yield  to  the  gentleman. 

Mr.  Shackleford.  The  gentleman  has  assumed  that  the  Secretary  of  this  new 
Department  would  bring  before  the  House  what  the  Labor  Bureau  might  report. 
But  suppose  that  the  Secretary  should  not  be  pleased  with  what  the  Chief  of  the 
Bureau  had  reported,  would  he  return  it  to  the  House,  with  the  possil)ility  that  there 
might  be  brought  up  here  indiscussion  views  and  arguments  which  he  did  not  approve? 

Mr.  Mann.  If  the  head  of  one  of  the  gi'eat  departments  of  the  Government  should 
refuse  to  call  attention  to  the  suggestions  of  one  of  the  divisions  or  bureaus  under 
him,  it  would  elicit  more  information  on  the  floor  of  the  House  than  if  he  did  call  atten- 
tion to  it,  because  it  would  be  a  gross  abuse  of  the  power  lodged  in  the  Secretary. 

Mr.  Morris.  Would  not  that  very  fact  tend  to  call  the  attention  of  the  public  to 
the  matter,  leading  men  to  study  the  question  more  closely  than  they  would  have 
done  otherwise? 

Mr.  Mann.  The  gentleman  from  Minnesota  [Mr.  Morris]  has  reached  the  kernel 
in  the  shell.  If  the  Secretary  of  Comnierce  and  Labor  should  be  so  opposed  to  organ- 
ized labor  or  labor  interests  that  he  would  refuse  to  present  in  his  annual  report  sug- 
gestions made  by  the  Commissioner  of  Labor,  either  with  or  without  approval,  it 
would  be  such  an  abuse  that  it  would  jiroduce  a  revolution  practically  in  a.dministra- 
tive  affairs,  and  the  attention  of  the  public  and  of  all  members  of  .Congress  would 
necessarily  be  called  to  the  situation. 

Now,  the  gentleman  from  Alabama  [Mr.  Richardson]  has  asked  whether  I  do 
not  think  that  the  statement  of  INIr.  Search  represents  the  scope  of  this  Department. 
I  do  not  think  so  at  all.  I  do  not  think  that  any  gentleman  who  appeared  before 
the  committee  and  stated  his  particular  or  peculiar  views  concerning  the  duties  of 
this  Department  has  begun  to  outline  the  scope  of  its  Avork. 

I  do  not  see  how  this  Department  shall  be  devoted  particularly  to  the  export  trade. 
The  duties  of  this  Department,  as  defined  in  this  bill,  will  be,  first,  to  gather  infor- 
mation for  the  benefit  of  the  whole  country  and  its  people.  That  information  may 
relate  to  manufactures;  it  may  relate  to  foreign  commerce;  it  may  relate  to  labor. 
This  will  not  be  a  partisan  Department.  It  will  be  a  department  of  information; 
and  I  hope,  IVIr.  Chairman,  that  included  in  that  department  of  information,  as  one 
of  its  principal  divisions,  will  be  the  Department  organized  to  aid  the  jjrogress  of 
labor  and  work  in  the  interest  of  labor — the  j^resent  Department  of  Labor. 

Mr.  Palmer.  Will  the  gentleman  allow  me  one  question  before  he  sits  down? 

Mr.  Mann.  Very  gladly,  if  I  have  time. 

Mr.  Palmer..  You  will  get  the  time.  You  say  that  the  labor  organizations  want 
this  bill  passed,  and  the  gentleman  from  Alabama  [Mr.  Richardson]  says  they  do 
not.  Now,  on  what  evidence  does  the  gentleman  from  Illinois  [Mr.  Mann]  base 
bis  statement?    I  hope  he  will  be  allowed  time  to  answer  that  question. 


LEGISLATIVE    IIIRTOIIY  585 

Tho  CiiAiKMAN.  If  Ihcrt"  is  no  olijcction,  the  .ij:entltMiian  ^\■ill  proccril  foi-  one 
niiiuitr. 

Mr.  Tawnky.  Mr.  Cliairnum,  I  ask  unaniiiKnis  consoiit  that,  tlio  ^'eiitlcmaii  may 
l>r()ct'0(l  for  iive  niiiinti's  luori'.     It  is  an  important  part  of  thi.s  discus.sion. 

Mr.  Mann.  I  think  thatont'  minute  will  ln' suliicii-nt. 

The  C'liAiHMAN.  The  jicntleman  from  Minnesota  asks  unanimous  consent  tiiat  the 
^i'ntlemau  from  Jlliuois  may  jn'oct-ed  for  i'wv  minutes.     Is  there  objection? 

There  was  no  ol)jection. 

Mr.  ]\Iann.  Mr.  Chairman,  1  stated  that  I  sent  to  the  Chicafjo  Federation  of  J>a))or, 
which  I  believe  is  the  largest  organization  of  labor  in  the  country  adiliated  with  the 
American  Federation  of  l^abor,  a  copy  of  the  bill  as  reported  to  the  House  and  a 
copy  of  the  rej^ort  of  the  connnittee  giving  the  reasons  why  the  Department  of  Labor 
should  be  included  in  the  Department  of  C'onuuerceand  Lal)or,  and  I  have  this  morn- 
ing a  reply  in  the  shape  of  a  letter  from  the  ("hicago  Federation  of  Labor,  stating 
that  they  have  received  the  bill  and  rejMirt,  that  they  appreciate  the  favor  of  send- 
ing them  to  them,  and  liope  that  the  efforts  to  j)ass  the  l)ill  will  i)rove  successful. 
I  know  of  no  l)ettiM- instance  that  can  be  given  of  the  actual  feeling  of  labor  than 
a  letter  of  this  sort  from  iirol»al)ly  the  greatest  ))ody  of  organized  labor  in  the  country. 

Mr.  Tawnkv.  Before  taking  his  seat,  will  the  gentleman  permit  me  to  ask  him 
a  (juestion,  which  I  desire  to  ask  in  view  of  the  statement  of  the  gentleman  from 
Alabama  [Mr.  Kichardson]  in  regard  to  the  statement  of  Mr.  Search  I)efore  your 
committee?  Is  it  not  a  fact  that  an  intimate  knowledge  of  the  labor  situation  and 
condition  of  labor  is  a  verj*  e.ssential  element  in  the  matter  of  promoting  our  export 
trade,  and  is  that  not  a  reason  why  the  Department  of  Commerce  should  have  con- 
trol of  that  situation? 

Mr.  ^Ia.n.v.  Mr.  Chairman,  of  course,  as  the  gentleman  from  Minnesota  suggests, 
evi'ryone  knows  that  all  commerce,  all  manufacturing,  all  business  depends  for  its 
foundation  ujion  labor,  and  that  you  can  not  promote  or  injure  one  without  promo- 
ting or  injuring  the  other.     [Applause  on  the  Republican  side.] 

^Ir.  .Si'AUKMAX.  Mr.  Chairman,  I  rise  for  the  ])urpose  of  exi)ressing  my  approval 
of  the  amendment  just  offered  by  the  gentleman  from  Alabama  [Jlr.  Richardson], 
and  to  say  that  I  will  vote  for  that  and  all  other  amendments  offered  for  tlie  jiurpose 
(tf  striking  out  all  reference  to  the  Department  of  Labor  where  those  words  may 
appear  in  the  bill. 

1  wish  to  say,  however,  at  the  outset,  that  I  am  not  o])po.sed  to  the  establishment 
of  a  Department  of  Commerce.  On  the  contrary,  I  think  that  the  time  has  come  in 
our  connnercial  growth  and  development  when  such  a  Department  is  desirable 
if  not  imperatively  demanded.  But  I  do  not  think  it  wise  to  inco]'porate  the 
Department  of  Labor  with  a  Department  of  Connnerce,  as  is  sought  to  be  done 
in  this  bill.  I  do  not  believe  that  the  two  great  industrial  forces  of  labor  and  capital 
are  so  closely  allied  as  to  make  it  advisable  to  connnit  their,  in  some  respects,  divers 
interests  to  one  and  the  same  departmental  head. 

I  know  it  is  sometimes  said — indeed  it  was  said  by  the  gentleman  from  Iowa,  who 
has  charge  of  this  bill — that  their  interests  are,  and  in  the  very  nature  of  things  must 
be,  identical.  To  this  projHisition  I  agree  in  part,  but  it  is  only  true  in  a  general  and 
limited  sense.  In  the  abstract  the  proposition  is  sound  enough,  but  in  tlie  concrete 
we  find  it  untrue.  In  matters  of  detail  we  see  many  conflicts  arising  between  these 
two  great  forces.  This  is  true  also  of  other  interests  as  well,  and  is  the  result  of  a  law, 
a  natural  law,  as  old  as  humanity  itself.  The  interest  of  the  i)roducer  and  consumer, 
of  the  vender  and  the  purchaser,  while  in  a  general  sense  identical,  are  nevertheless 
antagonistic  in  other  respects.  The  desire  of  the  producer  or  the  vender  is  to  obtain 
as  much  as  possible  for  what  he  sells,  while  it  is  within  certain  limits  to  the  interests 
of  the  consumer  or  purcb.aser  to  buy  as  cheaply  as  possible. 

So,  too,  with  labor  and  capital,  with  the  employer  and  employee.  In  a  general 
way  \\  hat  benefits  the  one  may  and  often  does  help  the  other.  When  capital  is 
Iiros|)erous,  labor  is  more  apt  to  be  so,  too;  but  all  this  does  not  alter  the  fact  that  in 
the  daily  contact  of  these  two  forces  many  conflicts  arise;  often  growing  out'of  the 
natural  desire  of  each  to-ol)tain  the  l)est  price  for  what  he  has  to  sell.  But  whatever 
the  cause,  the  conflict  is  ever  being  waged  and  will  go  on  until  our  civilization  has 
reached  a  higher  ]ioint  in  its  upward  march  than  that  which  it  hasever  yet  attained. 

Why,  ^Ir.  Chairman,  we  are  constantly  reminded  of  this  truth.  Witness  thestrik.es 
that  are  every  day  occuriing;  the  great  coal  strike,  for  instance,  one  of  the  greatest 
and  one  of  the  most  disastrous  in  the  history  of  the  country,  has  just  ende(l;  and  a 
little  more  than  a  year  ago  one  harmful  in  some  respects  occurred  in  my  own  town — 
the  city  of  Tampa — which  for  nearly  six  months  kept  in  paralyzed  condition  the  busi- 
ness of  that  enterprising  city  of  25,000  jieople.     So  frequent  have  these  cvmllicts 


586  LEGISLATIVE    HISTOEY 

become  between  the.se  two  great  forces  in  the  world's  development  that  one  of  the 
serious  prol)iems  of  the  age,  one  with  whicli  statesmen  have  to  grapple,  is  to  find 
some  way  of  adjusting  the  differences  between  labor  and  capital,  differences  which 
give  rise  to  tliese  strikes. 

Souie  have  advised,  and  in  these  views  I  concur,  that  a  board  of  arl>itration  should 
be  created  to  consider  and  decide  all  questions  l)etween  labor  and  cajjital  when  con- 
ditions between  them  have  reached  that  acute  stage  which  threatents  a  strike.  But 
that  is  only  one  of  the  details.  I  believe  there  should  be  an  Executive  Department 
of  Labor  as  well  as  one  of  Commerce,  and  I  believe  the  necessity  is  as  great  for  the 
establishment  of  a  Department  of  Labor  as  it  is  for  the  establishment  of  that  of  Com- 
merce. 

The  utterances  of  the  Democratic  party  in  its  last  national  platform  speak  in  no 
uncertain  tones  on  that  sul>ject.  They  declare  unequivocally  in  favor  of  the  estab- 
lishment of  a  Department  of  Labor.  But  while  I  admit  the  necessity  for  the  estab- 
lishment of  a  Department  of  Commerce,  for  the  reasons  above  given,  and  there  are 
others  which  time  will  not  permit  me  to  mention,  I  am  unalteraljly  opposed  to  the 
'uniting  of  the  two  Departments  under  one  head. 

Labor,  Mr.  Chairman,  is  one  of  the  most  important  of  the  world's  economic 
forces,  and  I  would  not  like  to  give  my  vote  in  favor  of  a  measure  that  would  dwarf 
its  dignity,  that  would  minimize  the  iuiportance  of  the  Department  of  Labor,  as  this 
bill  would  if  it  should  pass  unamended. 

I  may  add  that  these  are  the  views  of  the  labor  organizations  throughout  the 
country,  as  I  gather  them  from  the  expressions  of  representatives  of  those  bodies,  as 
sliown  in  the  reports  of  the  hearings  before  the  Committee  on  Commerce  Avhen  tliis 
bill  was  under  consideration,  and  if  1  had  no  other  reasons  for  supporting  the 
amendment  that  consideration  alone  would  be  sufticient,  as  I  should  and  do  attach 
much  weight  to  the  views  and  wishes  of  those  most  intimately  concerned  in  labor 
legislation,  and  who,  therefore,  are  suppo.sed  to  be  as  well,  if  not  better,  able  to  judge 
of  what  will  work  to  their  benefit  as  members  upon  this  floor.  I  shall,  therefore, 
Mr.  Chairman,  vote  for  the  amendment. 

Mr.  Hepburn.  Mr.  Chairman,  I  ask  for  a  vote. 

Mr.  WooTEN.  Mr.  Chairman,  I  move  to  strike  out  the  last  word. 

The  Chairman.  That  is  not  in  order.  The  Chair  will  state  that  the  Committee  of 
the  Whole  is  considering  the  amendment  to  the  Senate  bill.  There  is  one  amend- 
ment j^ending  to  the  amendment,  so  that  no  further  amendments  are  in  order  until 
this  is  disposed  of.  The  question  is  on  the  amendment  to  the  amendment  offered  by 
the  gentleman  from  Alabama. 

The  question  was  taken;  and  on  a  division  (demanded  by  Mr.  Richardson,  of  Ala- 
bama) there  were — ayes  52,  noes  93. 

Mr.  Richardson  of  Alabama.     I  ask  for  tellers,  Mr.  Chairman. 

Tellers  were  ordered;  and  the  Chairman  appointed  Mr.  Richardson,  of  Alabama,  and 
Mr.  Hepburn. 

The  committee  again  divided;  and  the  tellers  reported — ayes  56,  noes  103. 

Accordingly  the  amendment  was  rejected. 

Mr.  ]\L\NN.  I  have  an  amendment  to  the  first  section  of  the  committee  amendment. 

The  Chairman.  The  gentleman  from  Illinois  offers  the  following  amendment  to 
the  first  section. 

The  Clerk  read  as  follows: 

Amend  section  1  by  adding  at  the  end  thereof  the  following: 

"Said  Secretary  shall  cause  a  seal  of  office  to  be  made  for  the  said  Department,  of  such  device  as  the 
President  shall  approve;  and  judicial  notice  sliall  be  taken  of  the  said  seal." 

The  amendment  was  agreed  to. 
The  Clerk  read  as  follows: 

Sec.  2.  That  there  shall  be  in  said  Department  an  Assistant  Secretary  of  Commerce  and  Labor,  to 
be  appointed  by  the  President,  who  shall  receive  a  salary  of  $5,000a  year.  He  .shall  perform  such  duties 
as  shall  be  prescribed  by  the  Secretary  or  required  by  law.  There.shall  also  be  one  chief  clerk  and  a 
disbursing  clerk  and  such  other  clerical  assistants  as  may  from  time  to  time  be  authorized  by  Congress; 
and  the  Auditor  for  the  State  and  other  Departments  shall  receive  all  accounts  accruing  in  or  rela- 
tive to  the  Deiiartment  of  Commerce  and  Labor  and  examine  the  same,  and  thereafter  certify  the 
balance  and  transmit  the  accounts,  with  the  vouchers  and  certificate,  to  the  Comptroller  of  the 
Treasury  for  his  decision  thereon. 

Mr.  Mann.   I  offer  the  following  committee  amendment. 
The  Clerk  read  as  follows: 

Amend  section  2  by  striking  out  of  said  section  all  of  lines  IG,  17,  and  18,  on  page  9,  and  inserting 
in  place  thereof  the  following: 

"  And  certity  the  balances  arising  thereon  to  the  Secretary  of  the  Treasury  in  the  same  manner  as 
tlie  balances  on  similar  accounts  are  certified  under  existing  law." 


LEGISLATIVE    HISTORY  587 

Mr.  ^r.\xN.  Mr.  Chairman,  that  is  simply  to  ciiiiforiii  1<>  cxistiiivr  law. 

Thr  aiiKMiihiHMit  was  airrcetl  to. 

INlr.  WooTKN.  ]\Ir.  C'hainium,  1  movi' to  strike  out  tlu'  last  word,  'i'lio  fji'utlenicn 
on  till' otlu'r  side  of  the  House,  in  eudeavorin<;  to  eseai)e  the  inevital)le  and  logical 
rrsuUs  of  their  projxjsition  in  this  hill,  are  seek ini^  to  iniposi^  upon  this  side  of  the 
House  by  luisstatenients  of  the  reeord  and  of  the  history  of  matters  that  have  taken 
place  in  this  House,  the  responsiliility  for  attemptiuiz;  to  exclude  labor  from  this  bill. 

The  gentleman  from  Iowa  [Mr.  llei)l)urn],  inclosing  the  general  debate  on  this 
bill  day  before  yesterday,  ami  when  there  was  no  opportunity  for  re])lying  to  his 
statements,  with  a  degree  of  recklessness  that  even  excei'ded  his  usual  habit  of  unfair- 
ness in  delude,  made  a  statement  in  regard  to  the  attitude  of  this  side  of  the  Ihnise 
on  the  (piestion  of  immigration  as  related  to  labor  that  is  absolutely  falsified  by  the 
record  in  the  House. 

It  will  be  rememl)ered  that  in  the  course  of  his  remarks  I  asked  the  (juestion 
whether  he  was  in  favor  of  an  independent  Department  of  Labor,  and  if  not,  why  not? 
The  colloquy  between  us  occurs  on  jiage  Sol)  of  the  Kecord  of  Jamiary  15.  lie  replied 
that  he  was  not  in  favor  of  it,  because  he  did  not  consider  it  necessary;  that  he  did 
not  recognize  the  existence  of  any  antagonism  between  ca[)ital  and  labor  except,  as 
he  stated,  among  "ignorant  men;"  and  when  1  insisted  on  what  he  meant  by 
"ignorant  men,"  he  said  he  meant  "the  inferior  classes  of  labor,"  "  laborers  of  the 
sort  that  come  to  this  country  from  the  .south  and  east  of  Europe;"  that  they  were 
the  cause  of  all  the  agitation  and  antagonism  in  this  country  between  capital  and 
labor.  And  when  I  then  asked  him  the  question  why  he  did  not  shut  them  out,  as 
that  side  of  the  House  has  had  the  power  to  do  for  these  many  years,  he  made  the 
statement  to  which  I  now  desire  to  reply,  and  to  which  I  had  no  opportunity  to 
reiily  at  that  time,  which  was  as  follows: 

Mr.  HErBURX.  I  would  if  I  could  have  my  way;  but  I  have  found  that  whenever  a  contest  was 
maile.  everv  Democrat  voted  against  it.  If  we  coiild  abolish  the  Democratic  party  we  could  aboli.sh 
this  evil. 

Now,  3Ir.  Chairman,  as  a  matter  of  fact,  when  the  debate  on  the  immigration  bill 
took  place  in  this  House  last  Mav,  as  may  be  found  by  consulting  the  Record,  it  was 
on  thi:;  side  of  the  House  and  l)y  leading  and  prominent  membens  of  this  side  of  the 
House  that  the  chief  efforts  and  the  leading  speeches  were  made  looking  to  the  restric- 
tion of  innnigi-ation  upon  an  educational  Ijasis,  and  for  the  ])urpose  of  securing  just 
what  this  gentleman  says  we  ought  to  have — an  intelligent  class  of  labor. 

I  lind  that  the  gentleman  from  Alaljama  [,Mr.  Underwood]  made  a  very  able 
speech,  and  advocated  an  amendment  imposing  an  educational  qualification  upon 
immigration  to  this  country,  in  order  to  exclude  this  inferior  and  ignorant  class  of 
whom  the  gentleman  from  Iowa  so  contemptuously  spoke  in  his  remarks  the  other 
day.  I  lind  that  the  gentleman  from  ^Missouri  [Mr.  Bartholdt]  was  the  leading  oppo- 
nent of  any  such  restriction,  and  was  ably  aided  and  abetted  bj'  other  Republicans 
on  that  siile  of  the  House! 

I  lind  that  two  distinguished  Missouri  gentlemen  [Mr.  Cochran  and  ]\Ir.  Clark], 
both  Democrats,  made  able  speeches  here  at  length  in  favor  of  a  rigid  di.scrimination 
against  the  ignorant  and  the  lawless  and  the  incompetent  classes  from  the  (")1<1  World, 
and  that  they  were  met  l>y  opi^osition  on  the  other  si<le  of  the  House.  These  pro- 
ceedings are  all  rejiorted  in  the  Congressional  Record  under  dates  May  21,  22,  29,  on 
pages  57(58,  5S13,  5yS9,  and  following. 

There  was  no  recorded  vote  here  upon  the  bill,  but  I  state,  as  a  fact  that  can  be 
verified  by  the  personal  ol)servation  of  every  member  of  this  House,  that  when  the 
vote  was  taken  upon  that  immigration  bill  nearly  every  member  on  this  side  voted 
in  favor  of  restricted  immigration.  And  I  will  call  attention  to  another  fact.  That 
bill  passed  this  IIou.se.  It  has  now'  been  in  a  Ri'publican  Senate  ever  since  and  lies 
there  unactt-d  upon,  when,  if  it  was  the  desire  of  the  Re[)ul)lican  party  of  this  country 
to  restrict  iiiunigration,  as  the  gentleman  from  Iowa  thinks  it  ought  to  be,  it  could 
have  been  rea<lily  done. 

The  Cn.\iK.M.\x.  The  time  of  the  gentleman  has  expired. 

Mr.  B.VRTnoi.DT.   Will  the  gentleman  yield  to  me  for  a  question? 

Mr.  JoxES  of  Virginia.  I  ask  unanimous  consent  that  the  time  of  the  gentleman 
from  Texas  may  be  extended  for  ten  minutes. 

The  CnAiUMAX.  The  gentleman  from  Virginia  asks  unanimous  consent  that  the 
time  of  the  gentleman  from  Texas  be  extended  for  ten  minutes.  Is  there  objection? 
[.\fter  a  pause.]     The  Chair  hears  none. 

Mr.  15.vKTiioi.nT.  I  would  like  to  ask  the  gentleman  a  (piestion — whether  I  under- 
stood him  to  say  that  I  was  opposed  to  the  educational  test  as  a  matter  of  principle? 

Mr.  WooTEx.   I  did  not  hear  the  gentleman. 


588  LEGISLATIVE    HISTORY 

Wr.  Bartholdt.  I  want  my  friend  to  say  whether  I  am  correct  in  imderstanding 
him  to  claim  that  I  was  opposed  to  the  educational  test? 

Mr.  WooTEN.  You  made  a  speech  of  great  length  on  the  subject,  which  speaks  for 
itself. 

Mr.  Bartholdt.  My  view  on  the  matter  was  this 

Mr.  WooTEN.  The  gentleman  can  not  make  a  speech  in  my  time. 

Mr.  Bartholdt.  Tlie  gentleman  will  not  do  me  an  injustice. 

Mr.  VVooTEN.  I  do  not  care  to  have  my  time  taken  up  in  that  way.  The  gentle- 
man was  heard  at  great  length  on  the  subject.     I  decline  to  yield. 

The  Chairman.  The  gentleman  fiom  Texas  has  the  floor. 

Mr.  WooTEN.  Now,  I  say  that  the  statement  made  by  the  gentleman  from  Iowa, 
and  which  has  been  inferentially  attempted  to  be  confirmed  by  the  gentleman  from 
Illinois  [Mr.  ]\Iann],  who  spoke  a  little  while  ago  upon  another  amendment,  that 
this  side  of  the  House  has  ever  taken  any  other  position  than  that  of  favoring  such  a 
restriction  as  to  the  immigration  of  laboring  classes  into  this  country  as  would  restrict 
it  to  such  persons  as  were  competent  to  become  intelligent  American  citizens,  or  that 
we  have  ever  taken  any  other  position  than  that  labor  is  a  coordinate  branch  of  indi- 
vidual enterprise  in  this  country,  which  ought  to  be  independently  recognized  by 
Congress,  is  not  correct. 

The  position  occupied  by  that  side  of  the  House  and  by  the  Republican  party  at 
large  upon  this  issue  is  one  of  alternate  cajolery  and  contempt  for  the  laboring  classes 
and  one  of  consistent  duplicity  and  deceit  in  dealing  with  their  vital  interests.  They 
may  deny  that  there  is  any  sort  of  antagonism  between  organized  and  incorporated 
capital  and  organized  labor,  and  they  may  seek  by  vague,  generic  definitions  of  labor, 
as  including  all  classes  of  industries,  to  reason  away  and  theorize  out  of  existence  the 
significant  facts  that  they  are  dealing  with;  but  they  can  not  by  speculation  and 
sophistry  destroy  thjj  status  that  is  recognized  l)y  everybody  as  it  exists  in  the  con- 
troversy between  syndicated  capital  and  organized  labor.  They  try  to  ignore  that, 
but  they  can  not  thereby  remove  or  remedy  the  evil  that  overshadows  all  other  prob- 
lems at  this  time  in  this  country. 

Now,  Mr.  Chairman,  it  is  not  necessary  nor  does  it  follow  as  a  logical  result  that 
because  a  man  calls  attention  to  the  existence  of  a  fact  he  is  thereby  indorsing  the 
condition  represented  by  that  fact.  I  am  not  here  nor  is  any  man  on  this  side  of  the 
House  here  ready  to  indorse  or  encourage  any  sort  of  hostility  or  antagonism  between 
these  classes.  But  I  do  say  that  no  man  on  this  floor  on  either  side  of  the  House  can 
deal  candidly  and  courageously  with  himself  or  the  country  without  recognizing  the 
fact,  however  much  he  may  deplore  it  as  a  fact,  that  there  is  a  conflict  between  cor- 
porate capital  and  organized  labor;  that  it  is  a  fact  that  has  come  to  stay  until  the 
conditions  are  taken  away  that  have  built  up  the  fact.  And  I  want  to  say  that  bills 
like  this  and  that  legislation  like  this,  which  seek  to  subordinate  and  to  practically 
ignore  the  great  interests  of  labor,  are  not  calculated  to  remove  the  conditions,  but 
simply  to  emphasize  the  hostility  between  these  classes. 

The  bill  itself  recognizes  this  distinction.  It  calls  the  proposed  Department  a 
"Department  of  Commerce  and  Labor."  Why  should  the  two  words  be  used  if,  as 
the  gentleman  from  Illinois  undertakes  to  reason,  commerce  covers  all  labor?  1 
understand  that  theory  of  government  which  is  favored  on  that  side  of  the  House, 
that  commerce  is  synonymous  with  civilization;  I  understand  that  school  of  political 
thought  which  believes  that  the  commercial  interests  are  the  only  interests  that 
ought  to  be  considered  in  this  Hou.se;  but  I  want  to  say  that  I  have  no  sympathy 
with  it,  and  Avhenever  the  opportunity  arises  I  desire  to  raise  my  voice  against  any 
such  vicious  and  ruinous  policy  of  administering  this  Government. 

Now,  Mr.  Chairman,  when  we  come  to  hunt  the  origin  and  history  of  this  bill  and 
of  this  measure,  you  will  find  tiiem  l)y  referring  to  the  Rejiublican  platform  of  1900; 
there  is  where  you  will  lind  them  properly  designated  and  their  character  jn-operly 
defined.     I  find  upon  reference  to  the  Republican  platform  of  1900  this  plank: 
Department  of  Commerce. 

That  is  what  it  was  headed.  They  did  not  then  undertake  to  deceive  the  country 
by  including  "labor."     They  said: 

A  Department  of  Commerce. 

And  here  is  what  they  demanded: 
In  the  interest  of  our  exitanding  commerce — 

Not  in  the  interest  of  "organized  labor;"  not  in  the  interest  of  settling  tiiese 
irreconcilable  conflicts  that  are  arising  daily  between  corporate  capital  and  organized 


LEGISLATIVE    HISTORY  589 

labor;  Ijut  "'in  the  interost  of  our  expamlinj;  coininerce  ;vercc()min('ii(l  that  Congress 
cri'ate  a  (U'liartiiu'ut  of  coinnu'rce  and  iiuhistries,"  etc. 

Not  "lalior."  Now,  weall  know  what  "iiKhiMtry"  means.  Industry shnply means 
that  kind  of  mterprisf  that  results  in  the  prochiction  of  any  eonmiodity  of  conimeree, 
wlu'tlier  hy  nientai  or  manual  (■ner<;y;  and  in  that  sense  it  includes  every  i)ro(hict  of 
human  effort  and  iu<j;enuity.  It  does  not  siy;nify  lalior  in  tiie  sense  here  meant  and 
for  which  1  contend.  We  all  know  and  we  liave  all  read  in  the  metropolitan  journals 
and  inaga/ines  who  the  "captains  of  industry"  are. 

Such  men  as  Morgan  anil  Frick  and  Baer  and  those  who  represent  to-day  the 
organized  greed  and  tyranny  and  oppression  of  corjiorations  and  capital  in  this 
country.  This  is  the  kind  of  a  department  that  tlu>  Repulilican  jiarty  asked  to  he 
created,  and  this  is  the  kind  of  department  that  tiie  gentlemen  are  now  seeking  to 
create  by  this  hill.  They  have  liyixicritically  yoked  up  in  the  hill  the  name  of 
labor,  Avithout  recognizing  in  any  form  the  interests  of  labor  or  the  rights  and  res])on- 
sibilities  of  that  great  class  of  our  people.  I  do  not  believe  that  in  all  its  career  of 
unlilushing  iniquity  and  fraud  and  hypocrisy  the  Republican  party  ever  presented 
to  this  countrv  a  nuire  infamous  and  hypocritical  measure  than  this.  [Applause  on 
the  Democratic  side.] 

Tlie  Clerk,  proceeding  with  the  reading  of  the  bill,  read  as  follows: 

Sec.  3.  That  it  sliiiU  he  tho  province  and  duty  of  said  Depart nu'nt  to  foster,  promote,  and  develop 
the  forei.iju  and  doniestie  eoniineree,  tlie  mininir,  manufaeturinj^r,  shii>pins.  and  fishery  industries, 
tlie  lal)or  iiUerests,  tlie  transportation  facilities,  and  the  insurance  business  of  tlie  United  States;  and 
to  this  end  it  sliall  be  vested  witli  jurisdiction  and  control  of  the  departments,  bureaus,  oHices,  and 
branches  of  the  public  service  hereinafter  specified,  and  with  such  other  powers  and  duties  as  may 
be  preseribed  by  law. 

Mr.  M.\.NX.  Mr.  Chairman,  by  direction  of  the  committee,  I  offer  the  following 
amendment: 

Amend  by  adding  to  section  3  at  the  end  thereof  the  following: 

"All  unexpended  appropriations,  which  shall  be  available  at  tho  time  when  this  act  takes  effect, 
in  relation  to  tlie  various  odices,  bureaus,  divisions,  and  other  branches  of  the  public  service,  whieh 
shall,  by  tliis  act,  be  trausferreii  to  or  included  in  the  Department  of  Commerce  and  Lalior,  or  whieh 
may  hereafter,  in  accordance  with  the  provisions  of  this  act.  be  so  transferred,  sliall  bec^ome  available, 
from  the  time  of  such  transfer,  f<ir  expeii<liture  in  and  by  the  Department  of  Commerce  and  Labor, 
and  shall  be  treated  the  same  as  thiiuy^li  said  branches  of  the  public  service  had  been  directly  named 
in  tlie  laws  making  said  appnijiriations  as  ])artsof  the  Department  of  Commerce  and  Labor,  uiiiler 
the  direction  of  the  Secretary  of  said  Department." 

The  amendment  was  considered  and  agreed  to. 

3Ir.  Palmer.  'Sir.  Chairman,  I  move  to  strike  out  the  last  word  in  order  to  ask 
the  chairman  of  the  committee  a  question.  In  line  23  are  the  words  "including  the 
insurance  business  of  the  United  States."  I  would  wish  to  know  for  what  reason  or 
jnirpose  the  insurance  business  of  the  United  States  is  covered  into  the  Department 
of  Commerce  and  Labor.' 

Mr.  Hepuurx.  ;Mr.  Chairman,  it  was  believed  by  a  majority  of  the  committee  that 
it  would  be  a  wise  iirovisiou  of  law  to  have  some  department  charged  with  the  duty 
of  securing  jiroper  information  in  regard  to  this  immense  Inisiness.  The  insurance 
business  of  the  United  States  is  colossal.  The  wealth  of  the  insurance  companies  is 
greater  than  all  of  the  values  of  all  property  in  the  United  States  at  the  time  this 
Government  was  formed.  The  business  of  the  insurance  companies  is  greater  in  vol- 
ume per  dollars  and  cents  than  all  of  the  combined  business  of  all  regions  of  this 
country  at  the  end  of  the  Revolutionary  war.  It  is  colossal.  There  are  three  corpo- 
rations doing  business  in  one  single  city  in  the  United  States  whose  assets  aggregate 
more  than  $1,000,000,000. 

Now  it  has  come  to  jiass  that  all  commercial  business  is  in  a  large  measure  depend- 
ent upon  insurance.  As  I  said  the  other  day,  if  you  were  to  obliterate  the  insurance 
of  thtv  United  States  you  would  well-nigh  obliterate  the  commerce'  of  the  United 
States. 

The  business  of  commerce  could  not  be  undertaken  were  it  not  for  the  protection 
and  influence  of  insurance.  It  is  of  wonderful  importance  to  the  people,  and  there  is 
nobody,  no  authority  in  the  United  States,  charged  with  the  collection  of  informa- 
tion and  its  proper  dissemination.  There  are  certain  of  the  States  that  collect  statis- 
tics with  regard  to  comjianies  that  do  business  in  their  States  and  disseminate  it  in 
their  States,  yet  there  is  no  one  charged  with  the  tluty  of  securing  information  in 
regard  to  all  of  the  insm-ance  companies  that  are  candidates  f<»r  business  and  allowing 
the  people  to  know  as  to  them. 

Three  times  we  have,  at  periods  of  ten  years  distant,  required  the  Census  Othce  to 
secure  some  information  bearing  ujxjn  this  subject,  but  at  intervals  of  ten  years.  I 
might  .say  here,  in  passing,  that  the  information  gathered  by  the  present  census  force 
for  the  Twelfth  Cen.^us  is  not  yet  in  print.  I  submitted  the  day  Itefo-e  yesterday  a 
paper  containing  a  list  of  150  bogus  insurance  companies  that  were  doing  business  in 


590  .    LEGISLATIVE    HISTORY 

the  United  States  and  were  perpetrating  their  robberies  and  fraud  npou  innocent  and 
ignorant  people.  The  committee,  I  tliink,  with  almost  unanimity,  regard  this  provi- 
sion as  a  most  important  one.  I  hope  that  there  will  l^e  no  disi:)Osition  upon  the  part 
of  this  committee  to  strike  it  out. 

Mr.  Palmer.  The  gentleman  has  answered  my  question,  as  I  understand,  by  stat- 
ing that  the  insurance  business  is  covered  into  the  Department  of  Commerce  and 
Labor,  because  it  is  desired  to  collect  information  in  regard  to  the  insurance  com- 
panles  of  the  United  States. 

Mr.  Hepbukn.  Yes. 

Mr.  Palmer.  I  call  the  gentleman's  attention  to  the  fact  that  the  words  of  the  sec- 
tion are  "to  promote  and  develop  the  foreign  and  domestic  commerce"  and  "pro- 
mote and  develop  the  insurance  business  of  the  United  States."  I  wish  to  ask  the 
chairman  of  the  committee  what  right  or  power  or  authority  he  claims  for  the 
Federal  Government  over  the  insurance  business  of  the  United  States? 

Mr.  Hepbirx.  Well,  Mr.  Chairman,  I  don't  care  to  attempt  to  make  an  argument 
upon  that  question  just  now.  I  know  that  the  Supreme  Court  of  the  United  States 
in  two  or  more  cases  where  they  were  discussing  interests  that  were  involved  in 
building,  in  insurance  of  that  kind,  have  held  in  the  form  of  o1)iter  dicta  that  that 
kind  of  insurance  was  not  permitted. 

The  Chairman.  The  time  of  the  gentleman  from  Pennsylvania  has  expired. 

Mr.  Corliss.  Mr.  Chairman,  I  have  two  amendments  covering  this  subject  that  I 
desire  to  have  read  now,  and  I  include  section  6,  as  it  is  the  same  subject-matter. 

The  Clerk  read  as  follows: 

Strike  out  in  line  23,  page  9,  tlie  words  "and  the  insurance  business  of  the  United  States." 

Mr.  Corliss.  Mr.  Chairman,  I  discussed  briefly  this  provision  j'esterday.  I  read 
three  authorities  of  the  Sujireme  Court  upon  the  subject.  I  was  surprised  that  the 
chairman  of  the  committee  ventured  the  prediction  that  the  Supreme  Court  would, 
in  case  of  a  marine  insurance  contract  being  submitted,  hold  it  to  be  interjitate 
commerce. 

I  hold  in  my  hand  a  decision  of  the  Supreme  Court  of  the  United  States  rendered 
in  1894  by  Justice  White,  commenting  upon  all  the  other  decisions  bearing  upon  fire 
insurance  and  life  insurance,  but  deciding  the  question  raised  specifically  upon  a 
marine  insurance  policy;  and  this  was  the  case  of  Hooper  v.  California,  Avhicli 
appears  in  the  record.     The  court  there  said: 

The  contention  here  is  that  inasmuch  as  the  contract  was  one  of  marine  insurance — 

That  is  a  matter  of  interTfate  commerce — the  very  identical  question  to  which  the 
chairman  of  the  committee  referred  when  he  predicted  that  the  Supreme  Court  would 
decide  that  it  was  commerce.  In  rendering  this  opinion  the  court  stated  positively 
that  a  marine  insurance  policy  and  the  business  of  marine  insurance  are  not  com- 
merce; that  the  contract  of  insurance  is  not  an  instrumentality  of  conniierce. 

Now,  I  submit  that  it  is  not  within  the  control  of  Congress  to  undertake  to  legislate 
upon  this  subject;  that  the  insurance  business  is  not  commerce;  that  the  Constitution 
does  not  permit  us  to  control  it;  and  that  to  do  so,  or  attempt  to  do  so,  is  a  dangerous 
step.  To-day  the  insurance  comj)anies  are  vast;  their  influence  is  great;  they  are  con- 
trolled by  laws  of  tiie  several  States;  they  are  taxed  in  the  States  properly.  Every 
State  requires  insurance  companies  to  deposit  a  large  sum  of  money,  or  to  give  a  heavy 
bond,  to  protect  the  insured.  Should  Congress  undertake  to  recognize  this  business 
as  commerce,  the  right  of  the  several  States  to  tax  the  insurance  business  may  be 
affected.  When  insurance  business  becomes  commerce  and  such  contracts  are  held 
to  be  interstate  commerce,  the  State  will  lose  control.  The  business  of  telegraph 
companies  and  of  telei)hone  comi)anies  has  been  field  to  be  interstate  commerce, 
and  the  Suiireine  Court  has  decided  that  the  State  has  no  right  to  si)eciflcally  tax  it. 

I  therefore  say  that  this  is  an  unwise  step,  an  illegal  step;  that  it  is  tlie  creation  of 
a  Bureau  for  no  purpose  whatever  but  to  give  publicity  to  facts  which  are  now  pub- 
lished broadcast  over  the  land.  You  might  as  well  establish  a  l)ureau  to  collect 
statistics  and  other  information  with  reference  to  stocks  and  bonds  issued  by  different 
corporations. 

The  chairman  of  the  committee  calls  attention  to  the  fact  that  there  are  60  fraud- 
ulent insurance  companies.  Why,  Mr.  Chairman,  how  many  fraudulent  mining 
companies  are  there  that  are  scattering  their  stock  broadcast  over  the  country? 

The  Chairman.  The  time  of  the  gentleman  has  exi)ired. 

Mr.  CoRUSs.  Beingamemlier  of  thi^  committee,  J  ask  for  five  minutes  more. 

The  Chairman.  Is  there  objection?    The  Chair  hears  none. 

Mr.  Stewart,  of  New  Jersey.  Has  the  Supreme  Court  of  the  United  States  ever 
decided  that  insurance  contracts  Avith  reference  to  merchandise  which  are  the  subject 
of  interstate  commerce  is  not  itself  commerce? 


LEGISLATIVE    HISTORY  591 

^Ir.  CoKUSs.  The  caj!e  to  Avhicli  1  refer  was  upon  ;i  marine  insurance  contract 
relatinjx  to  a  subject  of  interstate  eoniiiierce. 

.Mr.  Sticwakt,  of  New  .lersey.    Was  tlic  suhject-niattcr  of  llu'  contract  a  sul)ject  of  ^ 
interstate  eonunerce? 

Mr.  CoHMss.  It  eould  not  he  otlierwise.  The  articles  in  (luestion  were  ))eing 
transported  into  the  State  of  CaUfornia  on  the  sea.  The  court  held  that  the  trans- 
portation was  coiujneree,  l)ut  tiiat  a  contrart  nf  marine  insurance  did  not  embrace 
the  element  of  conuneree. 

Now,  ]\Ir.  Ciiairman,  it  seems  to  me  unwise  to  create  this  JUireau  for  anotlier 
reason.  You  are  imposin<rau  adtbtional  burden  upon  tiie  ]H'ople.  You  are  creating 
uuni'cessary  l>ureaus.  You  have  here  authorized  a  chief  of  bureau  at  $4,(HiO  a  year, 
and  a  lunuher  of  clerks.  Wliat  for?  To  investijrate  facts  which  are  now  well  known 
all  over  this  country,  facts  whit'h  are  i)ul)lished  broadcast  by  tiu'  different  States; 
and  the  beuelit  which  is  exj)ected  to  be  derived  from  this  is  that  it  furnislies  infor- 
mation to  the  investor.  That  is  all.  The  investor  in  an  insurance  policy  may  <lesire 
to  know  whether  a  {)articular  comi)any  is  frautlulent  or  not.  Can  the  cliief  of  this 
Bureau  ascertain  sucli  information  under  this  ])ropo.sed  law?  1  submit  not.  The 
insurance  comj>anies  are  great  corporations.  What  right  has  the  chief  of  a  United 
States  1  )ureau  to  go  into  a  State  and  investigate  tlie  affairs  of  a  corporation  to  ascertain 
facts  not  voluntarily  given? 

I  submit,  J\Ir.  Chairman,  that  we  are  creating  an  unnecessary  bureau  where  unnec- 
e.>^sary  expense  will  be  incurred,  and  I  fear  these  great  corporations  may  avail  them- 
selves of  the  opi>ortunity  to  get  into  the  courts  a  ca.se  upon  which  they  may  secure 
a  duci.sion  that  an  insurance  I'ontract  upon  products  in  transportation  is  commerce. 
You  then  dei)ri\e  the  States  of  the  power  of  controlling  and  regulating  the  insurance 
business.     ,Mr.  Chairman,  I  reserve  the  balance  of  my  time. 

3Ir.  j\r.\Nx.  I\Ir.  Chairman,  with  very  great  respect  for  the  distinguished  gentleman 
from  ^Michigan  [Mr.  Corliss],  who  is  my  friend,  it  seems  to  me  that  in  his  speech  he 
has  simply  been  batting  the  air.  There  is  not  a  line  or  a  word  in  this  bill  which 
l)urports  to  confer  on  this  Department  or  ui>on  the  ( iovernnient  jurisdiction  over 
insurance  as  interstate  connnerce.  I  do  not  yet  know  that  the  Congress  or  the  Gov- 
ernment of  the  United  States  has  jurisdiction  over  the  weather,  but  still  we  maintain 
an  expensive  weather  department  to  publish  information.  I  have  yet  to  discover 
that  tlie  National  Government  has  jurisdiction  over  the  farmers'  soil,  and  yet  we 
maintain  an  exjiensive  establishment,  called  the  Division  of  Soils,  ftu-  the  purpose  of 
making  an  examination  of  the  soil;  not  soil  belonging  to  the  National  Government, 
not  soil  over  which  the  National  Government  has  jurisdiction,  but  for  the  purpose 
of  publishing  information. 

I  have  yet  to  learn  that  the  National  Government  has  jurisdiction  over  the  cotton 
crops,  but  the  distinguished  gentlemen  on  the  other  side  of  the  aisle  who  are  so 
interested  in  the  cotton  crop  properly  ask  that  the  National  G(5vernment  shall  obtain 
and  publisli  information  concerning  the  cotton  crop  and  statistics  in  regard  to  its 
amount  and  its  (piality.  The  same  thing  is  true  of  insurance.  I  do  not  know  whether 
insurance  is  interstate  commerce  or  not.  This  body  can  not  decide  that  question. 
That  question  will  be  disposed  of  when  reacheil  by  the  Supreme  Court  of  the  United 
States.  We  do  not  assume  that  jurisdiction,  but  we  say  that  in  a  l)usiness  which  has 
grown  to  the  great  volume  that  insurance  business  has  it  is  pro]ier  for  the  National 
Government  to  voluntarily  obtain  and  publish  in  a  way  that  every  person  can  receive 
it  information  concerning  the  insurance  com2)anies  and  the  class  of  insurance  busi- 
ness. Not  only  that,  but  the  insurance  department  of  the  Government  may  obtain 
and  publish  information  concerning  the  companies  which  will  be  of  value  in  other 
countries  wliere  our  companies  are  transacting  business. 

^Ir.  Chairman,  the  insurance  business  is  simply  enormous.  It  is  beyond  concep- 
tion almost.  Last  year  nearly  thirty  life  insurance  companies  in  the  one  State  of 
Connecticut  received  in  premiums  l!i:^o7,000,OflO,  and  thev  received  a  total  income  of 
$425,000,000.  The  assets  of  those  companies  a  year  ago  amounted  to  $1,858,000,000. 
Those  a.«.sets  are  not  owned  for  the  benefit  of  the  insurance  companies.  They  are 
owned  for  the  benefit  of  the  people  who  are  insured. 

I\Ir.  B.^RTLETT.  Mr.  Chairman,  I  would  like  to  ask  the  gentleman  a  question. 

The  Chairman.  Does  the  gentleman  yield? 

^Ir.  ^Iaxx.  I  yield  to  the  gentleman  from  Georgia. 

Mr.  Bartlett.  Section  0,  on  ])age  13  of  this  bill,  which  ]>rovides  for  this  Depart- 
ment of  Insurance,  uses  the  following  language: 

It  shall  be  tlic  province  and  duly  of  s;iiil  )?uri>aii,  iukIci-  tho  dirootion  of  the  Secretary,  to  exercise 
such  control  as  imiy  be  provided  by  law  over  every  insurance  company,  society,  or  association  trans- 
actinj;  business  in  the  United  States  outside  of  tiie  State,  Territory,  or  district  wherein  tlie  same  is 
orRanizecl,  ami  to  foster,  i)roniote,  an<l  develop  the  varifins  insuranee  industries  of  the  I'nited  States 
by  gathering-,  compiling,  publishing,  and  suiiplying-  all  available  and  useful  information  eoneerning 
such  insuranee  companies  and  the  business  of  "insurance,  and  by  such  other  methods  and  means  as 
may  be  prescribed  by  the  Secretary  or  provided  by  law. 


592  LEGISLATIVE    HISTORY 

NoAV,  I  would  ask  if  the  word  "control"  a.s  there  used  does  not  begin  to  inaugurate 
a  system,  whether  it  is  done  in  this  V)ill  or  not,  as  to  A\4iich  future  Congresses,  taking 
this  as  a  cue,  can  pass  laws  for  the  i)urpose  of  givjng  the  Fetleral  Government  under 
this  Department  the  right  to  regulate  and  control  the  business  of  these  insurance 
companies  everywhere?  Is  not  that  in  contravention  of  the  laws  of  the  various 
States  controlling  and  regulating  the  business  of  insurance  in  those  States? 

Mr.  Mann.  I  think  not.  The  words  in  the  bill  provide  for  control  as  may  be  pro- 
vided by  law.  There  is  no  one  in  the  House,  and  so  far  as  I  know  no  one  in  the 
countr}',  who  desires  to  have  the  power  conferred  upon  the  National  Government, 
even  if  it  could  be  constitutionally  conferred,  to  regulate  the  insurance  business  and 
take  it  away  from  the  control  of  the  States.  But  those  words  are  usual  in  creating  a 
Department;  they  ought  to  be  in  the  bill.  They  mean  nothing  unless  hereafter  in 
some  way  some  power  is  conferred  upon  the  Department.  It  might  be  a  power 
simply  to  collect  statistics,  as  we  confer  ]M)\ver  upon  the  Census  Office;  but  it  is  not 
the  purpose  and  not  the  meaning  of  the  law  to  take  away  the  power  of  the  State  and 
confer  it  upon  the  National  Government. 

Mr.  Bartlett.  May  I  ask  the  gentleman  another  question? 

The  Chairman.  The  time  of  the  gentleman  has  expired. 

Mr.  De  Armond.  Mr.  Chairman,  this,  I  think,  is  rather  a  remarkable  provision. 
It  is  to  "foster,  promote,  and  develop"  the  insurance  business  of  the  United  States, 
a  business  which,  as  the  chairman  of  the  committee  stated  to  the  House  a  short  time 
ago,  is  already  an  enormous  lousiness.  Yet  we  are  to  foster,  promote,  and  develop  it 
through  the  agencies  of  this  new  Department  of  Conunerce  and  Labor.  Why  is  not 
this  called  the  Department  of  Commerce  and  Insurance?  Why  do  you  not  tack  onto 
the  name  the  word  "insurance"  as  well  as  the  word  "labor."  Certainly  the  insur- 
ance interests  will  be  satisfied  with  the  substance,  and  you  propose  to  satisfy,  if  you 
can,  labor  interests  with  a  jingle  of  words.  What  reason  there  is  upon  the  earth  for 
a  department  in  this  Government  to  foster,  promote,  and  develop  insurance,  until 
the  discovery  was  made  by  the  gentlemen  who  project  this  bill,  was  a  mystery  to 
the  world.  This  clause  is  an  addition  to  what  was  in  the  Senate  bill.  Those  who 
refer  to  section  3  of  tjie  Senate  bill,  jjroposed  to  be  stricken  out  to  make  way  for  this 
amendment,  will  find  that  it  contains  nothing  in  relation  to  fostering,  promoting,  and 
developing  insurance. 

The  gentleman  from  Illinois  []\Ir.  Mann]  suggests  that  these  harmless  words 
"foster,  promote,  and  develop"  will  have  no  weight  and  can  do  nothing  unless  there 
be  other  legislation.  Does  the  gentleman,  in  the  simplicity  of  his  soul,  suppose  that 
it  is  intended  that  there  shall  be  no  other  legislation?  Can  he  not  with  the  eye  of 
fancy  see  a  bureau  jiresided  over  by  a  chief  and  an  assistant  chief  and  a  chief  clerk, 
assistant  clerks,  and  a  horde  of  useful  employees,  to  "foster,  promote,  and  develop" 
the  insurance  business  of  the  United  States,  and  incidentally — I  might  say  principally 
and  primarily — to  foster,  jiromote,  and  develoji  the  interests  of  themselves  and  of 
those  who  put  them  into  these  fat  but  useless  offices? 

There  are  a  great  many  things  in  this  bill  the  absence  of  which  would  1  )e  an  improve- 
ment, but  striking  and  unique  in  these  samples  of  strange  legislation  is  this  feature: 

To  foster,  promote,  and  develop  the  insurance  industry  in  the  United  States. 

If  this  were  not  serious  legislation,  it  would  lack  but  little  of  being  a  roaring  farce — 
creating  a  department  of  the  Government,  having  an  officer  in  the  Cabinet  of  the 
President,  to  foster,  promote,  and  develop  the  insurance  business  of  the  United  States; 
and  not  to  leave  him  alone  and  unassisted,  not  to  burden  him  with  overwork,  but  to 
supply  him  with  an  abundance  of  subordinates,  so  that  he  and  they,  colaboring,  put- 
ting their  massive  intellects  and  their  great  industry  into  operation,  may  effectually 
and  satisfactorily  to  those  interested  that  way,  foster,  promote,  and  develop  the 
huge,  the  enormous  insurance  business  of  the  United  States. 

This  provision  did  not  straggle  in  by  accident.  It  did  not  get  in  through  some 
fortuitous  circumstances.  I  think  it  is  due  to  the  House  that  those  who  know  how 
it  got  into  this  bill,  that  those  who  know  who  got  it  into  the  bill,  that  those  who 
know  who  are  to  profit  primarily  and  directly  from  the  pvitting  of  it  into  the  bill, 
ought,  in  a  generous  burst  of  confidence,  to  impart  a  little  of  the  information  to  the 
House.  It  would  not  occur  to  the  ordinary  man  in  the  ordinary  way,  the  ordinary 
promoter  of  commerce,  the  ordinary  friend  of  labor  in  words — it  would  hardly  as  a 
mere  matter  of  accident,  as  a  matter  of  fortuitous  inspiration,  occur  to  any  of  these 
to  light  u]>on  this  scheme  to  provide  for  fostering,  promoting,  and  developing  the 
insurance  business  of  the  United  States.  I  think  we  can  see  following  this  the 
organization  of  some  huge  Federal  insurance  companies.  I  think  we  may  witness 
the  power  of  organized  wealth  banded  together  in  the  various  insurance  companies 
taking  jwssession  so  far  as  they  please  of  the  machinery  of  the  Government,  using  it 
to  throw  out  of  gear  and  to  destroy  the  machinery  of  the  States,  perfected  to  a 
considerable  degree  for  the  control  of  the  insurance  interests  and  business. 


LEGISLATIVE   HISTORY  593 

[Hero  the  liainnior  fell.] 

]SIr.  GnosvENdK.  Mr.  ("hairinaii,  I  want  to  make  two  suotgei'tions  in  regard  to  the 
ariruiiH'iit  of  the  gontU'iuau  from  Missouri  [Mr.  I)e  Armoiid]:  First,  as  to  the  use  of 
the  ]aii>,'uaire  "foster,  promote,  ami  develop." 

Those  words  are  used  not  in  their  ordinary  meaning,  and  certainly  not  in  the 
meauiug  that  the  gentleman  froui  Misf5ouri  ha.s  given  to  them.  The  purposes  cov- 
ered hy  the  enactment  have  received  complete  explanation  and  limitation  hy  the 
words  that  follow  in  the  hill  itself.  He  is  to  "foster,  promote,  and  di'veloi)  the 
variou-s  insurance  industries  of  the  United  States."  How?  By  any  such  means  or 
measures  as  the  gt'ntleman  has  siioken  of?  CertainhMiot;  hut  by  exactly  the  same 
jirocesses  that  the  gentleman  from  Hlinois  [Mr.  ]\Iaim]  has  already  explained  in 
regard  to  the  cultivation  and  growth  of  cotton,  the  production  and  propagation  of 
lisli,  the  control  of  the  weatlier,  and  all  of  the  other  things  that  are  covered  by  this 
bureau  of  information,  by  the  (.iovernment. 

Mr.  Dk  Ahmonu.   ]\lr.  Chairman 

The  CiiAiRMAX.   Does  the  gentleman  from  Ohio  yield? 

Mr.  Grosvenor    I  have  not  quite  stated  my  point.     It  is  to  be  done — 

by  gathering:,  compiliiif!:,  publishingr,  and  supplying  all  available  and  useful  information  concerning 
sui'h  insurance  business.  And  to  tliis  end  it  shall  be  vested  with  jurisdiction  and  control  of  tlie 
def)artinents.  bureaus,  and  branches  of  the  public  service  hereinafter  specified,  an<i  with  such  other 
powers  and  duties  as  may  be  prescribed  by  law. 

So  the  whole  action  of  this  Bureau  in  the  matter  of  insurance  is  limited.  First,  its 
power  an<l  purpose  are  described,  ami  then  limited  by  the  act  itself. 

The  Chairman.  Does  the  gentleman  now  yield? 

Mr.  (iRosvENOR.  I  do. 

^Ir.  I)e  Armoxp.  The  gentleman  now  has  given  his  explanation  of  the  meaning  of 
foster,  develop,  and  promote  the  insurance  industry  of  the  United  States. 

Mr.  Grosvenor.  By  the  processes  and  means  laid  down  in  the  statute,  and  limited 
expressly  to  those  processes  and  those  powers,  and  none  other. 

3Ir.  De  Ar.mond.   Will  the  gentleman  permit  a  question? 

^Ir.  tiRosvENOR.  Certainly. 

'Slv.  De  Ahmond.  Wluit  fostering,  promoting,  or  develojiing  does  the  insurance 
business  of  the  United  States  need  at  this  time? 

Mr.  Grosvenor.  Well,  I  call  the  gentleman's  attention  to  one  matter  whicli  I 
think  he  has  lost  sight  of.  It  has  not  been  quite  one  year  since  there  was  pending 
in  this  House  a  most  important  measure,  calling  upon  the  Federal  Government  of 
the  United  States  to  interfere  to  protect  the  vested  rights  and  interests  of  three  of  the 
greatest  in.«nrance  companies  of  the  world  in  a  foreign  country,  and  the  State  Depart- 
ment was  invoked,  and  had  been  for  years  before,  to  supervene  in  the  matter  of  the 
wrongs  that  were  said  to  be  done  to  those  companies  by  the  legislation  or  regulations 
of  the  l''mi)in'  of  (Jermany.  And  so  it  was  that  the  President  of  the  United  Statea 
put  on  foot,  through  the  State  Departjnent,  examinations,  and  reports  came,  and  the 
President's  niefeages  referred  to  them  on  two  different  years.  So  there  wasone  matter 
of  the  greatest  imp.ortance  that  no  State  could  have  interfered  with  or  had  anything 
to  do  with.  This  Departtnent  of  Insurance,  had  it  been  in  exi.stence  at  that  time, 
woidd  have  had  that  information,  all  the  facts  that  would  have  been  necessary  to 
have  .settled  that  matter  in  a  very  few  months.  As  it  was,  two,  at  least,  of  our  insur- 
ance comi)anies  suffered  enormous  lo.«s  of  Imsiness  while  the  pendency  of  insurance 
regulations  were  being  attended  to. 

Now,  Mr.  Cluiirman,  the  main  answer  to  it  all,  as  supplementary  to  what  the  gentle- 
man from  Illinois  has  said  about  this  interest  of  insurance,  of  vast  importance  to 
every  man,  woman,  and  child  interested  in  it,  that  there  shall  be  a  systematic  means 
of  knowledge  open  to  all  the  people  of  the  country  when  there  is  any  futin-e  legisla- 
tion. There  is  no  attem])t  by  this  measure  to  control  the  action  of  the  State,  nor  to 
j)rohil)it  the  action  of  a  State,  nor  to  act  in  place  of  a  State.  It  is  simply  to  transfer 
or  to  give  ))ower  to  this  Department  to  make  such  investigations  as  will  give  to  the 
|)eople  of  all  countries,  our  own  country  as  well,  all  necessary  information  whenever 
they  liave  occasion  to  use  it. 

Mr.  (Jardnek,  of  New  Jersey.  Mr.  Chairman,  let  us  neither  deceive  ourselves  nor 
he  deceived  by  any  doubts  of  jurisdiction  on  the  one  hand  or  disclaimers  of  intent  on 
the  other.  If  the  gentleman  from  ^lichigan  is  right  in  his  legal  contention,  this  i)ro- 
vision,  together  with  section  0,  ought  to  go  out  of  this  bill.  If  the  gentleman  from 
Iowa  is  right,  then  more  emphatically  both  provisions  ought  to  go  out  of  the  l)ill. 

It  is  in  vain  to  say  here  to  intelligent  men  who  know  anything  al)out  the  history 
of  bureaus  of  government,  i)articularly  any  man  who  has  any  knowledge  of  what  has 
hci-n  calle<l  the  "hogging  of  jurisdiction"  from  the  States,  that  the  foumlation  here 
laid  does  not  disclose  the  ])urpose  of  this  l)ill.  A  jtart  of  the  insurance  capital  of  the 
country  has  for  more  than  a  half  a  century  been  aggressively  seeking  to  escape  State 
regulation. 

27628—04 38 


594  LEGISLATIVE    HISTORY 

"Whenever  they  have  had  an  opportunity  in  a  case  having  apparently  interstate- 
commerce  features  it  has  been  carried  to  the  courts  of  the  United  States;  and  there 
has  not  been  a  year  since  I  can  remember  that  legislation  like  this  would  nc^t  have 
been  here  for  enactment  had  anybody  been  able  to  offer  assurance  of  success  in  either 
House  of  Congress.  It  has  not  l)een  here  because  there  was  no  encouragement  to 
bring  it  here.  But  now  a  sentiment  has  arisen  for  the  creation  of  a  Department  of 
Commerce  and  Labor  it  is  seized  upon  as  a  vehicle  to  carry  into  the  domain  of  natif)nal 
legislation  and  jurisdiction  a  question  that  they  would  not  risk  standing  alone. 

This  l)ill  jirovides  for  an  Insurance  Bureau,  and  the  words  now  under  considera- 
tion are  the  foundation  for  the  rest  of  the  jnirpose.  The  provision  is,  "shall  exer- 
cise such  jurisdiction  and  control  as  may  hereafter  be  provided  by  law."  Does  any- 
body wdio  knows  anything  about  the  history  of  Bureaus  of  the  Departments  not 
know  that  very  Bureau  will  from  now  on  report  necessary  additions  to  its  power, 
and  that  the  Secretary  of  the  Department  will  recommend  it,  and  that  it  is  intended 
that  the  whole  matter  of  interstate  insurance  shall  be  beaten  into  such  shape  under 
the  Congressional  hannner  that  it  will  become  interstate  commerce  and  directly  under 
the  control  of  the  national  bureau? 

If  this  bill  passes  this  session  the  year  1904  will  not  come  until  litigation  arises 
thrusting  this  question  of  regulation  of  insurance  into  inextricable  confusion  in  every 
State  having  an  insurance  department.  Gentlemen  tell  us  how  gigantic  this  lousi- 
ness has  become.  It  is  a  prosperous  and  great  business.  Has  it  grown  up  under 
national  control?  No;  but  under  State  regulation.  Every  State,  or  all  of  the  older 
States,  have  insurance  departments,  mider  competent  men.  They  provide  certain 
conditions  luider  which  companies  may  do  business  in  the  States,  and  the  kind  of 
information  that  this  Bureau  can  give  is  already  in  the  hands  of  the  States  for  every 
insurer. 

That  is  not  what  they  seek  in  this  bill,  INIr.  Chairman.  The  kernel  in  this  nut  is 
that  most  of  the  States  require  certain  conditions  for  the  transaction  of  insurance 
business  within  their  limits.  And  one  of  them  is  that  they  recjuire  a  deposit  of 
bonds  or  securities  with  their  financial  ofiicer,  and  thus  provide  an  amount  of  money 
within  the  State  for  those  who  suffer  losses  within  the  State,  and  in  case  of  a  suit 
and  judgment  there  is  something  within  the  State  to  be  reached  by  execution.  That 
is  the  thing  from  which  escape  is  sought,  and  it  is  one  of  the  chief  motives  for  jaress- 
ing  this  measure. 

Mr.  Shack LEFORD.  Mr.  Chairman,  I  think  this  bill  contains  no  feature  more  dan- 
gerous than  that  relating  to  insurance.  It  says  "  it  shall  be  the  province  and  duty 
of  said  Bureau,  under  the  direction  of  the  Secretary,  to  exercise  such  control  as  may 
be  provided  by  law." 

As  has  been  very  well  expressed  by  the  gentleman  from  New  Jersey  [Mr.  Gardner], 
the  great  insurance  companies  of  this  country  would  l)e  very  glad  to  have  jjrovided 
by  law.  some  regulations  that  would  keep  the  States  from  controlling  them  as  they 
now  do.  The  gentleman  from  Illinois  [Mr.  Mann]  had  nuich  to  say  about  information 
for  the  benefit  of  the  people.  In  the  State  from  which  I  come  we  hare  an  insurance 
bureau,  whose  duty  it  is  to  know  the  exact  condition  of  every  insurance  con^paUy 
that  does  business  within  its  borders,  and  to  compel  that  company  to  exhil)it  its  affairs 
for  the  inspection  of  tliat  commissioner,  and  let  him  say  whether  or  not  it  is  solvent 
and  sound.  Every  insurance  comi)any  within  the  boundaries  of  the  State  of  Missouri 
is  compelled  to  show  its  condition,  and  in  doing  so  they  find  it  sometimes  an  embarrass- 
ment to  them,  and  to  escape  this  endoari-assment  they  want  to  come  here  under  some 
sort  of  blanket  law  that  will  take  away  from  the  States  the  powers  they  now  exercise. 

As  I  said  in  a  speech  yesterday,  in  the  State  of  Missouri  we  have  some  insurance 
regulations  which  were  violated  by  the  companies  doing  business  in  our  State.  We 
called  them  before  the  courts  and  took  away  their  charters  and  they  were  not  per- 
mitted to  do  business  again  until  they  paid  fines  to  the  State  amounting  to  more  than 
$100,000.  They  do  not  want  to  do  that.  They  do  not  want  to  comply  with  the  regu- 
lations of  the  State  law.  They  come  here  with  this  insidious  measure,  and  are  now 
attempting  to  get  Federal  control  wdiere  they  are  now  controlled  well  by  the  States 
in  the  interests  of  the  people.  Every  State  in  the  Union  to-day  has  a  good  insurance 
law  and  good  insurance  regulations,  or  can  have  them. 

Now,  Mr.  Chairman,  I  am  opposed  to  any  provision  of  Federal  legislation  that  has 
for  its  object  to  take  away  froui  the  States  this  wholesome  and  healthy  control  of 
the  insurance  companies  doing  business  within  their  borders.  A  few  years  ago  they 
were  driven  from  Kansas  because  they  would  not  comply  with  the  State  laws.  A 
few  years  ago  they  threatened  the  State  of  Arkansas  that  they  should  liave  no  insur- 
ance in  that  State  unless  they  repealed  the  insurance  laws.  They  tried  to  override 
the  laws  in  my  State.  As  has  been  said  l)y  the  gentleman  from  New  Jersey  [Mr. 
Gardner],  this  is  the  first  step  in  the  march  of  the  insurance  comjianics  to  the  goal 
where  the  States  will  have  no  control  over  their  affairs.    To-day  the  insurance  com- 


LEGISLATIVE    HISTORY  505 

paiiios  Wdiilil  liavo  the  (luestions  luljudii-ati'd  l)y  ii  Federal  tril)unal.  Tliey  do  not 
want  to  siihiiiit  to  the  jnd<,'iiient  of  the  State  courts.      [Apphiuse.] 

Mr.  .Mann.  "Sir.  ("hainiiaii 

Mr.  Hay.  Mr.  Chairman,  1  make  th(>  jioint.  that  del)ate  is  exliausted  mi  tlii.s 
amendment. 

The  C'maiuman.  Tlie  time  for  debate  has  expired.  The  <ineslion  now  is  on  the 
ameinhnent  offeretl  liy  the  jrentlenian  from  Michigan. 

Mr.  rAOciKiT.  i\Ir.  C'liairman,  I  sn.ij^est  to  tht'^enth'inan  that  lie  slionid  not  inclnde 
in  his  amendment  to  strike  onrtlu'  words  "in  the.  Tnited  States,"  IxM-ausi^  that  rt'fens 
to  other  hnsiness  above  mentioned. 

Mr.  C'oui.iss.  I  tiunk  tliat  is  a  wood  sn<«iestion  and  I  will  adopt  it. 

Tile  C'nAiK.MAN.  Tlu'  Clerk  will  read  the  amendment  as  modilied. 

Tlu'  Clerk  read  as  follows: 

In  lino  'JS,  strike  out  the  words  "and  tlio  insurance  business." 

The  (luestiou  was  taken;  and  on  a  division  (denuuided  by  Mr.  IIep]>nrn)  there 
wen — ayes  59,  noes  40. 

Mr.  IIeimukn.  Tellers,  Mr.  Chairman. 

Tellers  were  ordered. 

The  Chair  appointed  as  tellers  INIr.  Corliss  and  Mr.  Hepbnrn. 

The  House  again  divided;  antl  the  tellers  reported  that  there  were  70  ayes  and  65 
noes. 

So  the  amendment  was  agreed  to. 

The  Clerk,  proceeding  with  the  reading  of  the  bill,  read  as  follows: 

Skc.  -4.  That  the  following-named  ofRees,  bureaus,  divisions,  and  branches  of  the  public  .service, 
now  and  heretofore  under  the  jurisdiction  of  the  Dejjartment  of  the  Treasury,  and  all  that  pertains 
to  the  same,  known  as  the  LiKht-House  Board,  the  Lii^lit-House  Service,  the  National  Bureau  of 
Standards,  the  Coast  and  Geoihtic  Survey,  the  KureMU  of  Iniiuigration,  and  the  Bureau  of  Statistics, 
be,  and  the  same  hereby  are,  transferred  from  the  Dciiartnicnt  of  the  Treasury  to  the  Dejiartment  of 
Commerce  and  Labor,  an<l  the  same  shall  hereafter  remain  under  the  jurisdiction  and  supervision 
of  the  last-named  DepartnuMit;  and  that  the  Census  Otlice,  and  all  that  pertains  to  the  same,  be,  and 
the  same  hereby  is,  transferred  from  the  Department  of  the  Interior  to  tlie  Deparlnieut  of  Commerce 
and  l.,abor,  to  remain  henceforth  under  the  jurisiliction  of  tlie  latter;  that  the  Department  of  Labor, 
and  the  Office  of  Commissioner  of  Fish  and  Fislieries,  and  all  that  pertains  to  tlu;  same,  be,  and  the 
Siune  hereby  are,  placed  under  the  jurisdiction  and  made  a  part  of  the  Department  of  Commerce  and 
Labor:  tliat  the  Bureatl  of  Foreign  Commerce,  now  in  the  Department  of  State,  be,  and  the  same 
hereliy  is,  transferred  to  the  Deiiarlnicnt  of  Commerce  and  Labor,  and  consolidated  with  and  made 
a  part  of  the  Bureau  of  Statistics,  hereinbefore  transferred  from  the  Department  of  the  Treasury  to 
the  Department  of  Commerce  and  Labor,  and  the  two  shall  constitute  one  Bureau,  to  be  called  the 
Bureau  of  Statistics,  with  a  chief  of  the  Bureau;  and  that  the  Si'cretary  of  Commerceand  Labor  shall 
have  complete  control  of  the  work  of  gathering  and  distributing  statistical  information  naturally 
relating  to  the  .subjects  contided  to  his  Dei>artmeut;  and  to  this  end  said  Secretary  shall  have  power 
to  employ  any  or  either  of  the  said  Bureaus  and  to  rearrange  such  statistical  work,  and  to  distriliute 
or  consoli(h»te  the  same  as  may  lie  deemed  desirable  in  the  ]>ublic  interest;  and  said  Secretary  shall 
also  have  authority  to  call  upon  other  Dei>artnu'nts  of  the  Government  for  statistical  data  and  results 
obtained  by  them;  and  said  Secretary  of  Commerceand  Lalior  may  collate,  arrange,  and  publish 
such  statistical  information  so  obtained  in  such  uuinner  as  to  him  may  seem  wise. 

That  theorticial  records  and  iiai)ers  now  on  hie  in  and  iicrtaiuing  exclusively  to  the  business  of  any 
burcini,  ollice,  department,  or  branch  of  the  public  service  in  this  act  transfcrriMl  to  the  Itt'partmcut 
of  ComiiUTce  and  Labor,  together  with  the  furniture  now  in  use  in  stich  bureau,  otlice,  department, 
or  branch  of  the  public  service,  .shall  be,  and  hereby  are,  transferred  to  the  Department  of  Commerce 
and  Labor. 

^Ir.  ]\Iaxx.  Mr.  Chairman,  by  direction  of  the  committee  I  offer  several  formal 
amendments  to  this  section. 
The  Clerk  read  as  follows: 

AnuMid  section  ■)  by  striking  out  of  line  S,  page  10,  the  word  "service"  and  insert  in  place  thereof 
the  word  "establishment." 

Anu'iid  section  1  by  inserting  in  line  1),  page  10,  after  the  word  "survey,"  the  words  "Commis- 
sioners of  lnimigrati<in." 

Amend  section  4  by  inserting,  after  the  word  "immigration,"  in  line  9,  the  words  "immigration 
service  at  large." 

Insert  in  line  18,  page  10,  after  the  word  "labor,"  the  words  "  Fish  Commi.ssion." 

Strike  out,  in  line  .=>.  x>age  11,  the  word  "complete." 

Amend  section  4  by  striking  out  of  said  section  all  after  and  including  the  word  "and,"  in  line  7, 
page  11,  down  to  and  including  the  word  "  interest,"  in  line  11  of  said  page,  and  inserting  in  place 
thereof  the  following; 

"AikI  the  Secretary  of  Commerce  and  Labor  is  hereby  given  the  power  and  authority  to  rearrange 
the  statistical  work  of  the  bureaus  and  oflices  confided  to  said  Department,  ami  to  consolidate  any  of 
the  statistical  bureaus  and  offices  transferred  to  said  Department." 

The  Chairman.  Without  objection  the  amendments  will  be  sulimitted  together. 

Mr.  Crimpack-kr.  I\Ir.  Chairman,  I  desiri-  to  address  the  House  briefly  upon  the 
amendment  j)rojiosed  by  the  gentleman  fn.m  IIHnois  [Mr.  ^Nlann]  antiil)rizing  the 
Secretary  of  t lie  Department  of  Connnerce  and  Labor  to  rearrange  and  coordinate 
the  statistical  work  of  tliat  Department,  and  to  merge  and  consolidate  statistical 
bureaus  and  oflicis  wlierever  and  whenever  considerations  of  economy  and  desira- 
bility may  reiiuire  it.     The  functions  of  the  new  Department,  when  created,  will  be 


596  LEGISLATIVE    HISTOEY 

chiefly  the  gathering  and  dissemination  of  statistical  and  other  information  that  may 
advise  tlie  people  of  the  country  respecting  the  condition  of  commerce  and  labor  in 
their  various  relations,  and  suggesting  metlioils  by  which  their  interests  may  be  pro- 
moted. The  Department  will  have  no  power  to  regulate  and  control  either  commerce 
or  lal)or.  Authority  is  conferred  l)y  the  Federal  Constitution  upon  Congress  to  reg- 
ulate interstate  and  foreign  commerce,  and  to  this  extent  the  Department  may 
administer  laws  enacted  T)y  Congress  that  bear  upon  this  class  of  commerce.  Beyond 
this  the  functions  of  the  Department  will  be  purel)' ministerial  and  advisory  in  their 
character. 

The  original  departments  of  the  Government  deal  with  essential  governmental 
functions.  The  executive  power  of  the  Government  is  primarily  vested  in  the  Presi- 
dent, and  to  enable  him  to  satisfactorily  administer  that  power  various  departments 
have  from  time  to  time  been  created.  Until  the  Department  of  Agriculture  was 
established  every  administrative  department  of  the  Government  whose  chief  officer 
was  honored  with  a  seat  in  the  council  of  the  President's  advisers  was  created 
expressly  to  assist  the  President  in  executing  powers  of  government  that  were 
imposed  upon  him  Vjy  the  Federal  Constitution.  The  Secretary  of  State  conducts 
diplomatic  negotiations  and  has  control  of  general  intercourse  with  foreign  nations; 
the  Secretary  of  the  Treasury  collects  the  revenues  and  conducts  the  fiscal  operations 
of  the  Government;  the  Secretaries  of  War  and  Navy  have  to  do  with  matters  of 
public  defense  and  the  control  of  general  military  operations;  the  Attorney-General 
is  at  the  head  of  the  legal  department;  the  Postmaster-General  administers  the  vast 
and  complicated  postal  sj'stem  of  the  Government;  and  the  Secretary  of  the  Interior 
administers  public  lands,  pensions,  patents,  and  relations  with  the  Indian  tribes. 

All  of  these  functions  are  inherently  governmental,  and  the  i^ropriety  of  distribu- 
ting them  among  the  several  departments  and  of  making  the  heads  of  the  respective 
departments  mendiers  of  the  President's  Cabinet  is  natural  and  obvious.  If  the 
President  shall  successfully  administer  the  vast  interests  that  pertain  to  the  executive 
branch  of  the  Federal  Government,  it  is  V)ut  natural  that  heads  of  departments  hav- 
ing control  of  these  several  branches  of  administrative  service  should  meet  with  him 
and  impart  information  respecting  their  condition  and  needs. 

The  first  dei^arture  from  the  logical  arrangement  of  the  executive  business  of  the 
Government  was  in  the  creation  of  the  Agricultural  Department.  The  Federal  Gov- 
ernment has  no  authority  over  the  subject  of  agriculture  at  all,  and  the  Secretary  of 
that  important  De])artment  can  not  be  presumed  to  supply  the  President  with  infor- 
mation in  relation  to  the  duties  imposed  u^ion  the  Chief  Magistrate  by  the  Federal 
Constitution,  because  agriculture  is  not  one  of  those  duties. 

The  importance,  however,  of  the  agricultural  interests  became  so  great,  and  the  fact 
that  agriculture  is  generally  known  to  be  the  bedrock  of  civilization,  were  sufficient 
to  justify  Congress  in  elevating  the  Bureau  of  Agriculture  to  the  dignity  of  a  Depart- 
ment and  making  the  head  of  that  Department  eligible  to  admission  into  the  Presi- 
dent's council  of  advisers.  But  this  action  of  Congress  did  not  and  could  not  change 
or  add  to  the  ])owers  of  the  Chief  Executive. 

Following  the  precedent  of  the  Agricultural  Departmc^nt,  it  is  now  proposed  to 
create  a  Department  of  Commerce  and  Industry,  placing  it,  as  far  as  it  can  be  j)laced 
by  legislation,  upon  the  same  footing,  in  relation  to  dignity  and  authority,  as  the 
other  great  Departments  of  Government.  Its  duties  are  not  governmental.  Com- 
merce during  all  time  has  been,  and  probably  for  many  generations  in  the  future  will 
continue  to  be,  the  subject  of  purely  private  enterprise,  but  the  transcendent  impor- 
tance of  commerce  and  labor  in  relation  to  the  welfare  and  advancement  of  civilization 
make  these  subjects  worthy  of  the  high  consideration  they  will  receive  in  the  creation 
of  an  independent  department  dedicated  to  their  promotion. 

It  is  of  great  importance  to  the  country  to  have  accurate  information  respecting 
conditions  and  methods  of  connnerce,  not  only  here  but  in  other  lands,  and  also  to 
know  of  the  true  interests  and  relations  of  labor  in  the  numerous  productive  activi- 
ties of  the  country.  It  is  expected  that  the  new  Department  will  gather  and  dis- 
seminate all  the  information  that  can  begotten  in  relation  to  these  highly  important 
subjects.  This  information  will  be  of  incalculable  valu.e  to  individuals  and  private 
enterprises  in  suggesting  improvements  of  methods  of  production  and  better  condi- 
tions of  life.  It  may  also  be  made  the  basis  of  information  necessary  to  intelligent 
legislation  upon  the  ])art  of  Congress  and  the  several  States.  I  am  in  favor  of  creat- 
ing the  new  Department  ami  believe  if  it  is  properly  organized  and  administered  it 
will  many  times  re]>ay  the  cost  of  its  establishment  and  maintenance. 

P>ut,  as  I  said  at  the  outset,  the- functions  of  the  Department  will  be  chiefly  in  the 
gathering  and  the  distril)ution  of  statistical  information,  and  it  ought  to  be  so  organ- 
ized and  conducted  as  to  supply  such  information,  not  only  for  the  people  of  the 
country,  but  for  the  use  of  all  of  the  other  departments  of  the  Ciovernment,  as  far  as 


,     lkgislativ't:  ittstoky  597 

it  is  possible  to  do  so.  Every  statistieal  bureau,  ofiiee,  and  division  in  all  of  the 
departments  should  beinclndeil  in  tlu'  Dejjartnu'nt  of  C"oniniereean<l  Labor,  in  order 
.  that  tills  u;reat  wurk  may  l)e  eondueted  seientilii-illy  and  in  a  busincsslikf  manner. 
One  general  statistu'al  bun-au,  with  a  competent  chief  and  a  suliicient  number  of 
statistical  expert."*,  Avith  a  trained  corps  of  assistants  and  a  suliicient  number  of 
ministerial  ollicers,  can  more  eHiciently  and  economically  gatiier  and  disseminate 
statistics  than  if  tlie  worlv  siiall  be  api)ortioned  among  ten  or  a  dozen  bureavis  and 
ottices  .scattered  around  among  the  various  departments  of  tlie  Oovernment,  each 
acting  independent  of  the  others. 

Tlu're  are  now  nine  different  bureaus  and  otiices  for  Avhicii  ai)proiiriations  are 
made  I'xiressly  for  the  i)ur}>ose  of  collecting  and  distrilmting  statistical  data,  each 
one  jtresided  over  l)y  a  high-.>;alaried  (-hii'f  and  an  etiicient  and  highly-trained  corjis 
of  staff  otlicers.  One  such  organization  ought  to  1)e  suliicient  for  tlie  entire  worlc. 
I  refer  now  to  statistics  for  general  use  and  those  that  may  be  used  l)v  the  several 
departments  of  Government  in  administering  their  functtons.  I  adiiiit  that  stati.s- 
tical  information  resi)ecting  tlie  administration  of  some  of  the  subdivisions  of  the 
departnu'uts  that  is  of  peculiar  value  to  those  departments  can  better  be  collected  by 
the  departments  themsehes  in  some  instances  than  by  a  general  bureau,  but  in  most 
instaui'es  there  is  no  need  for  more  than  one  bureau  -with  a  chief  and  staff  of  experts 
for  tlie  collection  of  statistics. 

Under  existing  conditions  the  work  of  collecting  and  distributing  statistics  is  dupli- 
cated and  reduplicated,  as  liigh  as  four  times  in  some  instances,  and  lumdreds  of 
thousands  of  dollars  are  wa.«ted  every  year  by  such  iinnecessary  work.  It  is  the 
natural  tendency  of  every  department  to  enlarge,  ramify,  and  extend  its  functions  so 
as  to  make  itself  as  ni'ariy  independent  of  all  other  de])artments  as  possible,  and  to 
this  end  a  department  which  may  require  statistical  information,  instead  of  going  to 
a  statistical  bureau  for  it,  organizes  a  division  of  its  own,  and  employs  a  corps  of 
clerks  to  <'ollect  the  information.  If  thtre  were  one  statistical  bureau,  ijropcrly 
eiiuijiped  to  enter  upon  all  general  Ileitis  of  statistical  and  scientific  research  and 
investigation,  charged  witii  the  duty  of  supjdying  all  the  other  departments  with 
such  information  as  uiay  be  necessary  to  enal)le  them  to  administer  their  several 
functions,  it  would  be  a  long  step  toward  sim])lifying  and  putting  upon  a  common- 
sen.se  basis  the  administration  of  the  Government. 

The  pending  liill  proposes  to  include  within  the  Department  of  Commerce  and 
Labor  the  Census  Office,  the  Bureau  of  Statistics,  and  several  other  offices  whose 
duty  is  chielly  the  collection  and  distribution  of  statistical  information.  It  does  not 
include  the  Bureau  of  Education.  I  am  unable  to  understand  why  this  Bureau  was 
omitted.  Its  work  is  peculiarly  statistical.  That  Bureau  has  no  authority  over  the 
schools  of  the  country.  It  has  no  power  to  regulate  or  control  their  work,  but  can 
only  collect  useful  information  to  be  distributed  throughout  the  country  for  the 
information  of  those  engaged  in  school  work  generally.  There  is  no  occasion  for 
maintaining  an  independent  bureau  for  that  work  under  the  control  of  a  high-salaried 
chief  with  a  corps  of  expert  assistants.'  It  could  as  well  be  included  in  the  Census 
Office — since  that  office  has  been  made  permanent — as  a  division,  without  in  any 
re.spect  impairing  its  usefulness,  and  a  great  saving  would  thus  be  accomplished.  I 
would  insist  upon  an  amendment  to  the  measure,  including  that  Bureau,  if  it  were 
not  that  authority  is  expressly  conferred  upon  the  President  to  transfer  from  other 
departments  bureaus  and  ottices  engaged  in  statistical  work,  wherever  he  deems  it 
for  the  public  interest  to  do  so.  I  sincerely  hoi)e  and  believe  that  at  an  early  date 
the  Educational  Bureau  will  be  transferred  to  the  Department  of  Commerce  and 
Labor. 

During  the  last  session  of  Congress  the  Census  Office  was  made  permanent  with 
the  expectation  that  it  should  become  the  chief  bureau  for  the  collection  and  dissem- 
ination of  statistical  information  for  the  entire  Government.  It  was  thought  wise  t(j 
make  it  a  i)ermanent  institution,  and  from  time  to  time  chai'ge  it  with  the  dutj*  of 
making  investigations  relating  to  the  activities  of  the  country  with  this  end  in  view. 
It  was  urged  in  sui)])ort  of  the  bill  making  that  office  a  i)ermanent  bureau  that  in  the 
course  of  time  a  sufficient  force  of  trained  experts  and  clerks  would  so  systemize  and 
perfect  the  methods  of  collecting  statistics  that  more  reliable  and  trustworthy  infor- 
mation could  l)e  obtained. 

Mr.  SnACKLEFt)iU).  Could  not  that  work  be  done  now  by  referring  it  to  the  Census 
Bureau  as  established  at  the  last  session,  leaving  that  Bureau  just  where  it  is? 

!Mr.  CurMPACKEK.  The  object  of  making  the  Census  Office  a  permanent  bureau  was 
principally  to  create  one  bureau  for  the  collection  of  statistics,  with  the  exi)ectation 
that  all  statistical  work  would  ultimately  be  transferred  to  that  office. 
,    Mr.  Shackleforu.  Could  not  this  business  be  all  put  in  that  Bureau? 

Mr.  CRr.MPACKER.  It  can  all  be  ])ut  in  control  of  that  Bureau,  provided  thi'  amend- 
ment to  which  I  have  referred  shall  be  adopted.     The  bill  as  it  now  stands  transfers 


598  LEGISLATIVE    HISTOEY 

the  Bureau  of  Statistics,  the  Census  Office,  and  several  other  statistical  bureaus  into 
the  Dei)artuient  of  Commerce  and  Labor  with  their  functions  and  organization  unim- 
paired, and  it  provides  that  these  several  bureaus  sliall  continue  to  ju-rfoi'm  the 
duties  respectively  imposed  upon  thenr  by  existing  law.  There  is  no  authority  in 
the  bill  for  the  elimination  of  a  single  one  of  these  statistical  bureaus,  but,  on  the 
other  hand,  the  bill  exjiressly  makes  them  administrative  units  in  the  new  Depart- 
ment and  continues  them  in  existence  as  they  are  to-day. 

The  effect  of  the  pending  amendment  will  be  to  authorize  the  Secretary  of  the 
Department  of  Commerce  and  Labor  to  reorganize  that  branch  of  the  service  and  to 
merge  and  consolidate  all  of  the  statistical  bureaus  into  one  and  thus  dispense  with 
a  number  of  unnecessary  organizations.  A  Department  of  the  magnitude  of  the  one 
about  to  be  created  will  necessarily  be  very  imperfect  at  the  l)eginning.  It  will 
require  time  and  experience  to  coordinate  the  several  administrative  units  that  are 
included  in  it,  and  to  reduce  its  work  to  a  business  basis.  It  is  necessary  that  the 
pending  amendment  be  psfssed  in  order  that  the  methods  of  administration  may  be 
perfected  and  cheapened. 

But  to  recur  to  the  question  of  reduplication,  the  Geological  Survey  and  the  Census 
Office  are  engaged  at  this  time  in  securing  statistics  in  relation  to  mines  and  mining 
of  identically  the  same  character.  Under  the  law  the  Census  Office  is  charged  with 
collecting  and  distributing  \  lese  statistics.  A  like  duty  is  imposed  upon  the  Geological 
Survey.  So  each  of  these  bureaus  is  sending  special  agents  into  the  country  to  the 
same  localities  for  the  purpose  of  securing  identically  the  same  information  to  trans- 
mit to  their  resjiective  offices,  which  will  be  classified,  tabulated,  and  ])ublished  in 
independent  reports  by  these  two  bureaus.  There  is  duplication  of  work  between 
the  Census  Office  and  the  Commissioner  of  Navigation  and  the  Bureau  of  Statistics 
in  the  Treasury  Department,  the  Chief  of  Engineers  of  the  Ignited  States  Army,  the 
Division  of  Statistics  in  the  Agricultural  Department,  the  Department  of  Labor,  the 
Bureau  of  Education,  and  the  Bureau  of  Public  Health  and  ]\Iarine-Hospital  Service. 
There  is  duplication  in  the  work  of  these  several  bureaus  to  such  an  extent  that  the 
same  information  is  collected,  published,  and  disseminated  in  some  instances  by  four 
separate  offices,  each  operated  independently  of  the  others. 

In  many  res])ects  the  methods  of  collecting  and  tabulating  the  information  are  dif- 
ferent, antl  it  leads  to  confusion  and  uncertainty.  In  other  instances  there  are  vast 
discrepancies  in  the  statistics  collected  by  these  several  agencies,  acting  independ- 
ently as  they  do.  The  whole  situation  illustrates  the  utter  want  of  business  methods 
in  this  branch  of  administration. 

The  Census  Office,  under  the  law  of  1899,  was  required  to  collect  and  report  the 
crop  statistics  of  the  country  for  the  year  1899,  which  it  did.  The  Statistical  Divi- 
sion of  the  Department  of  Agriculture  is  engaged  in  collecting  and  distributing  crop 
statistics  every  year. 

For  the  year  1899  there  were  vast  discrepancies  in  the  reports  of  those  two  bureaus. 
For  instance,  the  Statistical  Division  of  the  Agricultural  Department  showed 
588,296,276  bushels  of  corn  less  than  the  quantity  shown  by  the  Census  Office, 
147,211,375  less  bushels  of  oats  than  were  shown  by  the  reports  of  the  Census  Office, 
111,230,252  bushels  of  wheat  less  than  the  amount  shown  by  the  Census  Office, 
27,355,543  less  tons  of  hay  and  borage  than  were  shown  by  the  reports  of  the  Census 
Office.  These  are  a  few  of  the  most  glaring  discrejiancies  in  the  reports  of  the  statis- 
tical offices.  They  are  such  as  to  discredit  in  a  large  degree  the  result  of  the  whole 
system.  The  idea  that  a  difference  of  nearly  600,000,000  bushels  of  corn  produced 
in  the  country  in  a  single  year  shown  by  the  official  reports  of  two  statistical  bureaus 
is  certainly  not  to  l)e  reconciled  with  anything  like  respectable  administration. 
These  discrepancies  give  rise  to  controversies  and  friction  among  the  several  statis- 
tical offices. 

The  Census  Office,  having  been  made  permanent,  is  naturally  the  agency  by  which 
statistics  can  best  be  collected  and  distributed  for  the  whole  Government.  It  is  one 
of  the  very  best  organized  Bureaus  connected  with  the  Government.  The  work  of 
that  office  in  taking  the  Twelfth  Census,  in  relation  to  all  that  goes  to  make  a  census 
valuable,  has  never  l)een  equaled  in  the  history  of  the  country.  It  was  organized  by 
one  whose  capacity  for  executive  work  is  acknowledged  by  all,  and  it  is  now  composed 
of  trained  and  skilled  statisticians  and  experts,  and  with  but  little,  if  any,  addition 
to  its  force,  it  can  easily  collect,  classify,  and  distribute  all  of  the  statistics  that  may 
be  required. 

The  other  offices,  in  my  judgment,  should  be  merged  into  the  Census  Office.  This 
is  the  logical  thing  to  do,  and  it  will  disi)ense  with  a  number  of  Bureaus  with  liigh- 
salaried  cliiefs,  avoid  a  duplication  of  work  and  the  publication  of  numerous  reports 
containing  the  same  matter,  and  thereby  save  hundreds  of  thousands  of  dollars  to  the 
Government  and  greatly  simplify  and  facilitate  the  statistical  methods  of  the 
Government. 


LEGISLATIVE    HISTORY 


599 


I  will  append  to  my  remarks  tables  and  ilocunuiits  showiufj;  tlir  iitiinl)er  of  statis- 
tical hnrenus  and  ollices  now  enii:atj;e(l  in  that  work,  rxtrarts  Inini  lawK  showinfj;  in 
part  tlnplicatitins  of  the  work,  tlu'  dnplication  of  reports,  and  a  tal>l(^  siiowin;,'' ilis- 
i-repaneies  lu'twi'en  the  Statistical  Division  of  tlie  A<,n-icnltui-al  iK'partment  and  the 
Census  Ollice  in  relation  to  their  cnn)  reports  for  the  year  lS9i). 


Estimate  of  appropriations  for  tlie  fmyil  ijcar  finVnig  Jiinr  oO,  1904 


Ofticos,  bureaus,  etc. 


Officials 
and  em- 
ployees. 


Amount. 


Census  Office 

Bureau  of  Statist  its  (Treasm-y  Department) 

Bureau  of  Navigation  (Treasury  Department) 

Department  of  Lalxir 

Bureau  of  Statistics  (  AKiicultnral  Department) 

Collecting  agricultural  statistics 

Report  on  Mineral  Resources  ((ieological  Survey) 

Bureau  of  Education 

Bureau  of  Foreign  Commerce 

Public  Health  and  Marine-Hospital  Service,  statistical  branch  (Treasury 
Department) 


661 

48 
21 
80 

33 
43 
0 


SI, 178, 060 

a  73, 350 

26, 480 

1S4,220 

''40,900 

l>  109, 200 

50, 000 

52, 940 

8, 000 

4,000 


Total. 


970 


1, 733, 810 


a  Includes  §11,000  for  the  collection  of  facts  relative  to  internal  and  foreign  commerce  of  the  United 
States  and  the  collection  and  compilation  of  statistics  of  the  foreign  commerce  and  productions  of 
Porto  Rico  and  the  Philippine  Islands  i^rior  to  1.S9.S. 

b  X  total  of  75  employees  and  glo6,160  for  statistics  of  the  Agricultural  Department. 

Dei'i.iCATioN  .\s  Shown  by  the  L.\ws. 

As  shown  by  tlic  following  quotations  from  the  laws  establishing  these  bureaus,  there  is  necessarily 
a  duplication  in  their  work  if  the  provisions  of  the  law  are  complied  with. 

MINES   AND   MINING. 

Gcoloijiral  Survey. 

"Procuring  of  statistics  in  relation  to  mines  and  mining  other  than  gold  and  silver." 

Census  Office. 

"  To  collect  statistics  relating  to  *  *  *  amines,  mining,  quarries,  and  minerals  *  *  *  includ- 
ing gold  and  silver." 

Director  of  the  Mint. 

"  For  the  collection  of  statistics  relative  to  the  annual  pro<luction  ami  consumption  of  (he  precious 
metals  of  the  United  Stati's." 

AGRICUI.TURAI,  STATISTICS. 

Division  of  Statistics,  AijriciiJtiirnl  J>rjinrtmeiit 

"  Collecting  domestic  and  foreign  agricultural  statistics." 

Census  Office. 

"  .\.  census  of  the  agricultural  products." 

"  Collect  the  statistics  of  the  cotton  production  of  the  country." 

"Any  additional  special  collection  of  statistics  relating  to  agriculture  *  *  *  ilmt  may  be 
required  by  Congress." 

MANIIKACTIIRES. 

Dejxirtnu  III  of  Jjilior. 

"To  compile  *  *  *  an  abstract  of  the  main  features  of  the  official  statistics  of  cities  of  the 
l'iiitc<l  Slates  having  over  30.000  population." 

•  To  establish  a  system  of  reports  bv  which  *  *  *  he  can  report  the  general  condition,  so  far  as 
production  is  concerned,  of  the  leadiiig  industries  of  the  country." 

"And  such  other  facts  as  may  be  deemed  of  value  to  the  industrial  interests  of  the  country." 


GOO 


LEGISLATIVE    HISTORY 

C'cn^U)-  Oflice. 


"To  collect  statistics  of  manufactures"  at  five-year  i)eiioils. 
"Social  statistics  of  cities." 

Bureau  of  Statistics,  Treasunj  Department. 

"And  such  other  statistics  relative  to  the  trade  and  industry  of  the  country." 

"And  arrange  for  tlie  use  of  Congress  the  statistics  of  the  manufactures  of  the  United  States,  their 

localities,  sources  of  raw  material,  markets,  exchanges  witli  the  producing  regions  of  tlie  country, 

transportation  of  products,  wages." 

Census  Office. 

Collects   and  publishes    statistics  concerning  wages,   manufactures,   agricultural  products,   and 
arranges  them  in  a  convenient  form  for  jiublication. 

FREIGHT   RATES. 

Interstate  Commerce  Commission. 

"Such  reports  .sliall  also  contain  information  in  relation  to  rates  or  regulations  concerning  fares  or 
freights." 
"  Schedules  furnished  by  common  carriers  shall  show  rates,  fares,  and  charges." 

Division  of  Statistics,  Aririciiltura!  Department.' 

"The  freight  charges  for  (he  chief  agricultural  products  ujion  the  principal  lines  of  railroads." 

Trnnsportallon  by  water — Conijxirlsons,  United  Slates  cei)sns  and  ■pitblicetHons  of  Connnis- 
sioner  of  Navigation,  Bureau  nf  iSteitistic.'i,  Treatfivnj  Department,  and  Chief  of  En(ji- 
neers,  United  States  Army. 


United  States  census. 


Commissioner  of  Navi- 
gation. 


Bureau    of    Statistics, 
Treasury  Department. 


Chief  of  Engineers,  U.  S. 
Army. 


Vessels,  number,  kind, 
and  tonnage. 

Geographical  distribu- 
tion witli  construction 
during  year,  and 
whether  in  foreign  or 
coastwise  trade. 

Number  of  seamen. 

Crews  of  Great  Lakes 
steamers. 

Division  of  labor. 

Average  wages. 

Total  wages. 

Average  tonnage  inider 
foreign  flags. 

Capital  invested. 

Cost  of  operation. 

Milc'S  traversed. 

Total  income. 

Commerce  on  the  Great 
Lakes,  kind  and  quan- 
tity. 

Coastwise  receipts  and 
shipments. 

Appropriations  and  ex- 
l)enaitures  for  water- 
ways. 

Statistics  of  canals. 


Vessels,  number,  kind, 
and  tonnage. 

Geographical  distribu- 
tion, with  construc- 
tion during  year,  and 
whether  in  foreign  or 
coastwise  trade. 

Number  of  seamen. 

Crews  of  Great  Lakes 
steamers. 

Division  of  labor. 

Nationality  of  men. 

Average  wages. 

Age  of  seamen. 

American  tonnage  ini- 
der foreign  flags. 

Average  freight  rates. 

American  steamship  re- 
l)0rts. 


Coastwise  commerce  on 
the  Great  Lakes,  kind 
and  quantity,  by 
months. 

Clearances  and  arrivals 
by  ports  and  tonnage. 

Coastwise      shipments 

and  receipts  at  vari- 

.  ous  leading  ports,  by 

kind  and  quantities. 

Coastwise  coal  ship- 
ments from  New 
York,  Philadelphia, 
and  Baltimore. 

Kailroad-tie  shipments 
from  Brunswick,  Ga. 

Shipments  from  south- 
ern ports  of  specified 
kinds. 

Shipments  of  flour  and 
grain  from  New  Or- 
leans and  Galveston. 

Texas  petroleum  ship- 
ments. 

riiosphate  shipments 
to  domestic  and  for- 
eign designations. 


Appropriations  and  ex- 
penditures for  water- 
ways. 

CommerceofOhioRiver, 
name  of  boat,  termi- 
nal point,  tons  of 
freight,  passengers. 

Freiglit  and  passengers 
through  Portage  Lake 
and  Lake  Superior  ca- 
nals. 

Commercial  statistics  of 
American  and  Clana- 
dian  canals  at  Sault 
Ste.  Marie. 

Similar  statistics  for 
many  parts  of  the 
United  States. 


LEGISLATIVE    HISTORY 


0)01 


Ai/rlntltiirr — ('i»i)]>ar!KO)i  of  United  St(tfe>t  census  and  puhlimlions  of  tlie  DIrision  of 
Slaiistics,  Department  uj'  Agricidtuvc. 


United  States  ceiisas. 


NmnlHT,  location,  size,  and 
value  of  farms. 

Farms  classiiifd  by  area,  in- 
come, value  of  ]>r<Kluets, 
tenure,  and  color  and  race 
of  farmer. 

Value  of  all  kinds  of  farm 
)iroducts:  numlier  an<l 
value  of  all  kinds  of  furni 
animals. 

Farm  labor  and  wages. 

Farm  machinery. 

Series  of  reports  of  cotton 
production  from  returns 
of  giuners. 


Divisitm  of  Statistics,  Department  of  Agriculture. 


"No  iiniiorlant  clianfje  in  the  crop-reiiortins  system  will  l)e  recom- 
mended \iiitil  the  aiiproncliinK  Federal  census  sliall  liave  fiirnislied 
the  l>epartiiient  witli  a  new  and  delinite  statistical  ba.sis  as  to  the 
distril>ution  of  crop  areas."     (P.  51,  Yearbook,  IS'.iy.) 

*  *  *  "Such  a  statistical  basis  as  is  furnishtd  by  the  census  Ix-ing 
iudispeiisalde  to  anv  jirojier  svstem  of  crop  reporting."  (P.  73,  Year- 
hook,  lyiK)  [as  to  Hawaii  and  Porto  Kico]. ) 

"  Information  as  to  the  condition,  prospects,  and  harvests  of  the  prin- 
cipal crops,  and  of  tlie  nunilters,  condition,  and  vahies  of  farm  ani- 
mals, tlirough  scj)aratc  cori)s  of  county,  townsliip,  and  cotton 
correspondents  and  individual  farmers,  and  through  State  agents, 
each  of  wliom  is  assisted  l)v  a  corps  of  local  rejiortcrs  throughout 
the  State."     (P.  C.CiS,  Yearbook,  IS'.t'.);  and  also  of  otlier  years.) 

"It  collects,  tabulates,  and  ]iul)lislifs  statistics  of  ngricul'lural  produc- 
tion, distribution,  and  C()ns\nnption  tliat  authorized  data  fif  govern- 
ments, institutes,  societies,  boardsof  trade,  and  indiviclual  exi)erts," 
(P.  i'm.  Yearbook,  1899;  and  also  of  other  years.) 

"It  issues  a  monthly  crop  report."  *  *  *  (P.  6G8,  Yearbook,  1899; 
and  also  of  otlier  years.) 

-Vcreage,  jiroductioii,  value,  and  distribution  of  farm  croj)s,  by  States. 
Estimate  of  the  cotton  crop,  by  States  and  Territories. 

Monthly  report  of  estimated  condition  of  growing  cotton  crop. 

December  report  of  estimated  probable  production  of  cotton  for  the 
year. 


PiibUcaflons  of  different    hnreatis  containing  a  reproduction  or  pofiiitd  r(jn-odi(clio)i  of 

other  reports. 


Bureau  of  Statistics, 
Treasury  Depart- 
ment. 


Commissionerof  Nav- 
igation, Treasury 
Department. 


Geological  Survey. 


Division  of  Statistics,  Depart- 
ment of  Agriculture. 


"The  statistics  *  *  * 
to  an  increasing  e.x- 
tent  from  oiticial  re- 
ports made  by  this 
and  other  divisions 
of  the  public  serv- 
ice." (P.  1017,  Sum- 
mary, October,  1902.) 

Chief "  of  Engineers, 
U.  S.  A. 

Uiuted  States  Commis- 
sion of  Fish  and 
Fisheries. 

Treasurer  of  the 
United  States. 

Comptroller  of  the 
Currency. 

Director  f>f  the  Mint. 

I)ivisi07iof  Insular  Af- 
fairs, War  Depart- 
ment. 


Bureau  of  Statistics, 
Treasury  Depart- 
ment. 

United  States  Census. 

United  States  Hydro- 
graphic  Office, Navy 
Department. 

Revenue-Cutter  Serv- 
ice. 

Light-House  Board. 


United  States  Census. 

Bureau  of  Statistics, 
Treasury  Depart- 
ment. 

Commissionerof  Nav- 
igation. 

Director  of  the  Mint. 

United  States  Engi- 
neers. 


United  States  Census. 

Commissioner  of  General 
Land  Office. 

Bureau  of  Foreign  Commerce, 
State  Department. 

"Tables  showing  the  acreage 
and  i)roduction  of  ])otatoes, 
hay,  and  cotton  in  1901,  left 
blank  in  tliis  book,  and  the 
number  and  value  of  farm 
animals  on  January  1,1901, 
and  1902,  not  given  now, 
will  shortly  be  published  in 
circular  form.  Their  non- 
appearance in  the  present 
Yearbook  is  due  to  the  fact 
that  that  revision  of  the 
Department's  estimates 
which  usually  follows  upon 
the  iMiljlication  of  the  re- 
ports of  the  decennial  cen- 
sus, and  which  has  Ijeen 
made  in  the  case  of  cereals, 
could  not  be  completed  in 
time  for  the  Y'earbook  with- 
out unduly  delaying  its 
publication."  (Note  on  p. 
740,  Y'earbook,  1901.) 


602  LEGISLATIVE    HISTORY 

Com])tirlxo)iii  (if  U)iil('<J  St((tes  Crii.sns  cmd  /)iihl!c<iti(iiis  of  J)epftrtmcui  of  Ldhor. 


United  States  Census. 


Social  statistics  of  cities. 

Industrial  condjinations. 

INIanufaeture  (if  j<as. 

Electric  light  and  power  plants. 

Special  inquiry  concerning  street  rail- 
ways. 

Special  report  on  glass. 

Special  report  on  inm  and  steel. 

Siiecial  reixivt  on  textiles. 

All  fiiur  volumes  of  manufactures. 

Special  report  on  rates  of  wages. 

Special  inquiry  concerning  ndnes  and 
quarries. 


Department  of  Labor. 


Statistics  of  cities. 

Industrial  combinations. 

Water,  gas,  and  electricdight  plants. 

Convict  labor. 

Railroad  labor. 

Cost  of  production  of  textiles  and  glass. 

Cost  of  production  of  iron  and  steel  and  the  materials  of 

which  iron  is  made. 
Work  and  wages  of  men,  women,  and  children. 
Rates  of  wages  and  hours  of  labor  in  commercial  countries 

(compilation  of  Department  ligures  and  data  from  reports 

of  labor  bureaus  and  other  official  sources). 
The  Alaskan  gold  fields. 


Mines  and  quarrie!< — Comparisons  of  United  State 

Survey. 


CensKs  and  pahUcations  of  (leologicnl 


United  States  Census. 


Character  of  organization. 

Capital  stock,  bonds,  and  dividends. 

Persons  employed,  above  and  below  ground. 

Total  paid  in  wages  or  .salaries. 

Number  of  employees  at  si>ecified  daily  rates  of 

pay. 
Average  number.  '' 

Time  in  operation. 
Contract  work. 

Total  co.st  of  materials  and  supplies. 
Miscellaneous  expenses. 
Total  quantity  mined. 
Power  ownc<l  or  rented. 
Classilication,  quantities,  and  value  of  products, 

same  as  Geological  Survey. 
Special  reports  on  petroleum,  coke,  clay  products, 

and  salt. 


Geological  Survey. 


Total  quantity  prodiiced. 

Total  value. 

Number  of  mines. 

Tons  of  coal  shipped. 

Coal  sold  to  local  trade  or  used  by  employees. 

Used  at  mine  for  steam  and  heat. 

Made  into  coke. 

Number  and  kind  of  machines  and  lirms  using 

machine-mined  coal. 
Average  price  of  coal  per  ton. 
Average  number  of  days  active. 
Average  number  of  employees. 
Coal  mined  by  counties. 
For  most  all  other  minerals  only  ijuautity  and 

value. 
Classification,  quantities,  and  values  of  products, 

same  as  Census  Office. 
Statistics  of  petroleum,  coke,  clay  products,  and 

salt. 


Vifid  stdtisfirs — Comparisons  of  United  States  Census  Office  and  jmblicatioiis  of  the  Public 
Health  and  Marine-Hospital  Service,  Treasury  Departvieid. 


United  States  Census. 


Public  Healtli  and  Marine-Hospital  Service. 


Number  of  births,  by  States,  color,  and 

parentage. 
Number  of  deaths,  by  locality,  age,  sex, 

.occupations;  percentage  and  cause. 
Annual  reports  of  vital  statistics  to  be 

made  under  census  act. 


Reports  of  deaths  in  States  and  cities  with  number  by  con- 
tagious diseases. 

Weekly  mortality  table  for  cities  of  United  States,  statistics 
for  which  are  returned  on  schedules  sent  out  for  the  pur- 
pose. 

Special  statistical  treatment  of  smallpox,  plague,  cholera, 
and  other  contagious  and  infectious  diseases. 


JDeaf  and  blind — Comparisons  of  United  States  Census  iiith  publications  of  Bureau  of 

Education. 


United  States  Census. 


Sex,  age,  nativity,  occupation,  color, 
conjugal  condition  of  deaf,  and 
cause  of  deafness. 

Can  person  hear  with  tube,  trumpet, 
or  mechanical  appliance? 

Has  he  attended  or  does  he  now  attend 
school?  If  yes,  where?  Kind  of 
school,  if  .special,  to  be  specified;  if 
other,  write  "common  school," 
"high  school,"  etc. 

Substantially  the  same  for  the  blind. 


Bureau  of  Education. 


Statistics  of  State  institutions  for  the  education  of  the  deaf. 
Number  of  institutions  by  States  and  Territories. 
Instructors  by  sex. 
Methods  of   teaching — articulation;    auricular    perception; 

industrial  department. 
Number  of  pupils  by  sex  and  by  what  method  taught:  luim- 

ber  of  graduates. 
Volumes  in  library. 
Annual  cost  yier  capita. 
Value  of  scicntilic  apparatus. 
Value  of  grounds  and  buildings. 
ICxpenditiuxs  for  liuildiiigs  and  improvements. 
IvxiH/nilitures  for  su|i]iort. 

Statistics  of  public  and  private  schools  for  the  deaf. 
Statistics  of  the  blind,  substantially  the  same  as  for  deaf. 


LEGISLATIVK    HISTORY 


G(T3 


Compunilliy  KlKtli^tirn  of  Ihr  Cetisiutand  the  StntiMical  Dlrlslon  of  tin'  Fiiilrd  States  Ihjxivt- 

menl  of  Agriculture,  1S90. 


rnwliU'ts. 

Unit  of 
luoasure. 

Census. 

Afirieultural 
Department. 

Diffcrenee, 

using  eensus 

figures  as 

the  basis. 

Bushels... 
do.... 

119,634,877 

11,233,515 

2,666,440,279 

•19,534,707 

19, 979, 492 

('84,011,299 

49, 209, 704 

9 13, 3S9,  375 

273,  328, 207 

25, 508, 625 

793, 353 

<•  80S,  103, 275 

658, 534, 252 

73, 382, 000 

11,094,473 

2,078, 144,  OUO 

"  9, 142, 838 

20, 086, 000 

b  56, 055,  7.56 

42,354,000 

796, 178, 000 

228,783,232 

23,962,000 

794, 658 

•■868,163,275 

547,304,000 

-  40,252,877 

139,042 

do.... 

-.588, 296, 279 

CottDH          

Kales 

Bushels... 

Tons 

rounds... 
Bushels... 
do.. 

-        391,869 

Flaxseed 

Hay  ami  forui^e 

+        106,  .508 

-  27,355,543 

-  6,850,704 

Oais    

-147,211,375 

-  44,544,975 

-  1,606,625 
+           1,305 

do 

Tons 

rounds... 
Bushels... 

Wheat 

-111,230,252 

«  Comparison  made  in  commercial  bales. 

''The  Department  of  Agriculture  did  not  include  forage. 

•■  The  Department  of  Agriculture  used  figures  of  the  Censu 

Mr.  CrU-MPACKER.  Mr.  Chairman,  I  would  ask  if  there  ha«  been  an  order  luadi'  for 
the  extension  of  remarks  in  the  Record? 

Mr.  llEfiu  RX.  There  has  been  8Ui'h  an  order  made. 

Tlie  C'n.viuMAX.  I  am  informed  that  a  general  order  has  been  made  to  that  effect. 

jNIr.  Cki'mi'acker.  Then  I  will  avail  my.self  of  that  order  to  put  in  sliape  these 
various  tal)les  which  I  have. 

The  Cii.viR.MAN.  "Without  objection,  the  amendments  will  be  considered  together. 

There  was  no  objection. 

The  Chairman.  The  question  is  on  the  amendments  offered  by  the  gentleman 
from  Illinois. 

The  amendments  were  agreed  to. 

Mr.  CowHEKi).  ]\Ir.  Chairman,  I  offer  an  amendment  which  I  will  send  to  the  desk 
and  ask  to  have  read. 

The  Clerk  read  as  follows: 

Insert  in  line  18,  page  10,  after  the  word  "latter,"  the  following:  "The  Director  of  the  Census  to 
receive  a  salary  of  S4,000  per  annum." 

Mr.  ]\I.vNX.  ]Mr.  Chairman,  on  that  I  make  the  point  of  order. 

^Ir.  Cowherd.  I  supposed  the  gentleman  would  do  so.  I  desire  to  be  heard  on 
that,  Mr.  Chafrman,  if  the  gentleman  irom  Illinois  does  not  desire  to  discuss  his  point. 

The  CiiAiKM.\x.  Does  the  Chair  understand  that  the  gentleman  from  Illinois  reserves 
the  point  of  order? 

Mr.  Manx.  I  am  perfectly  willing  to  reserve  it. 

]\Ir.  Cowherd.  I  wish  to  be  heard  on  the  point  of  order. 

The  Cn.viRMAN.  The  Chair  will  hear  the  gentleman  from  Illinois. 

i\Ir.  ^[axx.  ^Ir.  Chairman,  I  take  it  that  that  amendment  is  not  germane  to  this 
bill.  The  only  reference  in  the  bill  to  the  Census  Office  is  to  transfer  the  Censiis 
Office  bodily  from  the  Interior  Department  to  the  proposed  new  Department.  It  is 
not  a  bill  fixing  salaries  or  regulating  sahiries  in  any  way  whatever  in  the  sense  it  is 
offered,  and  I  do  not  see  how  a  ])roposition  to  review  the  law  creating  the  Census 
Bureau  would  be  germane  to  a  bill  merely  proposing  to  transfer  an  entire  department 
from  one  executive  branch  of  the  Government  to  another. 

Mr.  CRi'MrACKER.  INIr.  Chairman,  I  would  suggest  an  additional  thought  on  that 
question.  This  bill  is  for  the  purpose  of  creating  a  Department  of  Commerce.  As 
was  said  l>y  the  gentleman  from  Illinois,  it  does  not  go  into  the  subject  of  revising 
salaries  at' all.  It  l)ecame  necessary  to  fix  the  salaries  for  the  new  offices  created, 
and  to  that  extent  it  deals  with  the  salary  question.  Beyond  that  it  does  not  go. 
Tlie  Census  Ofiice  is  incorporated  into  tlie  Department  of  Connnerce  with  its  func- 
tions and  organization  unimpaired.  The  salaries  are  fixed  by  an  independent  law, 
and  it  occurs  to  me  that  the  proposition  now  to  go  into  the  sul)jcctof  revising  salaries 
in  the  Census  Buri'au,  or  the  salary  of  the  Director  of  the  Census  or  any  of  the  offi- 
cers included  within  that  Bureau,  is  not  germane.  It  is  an  incidental  eul)ject.  As 
well  might  we  go  into  the  subject  of  fixing  the  salaries  of  thechiefsand  subordinates 
of  all  the  other  bureaus  that  are  tnuisferred  to  the  Department  of  Commerce  by  the 
force  of  this  bill.     The  idea  of  the  bill  is  first  to  create  a  Department  of  Commerce 


G04  LEGISLATIVE    HISTORY 

and  to  ])rovide  what  luireaus  shall  become  parta  of  that  Department  and,  second,  to 
define  the  functions  of  the  Department  and  these  respective  bureaus  included  therein 
and  to  create  salaries  siuiply  for  the  new  ofiicers  that  are  made  necessary  to  carry 
out  the  pur^iose  of  the  Ijill.  Therefore  the  sul)ject  of  amending  the  laws  and  fixing 
the  salaries  that  are  already  fixed,  it  appears  to  me,  is  clearly  out  of  order. 

Mr.  Cowherd.  Mr.  Chairman,  the  gentleman  must  imderstand  that  this  is  not 
a  general  appropriation  bill.  This  is  a  bill  creating  a  new  department.  This  is 
original  legislation. 

This  Ijill  takes  the  Census  Bm-eau  as  it  stands  now  and  transfers  it  to  this  Depart- 
ment and  puts  it  under  another  head.  And  they  might  add  other  official  duties  to 
that  Census  Bureau  by  that  bill,  or  they  might  take  them  away.  They  do  take 
them  away.  In  this  particular  bill  they  provide  for  a  bureau  that  shall  have  charge 
of  manufactures  and  the  gathering  of  manufacturing  statistics,  taking  it  directly 
away  from  the  Census  Bureau,'  as  it  stands  to-day.  They  jirovide  for  the  gathering 
of  statistics  in  regard  to  corporations.  That  is  done  in  part  by  the  Census  Bureau 
to-day.  Will  the  gentleman  pretend  to  say  that  they  will  come  here  with  a  bill  that 
creates  a  bureau,  regulates  it,  and  may  increase  it  or  diminish  it,  and  yet  that  jou 
can  not  fix  a  salary? 

This  bill  fixes  salaries.  It  fixes  the  salary  of  the  head  of  nearly  every  other 
bureau  in  that  Department  except  this  one  Bureau  of  the  Census,  and  it  does  not  fix 
that  salary  because  the  salary  is  already  so  high  that  they  know  they  can  not  fix  it 
any  higher. 

Now  this  is  on  the  point  of  order,  and  I  say  that  this  House  has  the  right  when 
this  bill  is  up  before  it,  and  this  proposition  for  original  legislation  is  up  before  it, 
that  the  majority  of  this  House  has  the  right  to  change,  alter,  or  amend  that  salary, 
or  any  part  of  that  census  law  affecting  his  duties,  in  any  way  it  pleases. 

The  Chairman  (Mr.  Lawrence).  This  is  a  bill  to  estaljlish  a  Department  of  Com- 
merce and  Labor.  It  is  not  a  general  appropriation  bill;  it  is  new  legislation.  It 
creates  new  offices  and  fixes  salaries.  It  transfers  certain  de])artments  and  certain 
officials  to  this  new  Department  of  Commerce.  In  section  12  it  gives  the  Secretary 
of  State  the  power  to  designate  a  certain  person  who  shall  perform  certain  duties,  and 
in  that  connection  gives  him  the  rank  and  salary  of  a  chief  of  a  bureau.  It  is  new 
legislation,  creates  new  oflicials,  creates  new  salaries,  and  the  Chair  is  of  the  opinion 
that  an  amendment  changing  the  salary  of  any  official  who  is  transferred  to  this 
IBureau  is  in  order.     The  Chair  therefore  overrules  the  point  of  order. 

Mr.  Cowherd.  Mr.  Chairman,  I  want  to  be  heard  just  for  a  moment  on  the  merits 
of  the  amendment.  As  I  have  said,  this  bill  creates  several  bureaus  in  this  Depart- 
ment, several  different  bureaus  of  statistics.  Toeachof  theseofficialsitgivtsasalary. 
Here  is  the  head  of  the  great  Bureau  of  Labor  transferred  to  this  new  Department  of 
Commerce.  That  Bureau  of  Labor  has  charge  of  possibly  the  most  important  matter, 
in  the  number  of  people  affected,  in  the  amount  involved  as  far  as  money  is  concerned, 
if  we  take  into  consideration  the  compensation  paid  for  labor.  The  head  of  thatgreat 
Bureau,  with  the  great  responsibility  imposed  upon  him,  is  given  $4,000  per  annum. 
Here  is  the  Bureau  of  Manufactures,  a  bureau  of  great  importance,  if  it  is  to  amount 
to  anything. 

]Mr.  Hepburn.  Do  I  understand  the  gentlemen  to  say  that  the  compensation  of  the 
Commissioner  of  Labor  is  $4,000? 

Mr.  Cowherd.  Four  thousand  dollars  or  $4,500,  I  do  not  remember  which. 

Mr.  Hepburn.  Is  it  not  $6,000? 

Mr.  Cowherd.  In  this  bill? 

Mr.  Hepburn.  No,  sir;  provided  for  by  law  and  not  changed  in  this  bill. 

Mr.  Cowherd.  1  understand  it  is  in  this  bill,  if  I  remember  rightly. 

Mr.  Hepburn.  Oh,  no. 

Mr.  Cowherd.  I  may  be  mistaken  -with  regard  to  that.  I  would  not  pretend  to 
the  familiarity  that  the  gentleman  has  with  the  bill? 

Mr.  Hepburn.  I  think  there  is  no  salary  fixed  in  this  bill,  excepting  for  the  new 
ofiicers. 

Mr.  Mann.  If  the  gentleman  will  pardon  me 

Mr.  Cowherd.  If  the  gentleman  says  that  is  true,  I  will  accept  his  statement, 
because  I  know  he  is  far  more  familiar  than  1  am  with  the  provisions  of  the  bill. 

Mr.  Mann.  The  salary  of  the  Commissioner  of  Labor  is  fixed  by  the  act  creating 
the  Department  of  Labor  at  $5,000,  and  that  salary  is  not  interfered  with. 

Mr.  Cowherd.  Then  that  salary  will  stand  at  $5,000  for  that  great  officer;  and  the 
man  who  has  charge  of  gathering  the  census  statistics,  a  large  part  of  which  are 
taken  away  from  him  in  this  bill,  is  to  get  $6,000.  If  gentlemen  want  to  support 
that  kind  of  discrimination  and  distinction 

Mr.  Little.  Against  labor. 


LEGISLATIVE    HISTORY  005 

Mr.  C'owiiKun.  A  distinction  aprainst  labor,  as  sugfjested  1iy  my  friend  on  my  left, 
whv,  tlicu,  they  can  do  it.  Hero  ia  tho  Bnroan  of  Insurance,  lint  that  I  believe  lias 
<r()iu>  out.  I  liTe  is  the  Huri'au  of  ]\huiufacturcs,  the  head  of  wliich  receives  tlu'salary 
of  ?4,()00.  Here  is  the  Bureau  of  Corporations  with  a  salary  of  $4,000.  1  do  not 
know  wiiat  others  are  included,  as  1  have  not  hail  opportunity  to  go  over  the  bill 
for  tlie  puri)0!-.:e  of  collating:  these  facts.     The  point  I  make 

Mr.  Mann.  There  is  nothing:  el.^^e. 

jMr.  CowiiKKU.  The  i)oint  1  make  is  this:  That  liere  are  all  these  <j;reat  bm-eans  in 
this  IViiartnieiit,  and  not  one  of  tiiem,  so  far  as  I  can  find,  has  the  salary  or  any- 
tiiiuir  like  tiie  salary  jj:iven  tiie  head  of  the  Census  Bureau.  Now,  wliat  reason  can 
be  friven  tiuit  this  oflicer  should  liave  so  nuich  greater  salary  than  any  other  head 
of  a  l)nrean? 

Mr.  JoNKS,  of  AVashington.  I  want  to  suggest  to  the  gentleman  tiiat  in  section  2  the 
Assistant  Secretary  gets  $5,000. 

Mr.  CownKRO.  I  was  looking  for  that.  I  was  looking  for  the  assistant's  salary 
created  and  provided  for  in  this  very  bill;  and  he  is  to  receive  a  salary  of  $5,000  as 
])rovide(l  in  section  2,  that  we  have  already  passed.  I  submit  to  the  House  tiiat  the 
House  in  creating  this  Deimrtment  can  not  afford  to  make  these  distinctions  in  the 
very  Deimrtment  itself.  There  never  was  a  good  reason  for  giving  the  liead  of  a 
liureau  $(),000.  It  is  unfair  to  all  the  otlier  heads  of  the  great  bureaus  of  tiiis  (iov- 
ernment,  and  we  can  not  correct  it  on  an  aiii>ropriation  bill.  We  know  we  will  never 
be  given  a  cluun'C  to  do  so  in  an  original  l)ill  brought  in  by  the  committee  in  charge 
of  the  Censu.s  Bureau;  and  therefore  let  us  take  the  opportunity  when  it  is  here  and 
make  the  jiroper  correction  in  this  salary.     [Applause.] 

Mr.  ^Iann.  The  gentleman  from  INIissouri  is  mistaken  in  the  last  statement  he 
makes,  because  it  is  in  the  power  of  Congress  at  any  time,  on  an  apjiropriation  bill, 
jiractically  to  reduce  the  amount  of  salary,  notwithstanding  what  the  law  may  pro- 
vide; an(i  we  remember  that  on  appropriation  bills  constantly  there  is  carried  a 
smaller  amount  of  salary  than  the  law  provides  shall  be  paid.  So  that  it  is  within 
tlie  })ower  of  Congress  at  any  time,  and  this  identical  question  was  raised  before  this 
House  less  than  a  month  ago  upon  the  legislative  appropriation  bill  by  the  same  gen- 
tleman who  raises  it  now.  We  have  not  proposed  in  this  bill  to  disturl)  or  rearrange 
a  salary.  It  is  not  the  province  of  the  committee  which  reports  tlie  bill  to  do  that. 
It  ought  not  to  l)e  the  duty  of  the  House  to  do  it  upon  the  consideration  of  this  bill. 
It  is  immaterial  to  me  what  the  salary  of  the  Director  of  the  Census  shall  be,  except 
so  far  as  may  be  proper  for  the  public  good.     This  is  not  the  time  or  ^ilace 

]\Ir.  Cowherd.   Will  the  gentleman  yield  to  me  for  a  question? 

Mr.  INIaxx.  Why,  certainly. 

Mr.  Cowherd.  I  understand  the  gentleman  says  that  I  made  the  motion  to  reduce 
the  salary  before,  and  it  was  held  good  on  an  appropriation  l)ill.  Now,  I  ask  the 
gentleman  if  it  is  not  a  fact  that  the  gentleman  from  Indiana,  an<l,  I  think,  the  gen- 
man  from  Illinois,  made  the  argument  that  even  if  on  an  appropriation  bill  you  did 
reduce  the  salary  in  making  the  appropriation,  that  the  party  still  under  the  law 
would  be  entitled  to  $6,000  and  could  go  into  the  Court  of  Claims  and  get  a  judgment 
for  it? 

Mr.  Mann.  If  the  gentleman  wants  my  recollection,  my  recollection  is  that  they 
di<l  not  make  that  argument. 

Mr.  CowTiEKD.  On  the  floor  of  this  House. 

Mr.  ]\Iann.  But  whether  they  did  or  not,  it  is  not  a  correct  statement.  Tliere  are 
jilenty  of  cases  upon  the  statute  books  now  where  an  appropriation  is  mado  f()r  less 
than  the  amount  provided  by  law  on  salaries,  and  on  every  one  of  tiie  ajipropriation 
bills,  and  the  ajipropriation  bill  wliich  we  were  considering,  it  is  provided  tliat  the 
gentleman  who  takes  the  salary  should  receive  it  in  full,  and  the  chairman  of  tho 
committee,  upon  the  gentleman's  motion,  decided  that  it  was  in  order.  So  that  tho 
gentleman's  contention  is  entirely  erroneous. 

Mr.  Cowherd.  The  gentleman  does  not  toucli  the  point.  He  decided  it  was  in 
onler  to  vote  a  less  amount  of  money  in  an  approi)riation  bill  to  pay  the  salary.  The 
point  made  was  that  you  can  not  change  the  existing  law,  whicli  fixed  the  salary  at 
that  amount,  on  an  apjiropriation  bill;  and  in  that  decision  he  decided  that  you  can 
not  change  the  law,  Viut  it  was  simply  a  matter  of  apjiropriation.     [Applause.] 

Mr.  AIaxn.  The  gentleman  from  Cincinnati,  witli  his  usual  high  knowledge  on 
great  (luestions.of  ajipropriations,  api)lauds  the  idea  of  the  distinguished  gentleman 
from  Alissom-i.  Kvery  ai>propriatioii  liill  contains  a  provision  that  the  person  taking 
the  salary  shall  receive  it  in  full. 

Mr.  SiiA'nrc.    Will  the  gentleman  yield  to  me  for  a  question? 

Mr.  Manx.  I  am  always  delighted  to  yield  to  the  distiiiguislu^d  gentleman. 

Mr.  Shattuc.  Some  time  ago  when  we  weie  making  provisions  for  the  Civil  Service 


60G  LEGISLATIVE    HISTORY 

Commission,  it  was  decided  hy  all  the  constitutional  lawyers  on  that  side  of  the  House 
that  if  you  cut  out  the  salaries  of  that  Commission  they  could  go  to  the  court  and  get 
their  salaries.  The  gentleman  from  Ohio  [Mr.  Grosvenor]  proclaimed  that  as  cor- 
rect, and  I  have  as  much  confidence  in  his  judgment  as  1  have  in  the  gentleman's 
judgment. 

Mr.  Manx.  The  gentleman  says  that  he  confides  in  the  judgment  of  the  gentleman 
from  Ohio  as  better  than  mine.  If  his  judgment  on  other  questions  were  half  as  good 
as  is  his  judgment  as  to  our  respective  judgments,  his  judgment  in  this  case  would  be 
changed.  [Laughter.]  It  is  undoubtedly  true  that  if  any  salary  were  stricken  out 
of  the  appropriation  bill  the  officer  could  go  to  the  Court  of  Claims  to  have  the  salary 
allowed  as  fixed  by  law;  but  when  he  receives  the  reduced  salary  it  is  taken  in  full. 
Now,  I  ai:)peal  to  the  House  not  to  enter  upon  the  question  of  fixing  salaries  upon 
this  bill.  That  is  a  matter  within  the  control  of  the  House  at  any  time.  It  is  unfair 
to  all  gentlemen  interested,  not  only  to  the  most  able  Director  of  the  Census,  1)ut  all 
other  gentlemen  interested  in  the  salaries  of  the  different  departments  to  enter  upon 
that  question  upon  this  bill;  and  I  hope  the  amendment  of  the  gentleman  will  not 
prevail.     [Applause.] 

Mr.  MoRKis.  Mr.  Chairman,  it  does  not  make  any  difference  to  me  whether  the 
salary  of  an  officer  can  be  changed  in  an  appropriation  bill  at  any  time  or  not.  The 
question  before  the  House  is  whether  or  not  on  this  l)ill  the  salary  of  the  Director  of 
the  Census  shall  be  reduced  fi-oni  $6,000  to  $4,000  per  annum. 

Now,  Mr.  Chairman,  when  we  organized  the  jiermanent  Census  Bureau  that 
question  was  fully  and  fairly  and  completely  discussed  in  the  House.  The  important 
cluties  and  responsibilities  of  that  officer  were  carefully  gone  over  and  his  salary  was 
fixed,  after  careful  consideration  by  this  House,  at  the  amount  at  which  it  now 
stands.  It  seems  to  me  to  be  eminently  unfair  and  eminently  improper  that  when  a 
measure  is  brought  in  here  dealing  with  an  entirely  different  subject,  and  having 
nothing  to  do  with  the  salaries  of  any  officers  except  those  created  by  the  bill,  you 
should  single  out  that  most  efficient  officer,  whose  management  of  that  Bureau  is 
universally  recognized  as  the  best  it  has  ever  had,  the  Dii^ector  of  the  Census,  to  be 
the  man  whose  salary  is  to  be  cut  down  in  a  l)ill  in  which  it  can  be  given  no  proper 
consideration.     I  protest  that  this  should  not  be  done. 

Mr.  Hay.  Mr.  Chairman,  I  simply  want  to  say  that  I  do  not  see  why  the  Director 
of  the  Census  should  be  chosen  for  "the  purpose  of  having  his  salary  reduced  in  this 
bill.  There  ai'e  others  whose  salaries  are  equally  as  high.  The  duties  of  the  Director 
of  the  Census  are  most  imi:)ortant.  He  has  under  his  control  a  very  large  number 
of  clerks,  and  the  argument  of  the  gentleman  from  INIissouri  that  certain  statistics  are 
to  be  taken  from  him  and  placed  under  some  other  bureau,  I  do  not  think,  n))on 
examination  of  this  bill,  can  be  maintained.  All  of  tlie  statistics  which  tlie  Director 
of  the  Census  now  has  he  will  retain,  and  in  all  probability  a  great  many  more  will 
be  placed  under  his  charge. 

Now,  the  Director  of  the  Census  is  not  the  only  man  in  the  Government  bureaus 
who  gets  $t),000  a  year  for  presiding  over  a  bureau,  some  of  very  much  less  inqior- 
tance  than  that  which  is  jjresided  over  by  him.  I  do  not  think  it  fair  in  a  bill  of  this 
character  to  inject  an  amendment  for  the  purpose  of  reducing  one  man's  salary  and 
not  others.  If  you  want  to  make  them  all  uniform,  introduce  an  amendment  making 
them  all  uniform,  and  do  not  pick  out  one  man  and  undertake  to  make  him  suffer 
for  I  know  not  Avhat. 

Mr.  Crumpacker.  Mr.  Chairman,  I  have  a  few  figures  that  I  want  to  submit  on 
this  amendment.  The  gentleman  from  INIissouri  instituted  a  comparison  between 
the  work  of  the  Census  Bureau  and  the  Bureau  of  Labor,  which  lie  said  was  of 
vastly  more  importance  than  the  Census  Bureau.  I  have  before  me  the  number  of 
employees  in  these  respective  bureaus.  To-day  the  Census  Office  has  661  employees 
or  clerks  imd  suliordinates,  over  whom  the  Director  has  control,  and  the  Commis- 
sioner of  Labor  has  charge  of  80  employees  only.  Everybody  in  the  House  knows 
something  about  the  stupendous  work  of  the  Census  Bureau. 

Mr.  Cowherd.   Will  the  gentleman  allow  me  an  interrujition? 

Mr.  Crumpacker.  Certainly. 

Mr.  Cowherd.  How  many  men  has  the  Chief  of  the  Bureau  of  Pensions  under  him? 

Mr.  Crumpacker.  I  do  not  know — fifteen  or  sixteen  hundred,  I  believe. 

Mr.  Cowherd.  Double  as  many  as  the  Chief  of  the  Census  Bureau,  and  he  does  not 
get  as  much  salary. 

Mr.  Crumpacker.  There  is  a  radical  difference  between  the  function^  of  the  Director 
of  the  Census  and  the  Commissioner  of  the  Bureau  of  Pensions.  The  Pension  Office 
is  ministerial  from  beginning  to  end,  while  the  Director  of  the  Census  in  a  large  degree 
exercises  discretionary  functions.  His  work  is  of  vast  and  varied  character,  relating 
to  all  of  the  activities  of  our  civilization  almost,  and  every  member  of  this  committee 


LEGISLATIVE   HISTORY  GOT 

knows  the  anUions  and  rosponsil)le  work  rtMiuirt'd  in  organizinj^  the  Census  Ollice  for 
tlic  jnirpose  of  takiufitlie  recent  census,  when  tlicre  were  for  several  years  in  that 
ilei)artnient  over  i^,'>00  clerks. 

If  I  have  anv  correct  appreciation  of  the  value  of  this  measure,  it  will  result  in  coni- 
bininj;  l)ractically  all  the  statistical  work  in  the  Census  Ofhce.  It  is  to  be  essentially 
a  statistical  (le])artinent.  Tlie  head  of  tlu'  liureau  that  collects  statistics  Avill  occujjy 
a  more  res])onsil)le  and  imixirtant  and  more  onerous  i)osition  than  the  hca<l  of  the 
department  or  of  most  any  other  bureau. 

.Mr.  Tawnkv.   Will  tlu'  gentleman  allow  mi'  a  (|uestion? 

'Sir.   ClU.Ml'AlKKK.    Yt'S. 

Mr.  Tawnkv.  The  gentleman  from  Indiana  is  a  member  of  the  Census  Connnittee. 
Can  he  state  to  the  House  how  the  present  Census  Bureau,  under  the  present  Director, 
compares  with  the  i)revious  Census  Bureau,  both  as  to  the  time  in  which  it  di<l  the 
work  and  the  manner  in  which  it  was  done? 

Mr.  Cur-Mi'-vcKKK.  Tlie  judgment  of  all  the  interests  of  the  country  is  that  it  far 
suri>asses  the  work  <  )f  the  Eleventl  i  Census,  and  has  never  been  excelled,  if  ever  etpialed, 
bv  any  census  that  the  Government  has  taken. 

"Jlr.  BiKi.KsoN.  1  would  like  to  ask  the  gentleman  if  it  is  not  a  fact  that  it  has  been 
more  exjieditious  and  accurate  than  any  other  census  we  have  taken? 

]\Ir.  CuiMi'ACKKU.  That  is  a  fact. 

Tlie  CuAiKMAX.  The  question  now  is  on  the  amendment  offered  by  the  gentleman 
from  [Missouri  [^Ir.  Cowherd]. 

The  question  was  taken;  and  on  a  division  (demanded  by  [Mr.  Cowherd)  there 
were  26  ayes  and  73  noes. 

Mr.  Cowherd.  ]Mr.  Chairman,  1  move  now  to  amend  by  adding  after  the  word 
"latter,"  in  line  18,  page  10,  the  words  "the  Director  of  the  Census  shall  receive 
$5,000  ]ier  annum." 

[Mr.  Hav.  I  rise  to  a  point  of  order.  Tiiis  amendment,  1  understand,  is  the  same 
as  one  already  voted  on. 

[Mr.  Cowherd.  Oh,  no.  The  other  amendment  proposed  a  salary  of  ?4, 000;  tliisis 
for  ^5,000. 

[Now,  [Mr.  Chairman,  just  one  word  upon  this  proposition.  I  presume  the  gentle- 
men wlio  have  reported  this  bill  do  not  wish  to  provide  for  a  Director  of  Census  as  a 
sul)ortlinate  of  this  assistant  secretary  and  to  give  him  a  larger  salary. 

A[Memher.  Why  not. 

[Mr.  [Manx.  Let  me  say  for  the  gentleman's  information  that  there  are  a  great  many 
officers  connected  with  the  Treasury  Department,  and  under  the  Assistant  Secretary 
of  the  Treasury,  who  receive  a  uuich  larger  salary  than  that  ofticer. 

[Mr.  Cowherd.  What  do  the  chiefs  of  bureaus  receive  generally?  What  is  the  gen- 
eral salary? 

[Mr.  [M.Cxx.  There  is  no  such  thing  as  a  general  salary.  Some  receive  §3,000,  some 
$4,000,  some  $5,000,  some  $6,000. 

[Mr.  Cowherd.  Is  not  the  average  sftlary  of  a  chief  of  bureau  $2,500  or  $3,000? 

[Mr.  [Maxx.  The  Commissioner  of  Internal  Revenue  receives  $6,000;  and  even  the 
Librarian  of  Congress  receives  $6,000. 

[Mr.  ilEriiiRX.  Allow  nie  to  ask  the  gentleman  from  [Missouri  [Mr.  Cowherd] 
whetluT  he  did  not  vote  for  the  legislation  which  fixed  the  salary  as  it  is  now  fixed 
for  this  otiicer? 

INIr..  Cowherd.  I  really  do  not  remember.  I  do  not  know  that  there  was  any 
formal  vote. 

[Mr.  Hei'iu-rx.  We  did  not  have  the  yeas  and  nays  upon  the  question;  there  was 
an  attemjit  made  to  secure  the  yeas  and  nays,  and  only  a  few  gentlemen  in  the  House 
rose  in  favor  of  tliat  demand. 

^Ir.  Cowherd.  [My  remembrance  is,  as  T  was  against  the  bill  creating  the  permanent 
Census  Bureau,  that  I  voted  in  the  negative  on  this  iiuestion. 

Mr.  Bi-Ri-Ksox.  If  the  gentleman  dill  vote  to  fix  the  salary  at  the  present  figure, 
why  does  he  now  seek  to  cut  it  down  when  the  labors  of  the  Bureau  are  being  con- 
stantly increased? 

[Mr.  Cowherd.  I  do  not  believe  the  gentleman's  statement  that  the  labors  of  this 
officer  are  constantly  increasing  can  be  borne  out  by  the  fact. 

[Mr.  BrRi.Esox.  Tlie  records  of  Congress  sustain  the  proposition. 

[Mr.  Cowherd.  I  believe,  if  the  facts  were  known,  it  would  appear  that  the  labors 
of  this  Bureaii  are  at  this  time  exceedingly  light. 

[Mr.  r.rRi,h>;oN.  They  are  being  constantly  iucrea.sed. 

[Mr.  Cowherd.  They  are  not  increased,  but  decreased  by  this  bill. 

The  Chairman.  The  question  is  on  the  amendment  offered  by  the  gentlemen  from 
Missouri  [Mr.  Cowlierd]. 


608  LEGISLATIVE    HISTORY 

The  question  being  taken,  the  amemhnent  was  rejected,  there  being,  on  a  divi- 
sion— ayes  42,  noes  56. 

The  Chairman.  The  Clerk  will  now  read  the  next  section  of  the  bill. 
The  Clerk  read  as  followt^: 

Sec.  5.  That  there  shall  be  in  the  Department  of  Commerce  and  Labor  a  bureau  to  be  called  the 
Bureau  of  Manufactures,  and  a  chief  of  said  Bureau,  who  shall  be  ai>ii()iuted  by  the  President,  and 
■who  shall  receive  a  salary  of  i4,000  per  annum.  There  shall  also  l>e  in  said  Bureau  one  chief  clerk 
and  such  other  clerical  assistants  as  may  from  time  to  time  be  authorized  by  Congress.  It  shall  be 
the  province  and  duty  of  said  Bureau,  under  the  direction  of  the  Secretary,  to  foster,  promote,  and 
develop  the  various  manufacturing  industries  of  the  United  States,  and  uiarkets  for  the  same  at 
home  and  abroad,  domestic  and  foreign,  by  gathering,  compiling,  publishing-,  and  suiiiilyiiig  all 
available  and  u.seful  information  concerning  such  industries  and  such  markets,  and  by  such  other 
methods  and  means  as  may  be  prescribed  by  the  Secretary  or  provided  by  law.  And  all  consular 
officers  of  the  United  States,  including  consuls-general,  consuls,  and  commercial  agents,  are  hereby 
required,  and  it  is  made  a  part  of  their  duty,  under  the  direction  of  the  Secretary  of  State,  to  gather 
and  compile,  from  time  to  time,  useful  and  material  information  and  statistics  in  respect  to  the  sub- 
jects enumerated  in  section  3  of  this  act  in  the  countries  and  places  to  which  such  consular  officers 
are  accredited,  and  to  send,  under  the  direction  of  the  Secretary  of  State,  reports  as  often  as  required 
of  the  information  and  statistics  thus  gathered  and  compiled,  such  reports  to  be  transmitted  through 
the  State  Department  to  the  Secretary  of  the  Department  of  Commerce  and  Labor. 

Mr.  Mann.  I  offer  the  amendment  which  I  have  sent  to  the  desk. 
The  Clerk  read  as  follows: 

Amend  section  5  by  striking  out  in  lines  3  and  4,  on  page  12,  the  words  "  one  chief  clerk  and,''  and 
in  line  4  the  word  "  other." 

The  amendment  was  agreed  to. 

Mr.  SuLZER.  I  desire  to  offer  an  amendment;  and  I  ask  unanimous  con.sent  for 
ten  minutes  to  address  the  connnittee  upon  it. 

The  Chairman.  The  gentleman  from  New  York  [Mr.  Sulzer]  asks  unanimous  con- 
sent to  address  the  committee  for  ten  minutes.  Is  tliere  ol)jection?  The  Chair 
hears  none. 

Mr.  SuLZER.  I  now  offer  the  amendment  which  I  ask  the  Clerk  to  read.  I  propose 
that  it  come  in  as  section  6. 

Mr.  Corliss.  I  make  the  point  that  the  sixth  section  has  not  yet  been  read. 

The  Chairman.  The  Chair  will  state  that  section  6  has  not  yet  been  read. 

Mr.  SuLZEK.  This  is  designed  to  follow  section  5. 

The  Chairman.  Then  the  gentleman  offers  it  as  a  new  section. 

Mr.  SuLZER.  Yes,  sir. 

The  Clerk  proceeded  to  read  the  following  amendment  proposed  by  Mr.  Sulzer: 

Sec.  6.  That  there  shall  be  established  in  the  Department  of  Commerce  and  Labor  a  bureau  called 
the  Bureau  of  Corporations,  and  a  chief  of  said  bureau,  who  shall  be  appointed  by  the  President,  by 
and  with  the  advice  and  consent  of  the  Senate,  and  who  shall  receive  a  salary  of"  $4,000  per  annum. 
There  shall  also  be  in  said  bureau  one  chief  clerk  and  one  auditor  and  such  number  of  examiners  as 
shall  be  needed  to  carry  out  the  purposes  of  this  act.  Said  auditor  and  examiners  shall  be  expert 
accountants,  and  shall  be  paid  salary  and  necessary  expenses.  There  shall  also  be  such  other  cleri- 
cal assistants  as  may  from  time  to  time  be  authorized  by  Congress.  It  shall  be  the  province  and 
duty  of  said  Bureau  of  Corporations,  under  the  direction  of  the  Secretary  of  C(Mnmcrce  and  Labor,  to 
inspect  and  examine  all  corporations  engaged  in  interstate  or  foreign  cnmmerce  by  .cathoring,  com- 
piling, publishing,  and  supplying  all  availableand  useful  infurnintion  concerning  such  cdrpdrations, 
including  the  iniinncr  in  which  their  business  is  conducted,  and  by  such  other  methods  and  means 
as  may  be  prcscril)cd  by  the  said  Secretary. 

Every  corporation  governed  by  this  act  .shall  make  annual  reports  in  writing  to  the  said  auditor  of 
said  bureau,  and  such  report  shall  in  all  cases  include: 

(a)  Capital  antlmrizcd  and  issued;  the  amount  paid  up  in  cash  or  otherwise,  with  a  statement  of 
the  niethnd  of  iiaying  where  it  is  not  in  cash. 

(b)  Debts,  including  details  as  to  the  amounts  thereof  and  security  given  therefor,  if  any. 

(c)  Obligations  due  from  officers,  which  shall  be  seiiarately  stated. 

(d)  A  statement  of  assets  and  the  method  of  valuing  the  same,  whether  at  cost  price,  by  ftpi)raisal, 
or  otherwise,  and  of  the  allowance  made  for  dcpreciatidn.  Small  items  of  personal  property  in- 
cluded in  a  plant  may  be  descrilicd  liv  the  term  "  sundries"  or  like  general  term. 

(e)  Gross  enrnings  iorthe  jicridd  cdvcrcd  liy  tlie  report,  all  deductions  necessary  forinterest,  taxes, 
and  expense  of  all  sorts,  the  surplus  available  for  dividends,  and  dividends  actually  declared. 

(f)  Increase  of  assets  since  the  last  statement,  with  a  showing  in  what  way  such  increase  has  been 
secured. 

(g)  The  names  and  addresses  of  stockholders,  with  the  number  of  shares  held  by  each  at  the  date 
of  the  report. 

(h)  The  amount  of  .stock  dispo.sed  of  and  the  amount  of  property  taken  for  stock  sold  since  the  last 
report,  with  all  facts  necessary  to  show  the  results  of  the  transaction. 

(i)  A  statt'ment  showing  that  the  coriioration  in  (piestion  has  not,  during  the  period  covered  by 
the  said  rcijort,  received  any  reliales.  drawliacks.  siiecial  rates  or  discriminations,  advantages  or 
preferences,  liy  money  payments  or  otherwise,  from  any  railroad,  pipe  line,  water  carrier,  or  other 
transportation  company,  or  if  any  such  have  been  received  or  given,  stating  when,  from  whom,  on 
what  account,  and  in  \vhat  manner  tlicy  were  so  received,  with  all  other  details  necessary  to  a  full 
understanding  of  tlie  transaction  or  transactions. 

(,i)  The  names  and  addresses  of  all  otlicers;  location  of  transfer  or  registry  offices,  wherever  located. 

(k)  Astatement  that  tlie  coqioration  has  not  fixed  prices,  or  done  any  other  act  with  a  view  to 
restricting  trade  or  driving  anv  compi'titor  out  of  business. 

(1)  A  statement  that  tlie  eoriioration  is  or  is  not  a  party  to  any  contract,  combination,  or  conspiracy 
.in  the  form  of  trust  or  otlierwise  in  restraint  of  trade  or  commerce  among  the  several  States  or 
Territories  or  witli  foreigTi  nations. 

(m)  A  statement  vi  the  proportion  of  goods  going  into  interstate  commerce. 


LEGISLATIVE    HISTORY  609 

Tlint.  it  shall  be  the  duty  of  the  auditor  to  prcseriho  the  form  of  the  reports  before  mentioned.  He 
may  in  his  discretion  require  ailditidual  rt'ports  at  any  time  when  he  may  see  lit,  upon  reasonable 
notice;  lait  liis  dclcriuinatiou  sliall  lie  jirinui  facie  jiroof  that  the  notice  is  reasonable.  He  may  also 
require  supplemental  rcimrts  whcTicvcr,  in  his  ju(l,y:mcnt,  the  report  rendered  is  in  any  particular  or 
l>articulars  insufficient,  evasive,  or  anilii^uous.  He  may  prcscrilie  rules  so  as  to  avoid  undue  detail 
in  makinj,'  reports,  liut  no  detail  of  the  l>usinoss  of  the  corpuratiun  shall  be  considered  private  so  as 
to  be  exempt  from  the  examination  of  the  auditor  whent'ver  he  may  demand  report  tliereon.  He 
shall  make  public  in  his  reports,  which  shall  be  issued  annually,  all  the  information  contained  in  the 
reports  so  made  to  him.  When  a  report  has  been  made  by  a  cnrporatiou,  and,  with  all  sup]ilemental 
and  additional  reports  required  by  the  atiditor,  shall  have  been  approved  by  him,  tlie  corporation 
miikini,'  such  report  or  reports  shall  publish  the  same  in  a  daily  newspaper,  after  the  usual  custom  in 
stu'h  cases,  with  the  auilitor's  miiuites  of  approval,  and  shall  file  with  the  auditor  proof  of  such  pub- 
lication by  tlie  publisher's  certilit-ate. 

That  if  any  corporation  shall  fail  to  make  a  report  when  required,  either  by  the  terms  of  this  act  or, 
when  retiuired,  by  tlie  auditor,  as  herein  provided,  said  corporation  shall  be  fined  not  less  than  Iper 
cent  or  m  it  nn  ire  than  10  percent  of  its  last  annual  ijross  earnin,i,''s  f(  ir  each  offense.  Every  day  of  failure 
aftera  written  ilemand  has  been  made  by  the  anditdr  sliall  constittUe  a  separate  and  distinct  olfense. 
In  case  of  failure,  also,  each  of  the  directors  of  the  said  cnrporatiou  shall  Ije  ineligible,  for  the  year  suc- 
ceeding the  next  annual  meeting,  to  hold  either  directorsliip  or  any  other  oflice  in  the  said  corporation. 
n  such  report  is  false  in  any  material  respect,  the  corporation  shall  be  lined  not  less  than  2  per  cent  and 
not  more  than  20  ]iercent  of  its  last  annual  gross  earnings,  and  each  false  statement  in  any  material 
matter  shall  constitute  a  separate  offense.  All  lines  and  penalties  imposed  by  this  act  shall  be  recov- 
ered or  enforced  in  any  court  of  competent  jurisdiction. 

That  it  shall  be  the  duty  of  examiners,  under  the  direction  of  the  auditor,  to  make  examinations 
of  any  corporations  governed  by  this  act.  Any  of  said  examiners  presenting  his  official  credentials 
shallbe  furnished  by  the  officers  of  the  corporation  every  facility  for  complete  and  full  examination, 
not  only  of  the  books,  but  of  all  property,  records,  or  papers  of  the  corporation  which  may  be  neces- 
sary, in  the  judgment  of  the  examiner,  for  a  complete  knowledge  of  the  affairs  of  the  concern.  Such 
examinations  shall  not  be  at  fixed  periods,  but  shall  be  at  such  times  as  the  auditor  shall  fix  and 
without  notice.  Examiners  shall  have  the  power  ti.>  examine  under  oath  all  officers  or  employees  of 
a  Corporation,  or  any  other  persons  having  any  knowledge  of  its  alY;iirs,  and  to  send  for,  demand,  and 
insjiect  books,  ]iapers,  and  any  other  matter  of  evidence  whatever  which  is  in  the  possession  or  Cfintrol 
of  the  said  cor]ioration.  For  the  purpose  of  this  act  examiners  shall  have  power  to  require,  by  sub- 
pcena,  the  attendance  and  testimony  of  witnesses  under  oath  and  the  production  of  all  books,  papers, 
contracts,  agreements,  and  documents  relating  to  any  matter  under  investigation.  Such  attendance 
of  witnesses  and  the  production  of  such  documentary  evidence  may  be  required  from  any  place  in 
the  I'luted  States  at  any  designated  place  of  hearing.  And  in  case  of  disobedience  to  a  sub'jKX'na  the 
examiner  may  invi>ke  the  aid  of  any  court  of  the  United  States  in  requiring  such  attendance. 

And  any  of  the  circuit  courts  of  the  United  States  within  the  jurisdiction  of  which  such  inquiry  is 
carried  on  may,  in  case  of  contumacy  or  refusal  to  obey  a  subprena  issued  to  any  corporation  subject 
to  the  provisions  of  this  act,  or  other  person,  issue  an  order  requiring  such  corporation  or  other  per- 
son to  appear  before  said  examiner  and  produce  books  and  papers,  if  so  ordered,  and  give  evidence 
touching  the  matter  in  question;  and  any  failure  to  obey  such  order  of  the  court  maybe  punished 
by  such  court  as  a  contempt  thereof.  The  claim  that  any  such  testimony  or  evidence  may  tend  to 
criminate  the  person  giving  such  evidence  or  testimony  sliall  not  be  used  against  such  person  on  the 
trial  of  any  criminal  proceeding.  The  auditor  shall  likewise  have  all  the  authority  of  an  examiner 
in  any  case  wherein  lie  chooses  himself  to  act.  No  examiner  shall  be  assigned  to  examine  any  cor- 
poration who  is  himself  interested  in  the  business  thereof,  or  any  competing  concern,  or  who  has 
relatives  who  are  so  interested. 

That  it  shall  be  unlawful  for  an  examiner  to  divulge  private  business,  except  by  his  report  to  the 
auditor.  But  such  report,  or  the  substance  thereof,  shall  he  opened  for  pulilic  inspection.  Each 
examiner  shall  follow  the  rules,  regulations  and  directions  which  the  auditor  may  from  time  to 
time  lay  down  or  communicate  to  him  as  to  the  method  of  examination,  the  form  of  report,  the  mat- 
ters to  be  covered  by  the  said  examination,  and  all  matters  pertaining  to  his  duties.  Said  examina- 
tions and  reports  shall  always  cover,  among  others,  the  following  questions: 

(a)  Has  the  said  corporation,  during  the  period  covered  by  the  examination  and  report,  received 
any  rebates,  drawbacks,  special  rates,  or  other  disi'riminations,  arlvantages,  or  preferences,  by  money 
payments  or  otherwise,  from  any  railroad,  pijic  line,  water  carrier,  orother  transiiortation  company? 

(b)  If  there  have  been  such  preferences,  when  were  they  received,  from  whom,  on  what  account, 
and  in  what  manner,  giving  all  details  necessary  to  a  ftill  understanding  of  the  transaction'' 

(e)  Is  the  said  corporation  a  member  of  any  combination  having  or  intending  to  secure  a  monopoly 
of  any  commodity  other  than  -such  monopolies  as  are  legally  granted  by  patent  or  otherwise'.' 

(d)"  Has  the  said  corporation  any  such  monopoly,  or  does  it  use  methods  tending  to  secure  such 
monopoly? 

(c)  Has  it  made  any  contracts  or  agreements  tending  to  secure  any  such  monopoly  to  itself  or  any 
other  concern,  whether  owned  by  an  individual  or  individuals,  a  corporation,  or  some  combination 
of  individuals  and  corporations? 

(f )  Is  such  corporatii  m  a  party  to  any  contract,  agreement,  or  combination,  in  the  form  of  a  trust  or 
otherwise,  in  restraint  of  trade  or  commerce  among  the  several  States  or  with  foreign  nations? 

(g)  Has  the  corporation  purchased  or  does  it  hold  the  stock  of  any  corporation  for  the  purpose  of 
controlling  its  management? 

Said  reports  of  examiners  shall  be  prima  facie  true  and  may  be  introduced  in  evidence  in  all  courts 
to  prove  the  facts  therein  set  forth.  Copies  certified  by  the  auditor  shall  be  admis.sible  with  like  effect 
and  under  the  same  circumstances  as  the  original.  The  word  "corporation  "  wherever  used  in  this  act 
shall  be  deemed  to  include  associations  existing  or  authorized  cither  by  the  law  of  the  United  States, 
the  laws  of  any  State,  or  the  laws  of  any  foreign  country. 

Mr.  Mann  (before  the  reading  of  the  ameiidinent  was  conchided).  I  ask  the 
attention  of  the  gentleman  from  New  York  [Mr.  Sulzer]. 

Mr.  Sulzer.  I  decline  to  l)e  interrupted  during  the  reading  of  the  amendment. 

The  Chairman.  The  Clerk  will  finish  the  reading  of  the  proposed  amendment. 

Mr.  ]Mann.  I  ask  the  courtesy  of  the  gentleman  from  New  York — ^- 

Mr.  Sulzer.  I  must  decline.     An  interruption  now  would  simply  take  up  my  time. 

Mr.  Mann.  I  am  sorry  that  the  gentleman  has  not  read  the  bill. 

The  Chairman.  The  Clerk  will  resume  the  reading  of  the  amendment. 

The  reading  of  the  amendment  was  resumed  and  concluded. 

Mr.  Sulzer.  Mr.  Chairman,  regarding  this  amendment  I  want  to  say  that  on  the 

27628—04 39 


610  LEGISLATIVE    HISTOEY 

2d  day  of  May,  1902,  I  introduced  in  this  House  a  bill  to  establish  a  Department  of 
Commerce,  and  the  amendment  just  read  is  section  5  of  that  bill.  The  bill  was 
referred  to  and  considered  by  the  Committee  on  Interstate  and  Foreign  Conunerce. 
I  appeared  before  that  committee  in  favor  of  my  bill  to  establish  a  Department  of 
Commerce,  and  so  did  a  number  of  distinguished  gentlemen  representing  commercial 
bodies,  labor  organizations,  the  American  Anti-Trust  League,  and  other  associations 
which  are  in  favor  of  publicity  in  regard  to  the  great  trusts  of  our  land. 

All  of  these  gentlemen  advocated  my  bill  or  the  incorporation  in  the  Department 
of  Commerce  bill  of  a  provision  similar  to  the  amendment  just  offered  by  me.  The 
committee  did  not  see  fit  to  do  that.  They  left  it  out  of  the  bill  thej'^  reported  and 
now  before  the  House.  I  simply  ask  at  this  time  to  have  that  amendment  read,  so 
that  every  member  and  the  country  may  understand  it.  I  ask  now  unanimous  con- 
sent to  have  it  considered  as  pending,  so  that  the  members  of  the  House  may  have 
an  opportunity  to  read  it  in  the  Record  to-morrow. 

Mr.  Hepburn.  Mr.  Chairman,  that  goes  into  the  Record. 

Mr.  SuLZER.  I  know  it  does,  but  I  want  it  pending  for  a  time  to  give  members  a 
chance  to  read  and  study  it. 

Mr.  Mann.  The  gentleman  asked  to  have  it  be  considered  as  pending. 

Mr.  SuLZER.  I  ask  unanimous  consent  that  the  amendment  be  considered  as  pend- 
ing, so  that  members  can  read  it  in  the  Record  and  vote  on  it  intelligently. 

The  Chairman.  To  be  voted  upon  after  the  reading  of  the  bill  is  concluded? 

Mr.  SuLZER.  Yes;  that  is  my  request. 

The  Chairman.  Let  the  Chair  state  the  request.  The  gentleman  from  New  York 
asks  unanimous  consent  that  the  amendment  which  he  has  offered  may  be  considered 
as  pending,  to  be  voted  upon  when  the  reading  of  the  bill  is  concluded.  Is  there 
objection? 

Mr.  Manx.  Mr.  Chairman,  to  what  portion  of  the  bill  is  the  amendment  offered? 

The  Chairman.  It  is  offered  as  a  separate  section. 

Mr.  Mann.  Mr.  Chairman,  as  the  gentleman  can  offer  his  amendment  at  tlie  proper 
place  at  any  time,  if  he  is  in  his  seat,  I  object  to  the  request. 

Mr.  SuLZER.  I  only  ask  it  in  order  to  give  every  meinber  an  opportunity  to  familiar- 
ize himself  with  it. 

The  Chairman.  Objection  is  made.  The  question  is  on  the  amendment  offered  by 
the  gentleman  from  New  York. 

Mr.  Sulzer.  Mr.  Chairman,  one  moment;  has  my  time  expired? 

The  Chairman.  It  has  not. 

Mr.  Si'LZER.  Then,  Mr.  Chairman,  I  desire  to  state  briefly  that  this  amendment 
brings  before  the  House,  as  clearly  and  as  positively  as  any  proposition  can,  the 
question  of  whether  the  members  of  this  House  are  in  favor  of  publicity  regarding 
the  trusts  or  not.  If  we  are  sincerely  in  favor  of  publicity  regarding  the  trusts  we  can 
not,  it  seems  to  me,  ol^ject  to  this  amendment.  If  we  want  publicity  we  can  not 
object  to  the  establishment  of  this  Bureau  of  Corporations  in  the  Department  of  Com- 
merce and  Labor,  for  it  is  something  which  will  create  publicity  and  secure  the 
information  the  Attorney-General  says  he  wants  in  order  to  enforce  the  antitrust 
laws. 

In  my  opinion  it  is  the  best  plan  for  publicity  yet  devised,  and  will  secure  the 
information  that  every  citizen  wants  regarding  the  conduct  and  the  management  of 
the  great  trusts  of  our  country,  and  go  far,  in  my  judgment,  to  prevent  the  trusts 
from  violating  or  evading  the  law  now  on  the  statute  books  against  trust  and 
monopolies.  It  has  been  stated  by  those  more  competent  to  judge  perhaps  than 
myself  that  if  this  amendment  were  a  law  no  trust  in  this  country,  no  corporation,  no 
monopoly,  would  or  could  violate  the  law. 

Besides,  it  would  secure  all  the  information  desired,  and  if  the  laws  were  violated 
the  Attorney-General  would  have  officially  the  facts  to  proceed  forthwith  and  punish 
such  violations.  It  would  prevent  the  excuse  now  offered  by  the  Department  of 
Justice. 

I  think  this  amendment  ought  to  be  adopted.  It  will  be  if  those  who  oppose  trusts 
and  monopolies  and  want  publicity  regarding  them,  so  that  the  truth  shall  be  known, 
vote  for  it.  Ho  I  offered  this  amendment  to  find  out  and  have  the  country  know  the 
names  of  the  members  who  are  sincerely  in  favor  of  publicity  and  who  are  not.  Let 
the  record  tell.  Now  is  the  time  to  stand  by  your  professions  and  live  up  to  your 
promises.     [Applause.] 

The  Chairman.  The  question  is  on  the  adoption  of  the  amendment  offered  by  the 
gentleman  from  New  York. 

Mr.  Mann.  Mr.  Chairman,  the  report  of  the  bill  from  the  committee  provides  for 
a  Bureau  of  Corporations  for  the  very  purpose  of  providing  an  executive  agency  on 
publicity.     Probably  this  side  of  the  House  would  not  always  feel  disposed  to  accept 


LEGISLATIVE    HISTORY  611 

the  language  arranged  by  the  gentleman  from  New  York  [Mr.  Sulzer]  in  reference 
to  the  method  of  obtaining  jaibhrity. 

A'erv  likely  the  other  (side  of  the  House  will  accejit  the  leadership  of  the  gentleman 
from  New  York  on  this  (juestion.  If  so,  we  shall  l)e  content,  but  the  connnittee 
which  reported  the  bill  has  been  rather  inclined  to  await  the  report  of  the  gentlemen 
from  the  Judiciary  Committee,  from  both  sides  of  the  House,  who  are  engaged  in 
endeavoi'ing  to  lind  a  ])roper  solution  of  the  method  of  publicity.  There  is  no  dis- 
position on  the  part  of  the  committee  which  reported  the  liill,  no  disposition  on  the 
part  of  this  House,  to  refuse  proper  legislation  to  effect  jniblicity,  but,  with  all  due 
respect  to  the  distinguished  gentleman  from  New  York  [Mr.  Sulzer],  I  trust  that  we 
may  be  forgiven  if  we  do  not  always  adopt  his  views  ui)on  this  su))ject. 

]\Ir.  Henky  C.  Smith.  ]\[r.  Chairman,  I  desire  to  ask  the  gentleman  a  (question. 

The  Chairman.  Does  the  gentleman  yield? 

Mr.  Mann.  Certainly. 

Mr.  Henry  C.  Smith.  The  section  to  which  the  gentleman  refers  as  creating  this 
Bureau  of  Cor])t)rations,  I  take  it,  is  section  7? 

Mr.  Mann.  Section  7. 

Mr.  Henry  C.  Smith.  I  would  ask  the  gentleman's  construction  as  to  what  powers 
such  a  bureau  would  have.  I  have  read  the  section  hastily  and  it  seemed  to  me  that 
it  did  not  give  the  Bureau  very  much,  if  any,  power  to  get  the  information. 

]Mr.  Sulzek.  That  is  quite  true. 

Mr.  Mann.  There  is  no  doul)t  whatever,  INIr.  Chairman,  that  section  7,  as  it  rearls 
in  tiie  bill,  will  not  confer  upon  the  Bureau  of  Corjxirations  the  p<i\ver  to  c<imj)el  the 
giving  of  information,  and  in  that  respect  it  might  be  said  to  be  defective  and  clearly 
would  be  defective  if  it  were  not  the  purpose  to  follow  it  up  with  additional  legisla- 
tion; but  we  all  know  that  the  meml)ers  of  this  House  and  the  mendjers  of  this 
Congress  are  projjosing  to  have  additional  legislation,  and  if  this  bill  becomes  a  law 
and  this  Bureau  of  Corporations  is  created,  undoubtedly  there  will  be  conferred 
either  upon  the  Bureau  itself  or  upon  the  Department,  the  necessary  powers  to  carry 
out  the  idea  for  which  the  Bureau  is  created. 

If  it  is  the  pi'eference  of  tlu'  House  to  take  the  suggestions — admira1)le  in  their 
nature,  but  more  or  less  crude  in  tlu'  drawing  of  the  language — of  the  gentleman  from 
New  York,  very  good;  but  I  should  prefer  that  the  House  should  have  the  informa- 
tion wliich  comes  from  the  distinguished  Judiciary  Committee  of  this  House,  which 
intends,  as  I  understand,  to  report^  some  kind  of  a  bill  to  the  House  covering  ground 
like  this. 

Mr.  Sulzer.  Oh,  yes;  they  will  doubtless  report  a  bill  some  time,  some  hoAV,  some 
way,  and  too  late  in  the  closing  days  of  this  session  of  Congress  ever  to  pass  before 
we  adjourn.  You  may  pass  some  kind  of  a  bill  through  the  House  only  to  die  in  the 
Senate.     It  is  the  old,  old  story. 

JNlr.  Thayer.  Mv.  Chairman,  I  have  been  waiting  in  this  House  for  three  years  to 
see  what  action  W(juld  be  taken  that  would  amount  to  anything  to  clip  the  wings  of 
the  trusts,  and  it  is  immaterial  to  me  whom  I  am  following  if  the  road  is  clear,  whether 
it  be  the  gentleman  from  New  York  [INIr.  Sulzer]  or  the  gentleman  from  Illinois  [Mr. 
Maun].  I  am  here  to  help  do  something  to  curtail  the  increasing  power  of  the  trusts, 
and  it  is  immaterial  to  me  who  leads  in  this,  to  my  mind,  good  work. 

Here  is  an  amendment  which  proposes  some  practical  legislation  to  make  iiublic 
the  acts  and  doings  of  the  great  trusts  and  combines  of  this  country,  and  the  gentle- 
man from  Chicago  [Mr.  ]\Iann]  fails  entirely  to  point  out  in  this  amendment  anything 
which  he  thinks  even  is  obnoxious,  or  is  not  in  accordance  with  his  views.  Hesimjily 
wishes  to  put  off  the  matter  to  a  more  convenient  time.  It  is  the  same  old  plea.  We 
have  been  told,  from  the  President  of  the  United  States  down,  that  something  should 
be  done  to  make  imblic  the  conduct  of  the  trilsts.  Publicity  is  the  great  question  which 
the  public  is  demanding  to-day  of  these  corporations.  Now,  if  the  gentleman  from 
Illinois  [Mr.  Mann]  can  not  lind  any  fault  with  this  amendment,  if  he  is  simply 
waiting  for  something  better,  why  not  point  out  what  is  wrong  in  this  bill,  which  is 
specific,  directing,  and  comprehensive?  We  are  confronted  with  the  proposition  now 
whether  we  shall  do  something  or  continue  to  do  nothing,  as  we  have  for  the  last 
three  years.  Let  us  not  dodge  or  evade  our  responsibility.  The  country  is  looking 
and  waiting  to  see  if  we  will  keep  our  i^romises  and  do  something  to  give  publicity 
to  the  -working  of  the  trusts. 

Mr.  Mann.  The  gentleman  will  pardon  me  for  saying  that  while  it  possibly  is 
negligence  on  my  part,  I  never  have  read  the  proposition  of  the  gentleman  from  New 
York.  It  may  be  heavenly  for  aught  I  know.  It  may  l:)e  perfect;  but  I  should  pre- 
fer to  have  it  presented  to  the  House  in  such  a  way  that  it  can  be  properly  con- 
sidered by  the  committee. 

Mr.  Thayek.  Unless  the  gentleman  from  Illinois  is  deaf,  he  must  have  heard  the 
reading  of  it,  line  by  line  and  word  by  word,  within  the  last  ten  minutes. 


612  LEGISLATIVE    HISTORY 

Mr.  Mann.  Well,  I  am  not  as  smart  as  the  gentleman  from  Massacluisetts,  if  he 
can  understand  it  from  hearing  it  read. 

Mr.  Thayer.  I  hope  the  opportunity  will  be  granted  for  gentlemen  of  this  House 
to  discuss  and  analyze  this  amendment.  I  think  it  comes  nearer  to  the  bull's-eye 
than  anything  that  has  been  presented.  I  had  occasion  to  vote  with  the  majority  of 
this  House  fcjr  a  constitutional  amendment  in  the  last  Congress  which  it  was  never 
intended  should  be  passed  by  the  coordinate  branch  at  the  other  end  (if  this  build- 
ing and  which  I  had  very  grave  doubts  about  our  right  to  jmss;  but  I  want  to  do 
something  while  1  am  a  member  of  this  House  or  help  others  in  doing  sc^mething 
that  will  make  public  the  acts  of  the  trusts,  a  proi^osition  which  all  parties  agree  is 
needed,  and  something  that  will  in  souie  measure  satisfy  the  public.  This  amend- 
ment provides  for  the  very  thing  we  have  been  discussing  here  for  the  last  four 
years.  The  opportunity  is  now  here.  Now  is  the  accepted  time;  now  is  the  day  of 
salvation  for  those  who  do  not  believe  in  permitting  these  trusts  to  go  on  in  the  way 
they  have  been  going. 

Mr.  Si'LZER.  3Ir.  Chairman,  I  desire  to  say  just  a  few  words  more.  In  discussing 
this  amendment  after  it  was  offered  the  gentleman  from  Illinois  [Mr.  Mann]  said  it 
was  crude.  That  is  tlie  word  I  believe  he  used.  Subsequently,  in  answer  to  the 
gentleman  of  ^lassachusetts  [jNIr.  Thayer],  the  gentleman  from  Illinois  said  he  never 
read  the  amendment;  that  he  had  not  heard  it  read;  that  he  knew  nothing  whatever 
about  it.  It  seems  to  me,  sir,  it  comes  with  very  bad  grace  for  the  gentleman  from 
Illinois  to  characterize  an  amendment  as  crude  that  he  has  never  read  and  never 
heard  read.  But  it  is  characteristic  of  the  gentleman,  and  shows  how  nuieh  reliance 
should  be  given  his  speech. 

And  yet,  Mr.  Cliairman,  this  amendment  has  been  pending  before  his  committee 
ever  since  the  2d  day  of  last  May.  And  further,  sir,  lie  was  present  in  the  C-oiinnit- 
tee  on  Interstate  and  Foreign  Commerce  when  a  delegation  of  the  distinguished  and 
representative  gentlemen  with  myself  w(^nt  before  his  committee  and  urged  a  favor- 
a!)le  rejKirt  on  my  bill,  or  at  least  the  ini'orporation  of  this  amendment,  being  section' 
5  in  my  bill,  in  a  bill  creating  a  Dejiartment  of  Commerce.  He  heard  every  word 
of  that  discussion.  He  asked  questions  of  the  gentlemen  on  that  occasion.  That 
discussion  is  printed.  Any  member  can  get  a  cojiy  of  it.  It  is  a  ]^art  of  the  records 
of  the  Connnittee  on  Interstate  and  Foreign  Commerce  on  this  bill. 

It  is  too  late  for  him  now  to  say  that  he  never  read,  or  heard  read,  the  amendment. 
In  my  opinion  he  knows  all  aliout  it,  or  he  would  not  now  oi>pose  it  so  tenaciously. 
But  if  he  says  it  is  crude,  let  me  say  to  him  that  it  has  been  submitted  to  some  of  the 
greatest  lawyers  in  all  this  land — lawyers  not  employed  by  the  trusts — and  to  men 
who  have  studied  this  trust  (Question,  not  in  the  interests  of  the  trusts,  but  in  the 
interests  of  all  the  people,  and  they  have  all  api)roved  it.  They  say  it  will  absolutely 
establish  pul)licity,  and  do  it  in  the  only  logical  and  legal  way. 

Again,  sir,  this  amendment  has  been  favorably  ]iassed  on  by  the  labor  organiza- 
tions, by  the  American  Anti-Trust  League,  l)y  leading  thinkers  and  political  econo- 
mists, and  by  the  honest  folk  of  the  land  who  are  earnestly  and  honestly  and  fear- 
lessly opposed  to  trusts  and  monoi)olies.  The  independent  press  of  the  country  ask 
for  pul)licity.  In  editorial  after  editorial  they  favor  this  amendment.  The  I'resi- 
dent  asks  for  publicity.  The  Democrats  ask  for  publicity  and  will  vote  to  a  man  for 
this  amendment.  The  people  of  the  land,  from  one  I'ucl  of  it  to  the  other,  demand 
publicity.  The  Republicans — that  is,  a  few  Rei)ul)licans — say  they  want  publicity; 
they  say  it,  but  they  are  afraid  to  vote  for  ]Kib]icity.     [Applause.] 

The  Republicans  say  they  are  going  to  give  the  people  publicity  as  to  the  trusts 
some  time,  some  way,  somehow;  but  the  days  are  going  on.  This  Congress  will 
adjourn  on  the  4th  of  next  ISIarcli.  The  time,  gentlemen,  is  short,  and  I  undertake 
to  say  that  if  tliis  amendment  is  not  adopted  now,  if  it  is  not  put  in  this  l)ill  and 
kept  there,  that  there  will  be  no  antitrust  legislation,  no  law  for  publicity  jiassed 
during  this  session  of  Congress.  The  President,  the  Attorney-Ceneral,  and  all  of  the 
distinguished  Repulilicans,  including  my  friend  from  Maine  [Mr.  I^ittletiekl],  will 
keep  on  talking  against  the  trusts,  l)ut  they  will  do  nothing  against  them. 

The  ])eople  will  not  and  can  not  be  deceived  much  longer  in  this  matter.  The 
record  here  to-day  on  this  amendment  will  tell  the  tale.  It  will  show  whether  the 
Republicans  or  the  Democrats  are  sincere.  It  will  tell  the  world  who  is  for  and  who 
is  against  publicity — who  are  the  friends  of  the  trusts  and  who  are  the  enemies  of 
monopoly.  An  ounce  of  performance  is  worth  a  ton  of  promise.  If  gentlemen  on 
the  other  side  are  sincerely  in  favor  of  what  the  people  want,  if  they  favor  publicity, 
you  will  give  the  people  this  ounce  of  performance  to-day,  and  in  my  judgment  it 
will  truly  establish  publicity  and  go  far  to  do  away  with  trust  evils. 

With  publicity — like  a  searchlight,  exposing  to  public  view  every  violation  of  law — 
the  trusts  and  monopolies  would  hesitate  a  long  time  ere  they  violated  the  law;  and 
if  the  Attorney-General  promptly  enforced  the  law  against  them,  violations  of  law 


LEOISLATIYE    HISTOKY  0)13 

would  soon  cease  entirely.  I'ut  the  Attorney-General  says  substantially  in  his  Pitts- 
))urji;  speecli  that  he  tan  not  enforce  the  law  against  the  trusts  because  he  can  not 
get  the  evidence  of  violations  of  law.  Make  tliis  amenihucnt  a  law  as  a  i)art  of  this 
hill  and  the  Attorney-General  will  have  no  dilliculty  in  getting  the  facts — the  evi- 
dence— to  successfully  prosecute  every  trust  that  is  violating  the  law. 

The  law  now  on  the  statute  books  against  trusts  is  clear  and  plain,  and  the  highest 
court  in  the  land  has  passed  on  its  validity  and  sustained  the  constitutionality  of  its 
])rovisions.  The  antitrust  act  of  1S90  declares  that  every  contract  or  combination  in 
the  nature  of  a  trust  in  restraint  of  trade  and  commerce  among  the  several  States  and 
Territories  or  with  foreign  nations  is  a  conspiracy,  illegal  and  void,  and  punishable 
by  tine  and  iuii)risonment. 

Under  this  antitrust  act  it  seems  to  me  every  trust  in  the  United  States  can  be 
prosecuted  for  violation  of  law,  the  charter  annulli'd,  and  the  men  behind  it  punished 
for  cons]>iracy.  f] very  trust  by  its  very  nature  is  in  restraint  of  trade  and  commerce 
and  in  violation  of  this  iaw. 

If  you  will  read  tiie  antitrust  act  of  1890  and  the  decisions  of  the  l"nite<l  States 
Supreme  Court  in  the  trans-Missouri  freight  case  and  the  Addyston  Pipe  case,  the 
conclusion  will  be  irresistible  to  the  logical  mind  that  the  fault  is  not  so  much  with 
the  law  as  it  is  with  the  men  who  are  sworn  to  enforce  the  law. 

In  my  oidnion — and  I  say  so  advisedly — the  Department  of  Justice  under  the 
present  law  can  institute  and  successfully  maintain  actions  against  every  trust  doing 
business  in  the  ITuited  States.  The  law  is  clear  and  plain,  and  the  factH  are  within 
the  knowledge  of  all. 

Now,  adopt  "this  amendment  offered  l)y  me  for  publicity  regarding  the  trusts  and 
monopolies,  make  it  a  jiart  of  this  bill,  so  that  it  will  soon  be  a  law,  and  the  Attorney- 
(Teneral  will  get  all  the  facts  he  wants,  and  ofhcial  facts  that  will  be  evidence  suffi- 
cient to  prosecute  and  sufficient  to  win  every  case  against  every  trust  A'iolating  the 
law.     [A]>plause.] 

The  Chairman.  The  question  is  on  the  amendment  of  the  gentleman  from  New 
York  [Mr.  Sulzer]. 

The  question  was  taken;  and  the  Chairman  announced  that  the  noes  seemed  to 
have  it. 

Mr.  Sulzer.  ]Mr.  Chairman,  I  ask  for  a  division. 

The  conunittee  divided;  and  there  were — ayes  63,  noes  88. 

Mr.  Sulzer.  I  ask  for  tellers,  J\Ir.  Chairman. 

Tellers  were  ordered. 

The  Chairman.  The  Chair  will  appoint  as  tellers  the  gentleman  from  New  York 
[Mr.  Sulzer]  and  the  gentleman  from  Illinois  [jSIr.  Mann]. 

The  committee  again  divided,  and  the  tellers  reported — ayes  75,  noes  90. 

So  the  amendment  was  rejected. 

Mr.  Sulzer.  Mr.  Chairman,  I  desire  now  to  say  one  thing.  All  the  Republicans 
voted  against  this  amenchnent  for  publicity  and  all  the  Democrats  voted  for  it.  That 
tells  the  story  and  the  w'hole  story.'     [Applause  on  the  Democratic  side.] 

The  Clerk  read  as  follows: 

Sec.  G.  That  there  shall  be  in  the  Department  of  Commerce  and  Labor  a  bnreau  to  be  called  the 
Bureau  of  Insurance,  and  a  Chief  of  said  Bureau,  \\  lie  sliall  be  ai)pointed  by  the  President,  and  who 
.shall  receive  a  salary  of  S4.000  per  annum,  and  such  clerical  assistants  as  may  from  time  to  time  be 
authorized  bylaw.  It  shall  be  the  province  and  duty  of  said  Bureau,  under  the  direction  of  the 
Secretary,  to  exercise  .such  control  as  maybe  provided  by  law  over  every  insurance  company,  society, 
or  association  transacting  business  in  tlie  United  States  outside  of  the  State,  Territory,  or  District 
wherein  the  same  is  oryanized,  and  to  foster,  promnle,  and  dt'velni)  the  various  insuraiice  industries 
of  the  rnited  States  liy  gatherinir,  compiliuLT,  publishing,  and  suiiiilyiuK  i'H  availal)le  and  useful 
information  concerning  such  insurance  companies  and  tlie  business  of  "insurance,  and  by  such  other 
methods  and  means  as  may  be  prescribed  by  the  Secretary  or  provided  by  law. 

Mr.  Corliss.  Mr.  Chairman,  I  move  to  strike  out  section  6,  from  lines  1  to  17, 
inclusive,  on  page  13. 
The  Clerk  read  as  follows: 

Strike  out  all  of  section  6,  from  line  1  to  line  17,  inclusive. 

Mr.  Corliss.  Mr.  Chairman,  when  we  were  considering  section  3  the  words 
"insurance  business"  were  stricken  out  by  the  committee,  it  is  true,  by  a  close 
vote,  but  it  seems  to  me  that  this  section  should  also  go  out  of  the  bill.  The  ques- 
tion has  been  fully  discussed,  and  the  creation  of  this  Bureau  is  an  unnecessary  and 
useless  expenditure  of  public  money  in  view  of  the  decision  of  the  Supreme  Court, 
holding  that  marine,  fire,  and  life  insurance,  or  any  other  kind  of  insurance,  is  not' 
commerce  and  that  a  contract  endjracing  such  insurance  does  not  embrace  any  of  the 
elements  of  connnerce. 

Mr.  Tavler,  of  Ohio.  INlr.  Chairman,  the  remark  which  was  just  made  l)y  my 
friend  from  ^Michigan  [Mr.  Corliss]  would  seem  to  indicate  that  there  was  a  larger 


G14  LEGISLATIVE    HISTORY 

interest  in  this  sul)ject  on  the  part  of  those  who  support  this  amendment  than  one 
would  think  necessary  under  the  circnnistanees.  However,  if  tlie  Supreme  Court 
iuis  lu'Id  that  this  is  not  a  subject  of  national  legislation,  then  no  liarin  <'an  be  done 
by  the  invasioi\.of  the  iState  such  as  alarms  so  nuicli  my  frieiid  from  New  Jersey 
[Mr.  Gardner].  This  is  a  provision  for  investigating,  for  compiling  all  information 
respecting  the  su])ject  of  insurance.  I  was  surprised  that  my  friends  who  were  so 
alarmed  over  here  in  reference  to  States  rights  in  this  section  pertaining  to  insurance 
should  not  have  been  similarly  alarmed  when  section  5  was  under  consideration.  If 
it  be  an  outrage  upon  the  rights  of  the  States  to  "foster,  promote,  and  develop  the 
various  insurance  industries  of  the  United  States  by  gathering,  compiling,  and  pub- 
lishing, and  supplying  all  available  and  useful  information  concerning  such  insurance 
companies,"  surely  it  is  a  greater  outrage  upon  the  rights  of  the  States  that  the  same 
Department  sliould  have  power  to  foster,  promote,  and  develop  the  various  manii- 
facturing  industries  of  the  United  States  by  doing  exactly  the  same  thing  that  section 
6  provides  may  be  done  respecting  the  fostering  and  develoi)ing  of  the  insurance 
business.  I  take  it  that  the  manufacturing  business  is  just  as  important  as  the  insur- 
ance business;  and  if  the  Sujireme  Court  has  held  that  we  can  not  invade  by  national 
legislation  the  domain  of  insurance,  we  may  l)e  sure  that  we  could  no  further  invade 
the  domain  ( )f  manufacturing.  At  least  the  courts  have  not  gone  so  far  in  that  res2)ect, 
and  we  have  all  through  our  States  manufactures  just  as  much  threatened  in  the 
methnd  in  which  they  are  carried  on  as  insurance  business  can  be  affected  by  the 
identical  provision  respecting  insurance  which  we  find  in  this  act. 

Mr.  Bartlett.  Will  the  gentleman  yield  to  me  for  a  question? 

Mr.  Taylrr,  of  Ohio.  If  I  had  time  I  would  be  glad  to  yield  to  the  gentleman. 

Mr.  Bartlett.  It  is  just  a  ciuestion  about  what  the  gentleman  has  stated.  Where- 
about in  section  5  do  you  fincl  such  words  as  would  give  to  the  Secretary  of  Com- 
merce or  the  Bureau  of  Manufactures  the  right  to  exercise  such  control  over  manu- 
facturers as  it  does  over  the  insurance  business? 

Mr.  Tavler,  of  Ohio.  I  want  to  ask  my  friend  what  authority  does  section  6  give 
to  the  Secretary  to  authorize  control?    How  much? 

INIr.  Bartlett.  It  gives  such  as  it  now  has  or  may  be  given  by  law. 

Mr.  Tayler,  of  Ohio.  Why,  we  can  pass  a  law  at  any  time.  It  gives  it  really  no 
airthority  at  all.  It  merely  proceeds  to  say,  in  an  unlegislative  sort  of  a  way,  that 
if  we  iiass  a  law  some  time  in  the  future  giving  the  Secretary  iwvv^er,  he  can  exercise 
that  ])o\ver  under  the  law  which  has  given  it  to  him. 

Will  the  gentleman  })ermit  me  to  call  his  attention  and  the  attention  of  the  gentle- 
man from  Michigan  to  the  fact  that  section  5,  which  provides  for  fostering  and 
promoting  and  developing  the  various  manufacturing  industries  in  various  ways  as 
may  be  prescribed  by  the  Secretary  or  as  provided  by  law,  is  in  identically  the  same 
language.  The  point,  Mr.  Chairman,  that  I  was  making  was  that  the  provision 
respecting  the  insurance  department  is  exactly  the  same  ^s  the  jirovision  respecting 
all  other  departments,  and  it  is  folly,  it  is  an  imposition  upon  the  intelligence  of  this 
House,  to  assume  that  by  this  act  an  effort  is  being  made  to  do  something  more 
for  the  insurance  ))usiness  than  is  sought  to  be  done  respecting  the  business  of 
manufacturing. 

The  Chairman.  The  time  of  the  gentleman  has  ex])ired. 

Mr.  Corliss.  Mr.  Chairman,  I  ask  unanimous  consent  that  the  gentleman's  time 
be  extended  three  minutes. 

The  Chairman.  The  gentleman  from  Michigan  asks  that  the  time  of  the  gentle- 
man from  Ohio  be  extended  three  minutes.  Is  there  ol)jection?  [After  a  pause.] 
The  Chair  hears  none. 

Mr.  Corliss.  I  would  like  to  ask  the  gentleman  a  question.  The  manufactured 
products  enter  into  conmierce,  do  they  not? 

Mr.  Tayler,  of  Ohio.  I  am  willing  to  admit  that  for  the  sake  of  the  argument. 

Mr.  Corliss.  And  the  courts  have  held  that  all  kinds  of  products  of  the  farm  and 
the  factory  are  subject  to  the  control  of  Congress  Avhen  in  the  course  of  transportation 
from  one  State  to  another.  Therefore  Congress  has  control  to  a  certain  extent  over 
manufactm-es,  but  in  this  instance — and  I  ask  the  gentleman  the  question  in  order 
that  he  may  draw  the  distinction — in  the  case  of  insurance  contracts  the  court  has 
held  that  the  contract  is  not  commerce.  You  can  not  make  it  conmierce,  and  the 
Federal  power  of  our  Government  does  not  extend  to  that  subject.  How  can  you 
hold  that  it  is  analogous  to  the  power,  of  Congress  to  control  manufactured  products 
that  are  invariably  engaged  in  commerce? 

Mr.  Tayler,  of  Ohio.  If  the  court  has  so  held,  this  provision  is  harmless.  It  can 
not  be  useless  in  that  it  gathers  and  gives  to  the  country  useful  information  respect- 
ing that  subject.  But  Congress  has  absolutely  no  power,  although  my  friend  inti- 
mates that  it  has,  over  the  subject  of  manufactures;  al)Solutely  none,  for  that  has  a 
locus  within  the  sovereign  State,  and  Congress  can  in  no  wise  exercise  control  over 


LEGISLATIVE    HISTORY  615 

the  niero  operation  of  iiiantifactnrinir,  whatever  it  may  do  with  the  pnxhict  of  tliat 
inanufaeture. 

jNIr.  De  Armond.  j\lr.  ChairmaTi,  I  think  the  gentleman  from  Ohio  hardly  gives 
siitiicient  weight  to  a  part  of  thin  lirovinion  sought  to  he  stricken  out.  I  take  it  that 
this  provision  is  in  for  a  i)urpose,  that  the  words  are  put  int(j  it  for  otlice,  tliat  they 
are  not  merely  idle  and  incidental.  Here  is  what  is  said  in  section  (5,  among  other 
things: 

It  shall  be  the  province  ami  duty  of  said  Bureau,  under  the  direction  of  the  Secretary,  to  exercise 
such  control  as  may  be  provided  by  law  over  every  insurance  company,  society,  or  association  trans- 
acting business  in  the  United  States  outside  of  the  State,  Territory,  or  District  wherein  the  .same  is 
organized. 

The  gentleman  makes  the  point  that  this  does  not  contain  the  legislation  for  carry- 
ing into  full  effect  that  provision.  But  it  contains  the  provision,  it  provi'les  for  a 
bureau  to  exercise  this  function,  to  have  control  and  to  actopt  rules  and  regulations 
for  every  in.«urance  company  or  association,  life,  tire,  marine,  or  of  whatever  kind, 
doing  hus^iness  outside  of  the  State  or  Territory  of  its  organization. 

Now,  every  State  in  this  Union,  I  presume — certainly  nearly  all  of  them — have 
laws  regulating  the  operation,  fixing  the  responsilMlities,  protecting  the  patrons  of 
insurance  companies  organized  beyond  their  borders  and  doing  business  within  the 
several  States.  That  power — however  wholesome,  constitutional,  well  organized, 
exercised  with  judgment,  satisfactory  to  the  people  for  the  protection  of  patrons — is 
to  be  minimized,  if  not  swept  away,  go  far  as  it  may  be  in  the  power  of  Congress  to  do 
it,  l)y  creating  a  Bureau  organized  and  authorized  to  provide  means  and  make  rules 
and  regulations  and  to  control  and  direct  the  operations  of  these  various  companies 
whenever  they  carry  on  business  outside  of  the  immediate  jurisdiction  Avhich  created 
them. 

What  is  to  become  of  the  State  laws  in  that  case?  Are  the  State  laws,  when  in 
conflict  with  the  regulations  and  rules  prescribed  by  this  Bureau,  to  control,  or  are 
they  to  give  way?  Is  there  to  he  a  conflict  to  be  settled  ])y  the  courts?  Evidently 
and  clearly  tl^e  proposition  of  the  f ramers  of  this  provision  is  to  give  to  this  Bureau,  a 
Bureau  of  tWis  new  Department,  the  control  of  the  vast  and  complex  insurance  busi- 
ness of  tiie  whole  United  States.  Becau.^e  it  is  a  fact  that  a  large  per  cent  of  all  the 
companies  not  only  exist  and  do  business  within  the  States  and  Territories  or  districts 
in  w'liirh  they  are  incorporated,  but  in  other  States  and  Territories  and  districts. 
Here  is  the  provision  intended  to  place  all  of  them  under  the  control,  subject  to  the 
jurisdiction  of  a  Bureau  in  this  new  Dejiartment  of  Commerce. 

It  is  iflle  to  say  that  legislation  is  not  lacking  to  enable  the  chief  of  this  Bureau  to 
acronij)iish  all  tliat  in  the  creation  of  the  Bureau  it  is  designed  shall  be  accomplished. 
If  there  is  reason  to  provide  this  Bureau  with  authority  and  power  and  scope  and 
jiurpose  in  it  to  exercise  these  functions,  then  there  is  reason  also  for  following  with 
legislation  furnishing  the  necessary  machinery  to  do  it.  How  idle  it  is  to  talk  about 
creating  this  Bureau  of  supervision  and  control  of  the  insurance  business  of  the 
country  and  say  that  you  have  no  f)urpose  to  legislate  further  to  carry  this  out. 

The  purpose,  clear  and  distinct,  is  to  follow  this  with  legislation  which  shall  sub- 
ject the  entire  insurance  business  of  the  United  States  to  the  dominion  of  a  bureati 
chief  in  the  city  of  Washington.     [Applause.] 

[Here  the  hammer  fell.] 

ilr.  HEPBrRN.  I  move  that  all  debate  on  the  amendment  and  the  section  close  in 
ten  minutes. 

The  motion  was  agreed  to. 

Mr.  Gardner,  of  New  Jensey.  Mr.  Chairman,  the  gentleman  from  Missouri  [Mr. 
De  Armond]  is  right  when  he  assumes  that  this  legislation  is  not  proposed  to  be 
passed,  and  the  foundation  distinctly  here  laid  for  future  legislation,  without  the 
expectation  of  making  this  a  Bureau  in  Washington  to  control  tlie  insurance  business 
of  the  United  States.  That  is  its  object.  Neither  the  gentleman  from  Ohio  nor  other 
gentlemen  ought  to  be  permitted  to  mislead  this  House  by  making  disclaimers  and 
talking  of  limitations  of  power,  about  which  I  much  fear  my  distinguished  friend 
from  Michigan  [Mr.  Corliss]  is  mistaken. 

Will  the  members  of  this  House  look  at  that  bill  and  tell  me  what  reason  can  lie 
discovered  for  not  incorporating  this  Bureau  in  the  Bureau  of  Corporations,  except 
the  o])ject  l)e,  as  shown  on  its  face,  to  give  the  Washington  Bureau  more  extreme 
power  over  insurance  corporations  than  j'ou  propose  to  give  an}'  bureau  over  any 
other  corjwration  in  the  United  States — trust  or  not.  The  declaration  of  the  bill  is 
specific — that  this  Bureau  is  to  exercise  such  control  as  may  be  provided  by  law. 
What  will  be  the  natural  source  of  law  on  this  subject? 

The  distinguished  gentleman  from  Ohio  is  a  sincere,  earnest,  and  aggressive  man. 
He  has  made  it  known  to  this  House  that  he  believes  the  in.surance  business  of  the 
United  States  ought  to  be  controlled  bv  a  Washington  bureau,  and  that  much  of  it 


616  LEGISLATIVE    HISTORY 

can  constitutionally  l)e  so  controlled.  He  has  put  his  belief  in  form  in  this  proposed 
legislation.  He  presides  over  the  committee  fron^  which  such  legialation  would  natu- 
rally come  here.  Why,  sir,  here  is  an  able,  distinguished,  and  truthful  source  of 
such  legislation  suggested,  and  here,  in  all  probability,  it  will  remain  a  potent  factor- 
in  the  Committee  on  Interstate  Commerce— until  that  unhappy  day  for  mortals  Avhen 
he  takes  his  seat  amid  the  everlasting  glories  of  the  cherubim.     [Laughter.] 

Why,  Mr.  Chairman,  of  what  are  gentlemen  dreaming  if  they  do  not  believe  that 
is  the  object  of  this  provision?  The  distinguished  gentleman  from  Ohio,  in  citing 
instances  in  which  the  proposed  bureau  might  be  useful,  has  referred  to  conditions 
which  might  arise  in  which  this  Bureau  would  have  jurisdiction,  not  alone  in  Ohio, 
Pennsylvania,  New  Jersey,  but  in  the  Empire  of  Germany  and  Austria.  That  is 
where  the  difficulty  he  instanced  was  located,  and  it  was  the  only  instance  cited  in 
which  such  a  bureau  might  have  been  utilized. 

The  question  presented  to  this  House  by  the  proposed  legislation  is  whether  you 
will  here  lay  the  foundation,  build  the  machinery,  with  a  power  behind  it  to  acconi- 
plish  the  ultimate  purpo.se,  to  take  absolute  national  control  of  the  insurance  busi- 
ness, to  supersede  and  destroy  the  insurance  department  of  every  State.  As  I  said 
this  morning,  I  know  that  the  Ijeiief  and  the  hope  is,  with  this  bill  as  a  foundation, 
to  escape  State  regulation,  and  that  this  whole  question,  the  opinion  of  the  gentle- 
man from  Michigan  to  the  contrary  notvrithstanding,  can  be  beaten  into  such  shape 
as  to  be  clearly  matter  of  interstate  commerce. 

Look  at  the  peculiar  language  of  this  bill.     In  the  section  that  creates  a  Bureau  of 
Corporations  the  corporations  are  specificallv  limiJ^pd  to  doing  the  thmgs  recited  by 
the  gentleman  from  Ohio— collecting  statistics  and  di't,seminating  useful  information; 
not  one  word  of  power,  or  the  suggestion  of  power,  exv.cpU  perhaps,  the  last  line 
"and  such  other  duties  as  may  hereafter  be  prescribed  by  i<!^w. 

The  Chairman.  The  time  of  the  gentleman  has  expired. 

Mr.  Hepburn  rose. 

Mr.  Gardner,  of  New  Jersey.  I  would  like  to  have  one  minute  ni>ore. 

The  Chairman.  The  gentleman  from  Iowa  [Mr.  Hepburn]  is  recognJ'^ed. 

Mr.  Hepburn.  Mr.  Chairman,  in  my  judgment,  if  the  gentleman  from  New  Jer.sey 
[Mr.  Gardner]  had  more  of  courage  and  more  of  hope  he  would  not  be  so  J^unorous 
with  regard  to  this  bill.  He  has  not  been  able  to  discover  how  harm  could  ]i'9*^^''^'y 
result  to  any  individual  under  the  present  proposed  legislation.  His  only  claini  ^'^d 
the  only  contention  that  he  makes  is  that  in  some  later  day,  by  usurpation,  by  unj'^^t 
legislation.  Congress  may  indulge  in  an  enactment  that  may  harm  the  State  intert'^t 
and  State  control  over  insurance  companies.  ' 

Mr.  Chairman,  is  not  this  the  trouble:  The  gentleman  is  afraid  of  a  control  that 
will  bring  publicity  into  the  doings  of  those  vile  and  infamous  corporations  that  are 
created  so  lavishly  by  his  State,  and  from  which  his  State  derives  an  annual  revenue 
of  millions  of  dollars?  [Applause.]  I  do  not  blame  him  for  looking  out  for  the 
moneyed  interests  of  his  State,  while  it  is  creating  these  bogus  corporations  to  operate 
and  prey  upon  the  people  of  the  other  States. 

Mr.  Gardner,  of  New  Jersey.  That  is  an  ab-solute  misstatement,  and  it  has  no 
application  to  this  question.     We  have  not  organized  an  insurance  company  there. 

Mr.  Hepburn.  Oh,  well,  I  did  not  say  "insurance  company,"  I  said  "company." 

Mr.  Gardner  of  New  Jersey.  Then  the  expression  had  no  application;  and  it  is 
not  true. 

Mr.  Hepburn.  Do  not  interrupt  me,  if  you  please. 

Mr.  Gardner,  of  New  Jersey.  I  will  not;  but  if  you  state  as  fact  what  is  not  so,  I 
I  must  correct  you. 

Mr.  Hepburn.  I  want  to  say  that  these  fears  of  my  friend  from  New  Jersey  are 
entirely  groundless.  What  are  the  limitations  of  this  bill?  What  can  l)e  done 
under  it? 

It  shall  be  the  province  and  duty  of  said  Bureau,  under  the  direction  of  the  Secretary,  to  exercise 
such  control  as  may  be  provided  by  law  over  every  insurance  company,  society,  or  association  trans- 
acting business  in  the  United  States  outside  of  the  State,  Territory,  or  district  wherein  the  same  is 
organized. 

Mr.  Gardner,  of  New  Jersey.  May  I  ask  the  gentleman  a  question? 

Mr.  Hepburn.  No,  sir.  The  only  control  is  that  which  is  authorized  by  law,  by 
the  law  of  Congress,  by  what  this  House  at  some  future  time  may  do.  Now,  then, 
let  me  go  a  little  further — "to  foster,  promote,  and  develop  the  various  insurance 
indn.«tries  of  the  United  States."  How?  How?  By  exempting  them  from  taxation? 
No!  By  interfering  with  the  powers  of  the  States?  No!  But  how?  Simply  by 
gathering  information  as  to  how  they  are  conducting  their  business,  as  to  what  is 
their  solvency,  what  right  they  have  to  appeal  to  the  confidence  of  the  peo]ile  and 
to  pubhsh  it  to  the  world.  That  is  the  limitation.  That  is  all  that  tliey  can  do  under 
this  statute,  and  any  statement  to  the  contrary  is  to  mislead,  to  humbug  somebody, 


LEGISLATIVE    HISTORY  61 7 

to  aid  the  gentleman  to  protect  and  foster  the  peculiar  methods  that  his  State  has  of 
jiuyino;  its  expenses  ))y  turning  loose  a  flood  of  cormorants  to  prey  upon  the  balance 
of  mankind.     [Applanse.]     Mr.  Chairman,  I  ask  for  a  vote. 

Mr.  iSiiACKLEFOKD.  jNIr.  Chairman,  may  1  ask  a  question  of  the  gentleman  before 
he  takes  his  seat? 

Mr.  Hepburn.  I  call  for  a  vote. 

The  Chairman.  Tim  question  is  on  the  amendment  offered  by  the  gentleman  from 
Michigan. 

Mr.  Thayer.  Mr.  Chairman,  what  is  the  amendment? 

The  Chairman.  AViliiout  objection,  the  Clerk  will  again  report  the  amendment. 

There  was  no  objection. 

The  Clerk  read  as  follows: 

strike  out  all  of  section  G. 

The  Chairman.  The  question  is  on  the  amendment. 

The  question  was  taken;  and  on  a  division  (demanded  l)y  several  members)  there 
were — ayes  88,  noes  78. 

Mr.  Hepburn.     Mr.  Chairman,  I  demand  tellers. 

Tellers  were  ordered. 

The  committee  again  divided;  and  the  tellers  reported — ayes  98,  noes  81. 

So  the  amendment  was  agreed  to. 

The  Clerk  read  as  follows: 

Sec.  8.  That  the  jurisdiction,  supervision,  and  control  now  possessed  and  exerci.scd  by  the  Depart- 
ment of  the  Treasury  over  the  fur-seal,  salmon,  and  other  fisheries  in  Alaska,  as  well  as  over  Chinese 
immigrration,  including  the  authority  conferred  by  the  various  acts  in  relation  to  the  exclusion  of 
Chinese  upon  collectors  of  customs,  be,  and  the  same  hereby  are,  transferred  to  and  vested  in  the 
Department  of  Commerce  and  Labor;  and  the  Secretary  of  Commerce  and  Labor  shall  designate 
officials  of  his  Department  to  perform  the  duties  and  exercise  the  authority  now  conferred  upon  col- 
lectors of  customs  or  other  officials  of  the  Treasury  Department  (who  are  not  hereby  transferred  to 
the  Department  of  Commerce  and  Labor)  in  regard  to  Chinese  exclusion  and  immigration. 

Mr.  Mann.  i\Ir.  Chairman,  I  offer  the  following  amendment,  which  I  will  send  to 
the  desk  and  ask  to  have  read. 
The  Clerk  read  as  follows: 

Amend  by  striking  out  all  of  section  8  and  inserting  in  place  thereof  the  following: 
"Sec.  8.  That  the  jurisdiction,  supervision,  and  control  now  possessed  and  exercised  by  the 
Department  of  the  Treasury  over  the  fur-seal,  salmon,  and  other  fisheries  of  Alaska,  and  over  the 
immigration  of  aliens  into  the  United  States,  its  waters,  territories,  and  any  place  subject  to  the  juris- 
diction thereof,  are  hereby  transferred  and  vested  ni  the  Department  of  Commerce  and  Labor.  That 
the  authority,  power,  and  jurisdiction  now  possessed  and  exercised  by  the  Secretary  of  the  Treasury 
by  virtue  of  any  law  in  relation  to  the  exclusion  from  and  the  residence  withni  the  United  States,  its 
territories,  and  the  District  of  Columbia,  of  Chinese  and  persons  of  Chinese  descent,  are  hereby  trans- 
ferred to  and  conferred  upon  the  Secretary  of  Commerce  and  Labor,  and  the  authority,  power,  and 
jurisdiction  in  relation  thereto  now  vested  by  law  or  treaty  in  the  collectors  of  customs  and  the  col- 
lectors of  internal  revenue  are  hereby  conferred  upon  and  vested  in  such  officers  under  the  control 
of  the  Commissioner-General  of  Immigration  as  the  Secretary  of  Commerce  and  Labor  may  designate 
therefor." 

The  Chairman.  The  question  is  on  the  amendment  offered  by  the  gentleman  from 
Illinois. 

Mr.  De  Armond.  Mr.  Chairman 

The  Chairman.  The  Chair  has  recogiii/;ed  the  gentleman  from  Illinois. 

Mr.  ]\Iann.  ]\Ir.  Chairman,  I  am  perfectly  willing  to  yield  to  the  gentleman  from 
Missouri.  I  may  say,  h'owever,  that  this  is  an  amendment  which  Avas  originally 
prepared  by  th/^  gentleman  from  California  [Mr.  Cootnbs]  in  connection  with  the 
-G&lTmTissioner-General  of  Immigration,  and  it  simply  safeguards  the  provisions  in 
reference  to  the  exclusion  of  Chinese,  so  that  the  proper  transfer  of  authority  from 
the  Treasury  Departtnent  to  the  proposed  Department  of  Connnerce  is  made  and 
protected.     There  is  no  other  ])urpose  in  making  the  amendment. 

Mr.  Lacev.  iSIr.  Chairman,  I  would  ask  the  gentleman  if  this  proposed  amend- 
ment changes  the  effect  in  any  way  of  the  law  in  relation  to  the  fur-seal  fisheries? 

Mr.  Mann.  It  does  not. 

The  Chairman.  The  gentleman  from  Missouri  [Mr.  De  Armond]  will  now  be 
recognized,  if  he  desires  to  speak.  The  question  now  is  on  the  amendment  offered 
by  the  gentleman  from  Illinois. 

The  amendment  was  agreed  to. 

Mr.  Stewart,  of  New  Jersey.  Mr.  Chairman,  I  ask  unanimous  consent  to  return  to 
section  7  in  order  to  supply  an  evident  omi.ssion. 

The  Chairman.  The  gentleman  from  New  Jersey  asks  unanimous  consent  to 
return  to  section  7  of  the  bill.     Is  there  objection? 

Mr.  Mann.  For  what  purpose? 

Mr.  Stewart,  of- New  Jersey.  For  the  purpose  of  offering  an  amendment. 

Mr.  Hepburn.   What  is  the  amendment? 


618  LEGISLATIVE    HISTORY 

i\Ir.  Stewart,  of  New  Jersey.  The  appointing  power  is  not  inserted.  It  is  an  evi- 
dent omission.  The  words  "who  shall  be  appointed  by  the  President"  should  be 
inserted. 

Mr.  Mann.  Mr.  Chairman,  there  should  be  a  provision  in  the  section  providing 
that  he  shall  be  appointed  Ijy  the  President.  I  have  no  objection  to  returning  to  the 
section  for  that  purpose. 

The  Chairman.  The  gentleman  from  New  Jersey  asks  unanimous  consent  to  return 
to  section  7  for  tlie  purpose  of  submitting  the  amendment  lie  has  referred  to.  Is 
there  objection? 

There  was  no  objection. 

Mr.  Mann.  Mr.  Chairman,  I  liave  the  amendment  already  prepared.  Let  it  be 
offered  as  coming  from  the  gentleman  from  New  Jersey. 

The  Chairman.  The  gentleman  from  New  Jersey  offers  the  amendment  which  the 
Clerk  will  report. 

The  Clerk  read  as  follows: 

In.sert  in  line  20,  page  13,  after  tlie  word  "bureau,"  tlie  following:  "shall  be  appointed  by  the 
President  and." 

The  Chairman.  The  question  is  on  agreeing  to  the  amendment. 
The  amendment  was  agreed  to. 
The  Clerk  read  as  follows: 

Sec.  9.  That  the  Secretarj'  of  Commerce  and  Labor  shall  annually,  at  the  close  of  each  fiscal  year, 
make  a  repnrt  in  writing  to  Congress,  giving  an  account  of  all  moneys  received  and  disjicrscd  by  him 
and  liis  Iicpartment  and  describing  the  work  done  by  the  Deparlincnt  m  fostering,  pidiuotiiig,  and 
develii]iing  the  foreign  and  domestic  commerce,  the  mining,  manufacturing,  shiii]iiug,  and  lislicry 
industries,  the  transportation  facilities,  and  insurance  b\isiuess  of  the  United  States,  and  making 
such  recommendatii>ns  as  he  shall  deem  necessary  for  tlie  effective  performance  of  the  duties  and 
purposes  of  tlie  Department.  He  shall  also  from  time  to  time  make  such  special  investigations  and 
reports  as  he  may  be  required  to  do  by  the  President,  or  by  either  House  of  Congress,  or  which  he 
himself  may  deem  necessary  and  lu-gent. 

Mr.  De  Armond.  I  move  to  strike  out,  in  line  2,  page  15,  the  words  "and  insur- 
ance business." 

The  Clerk  read  as  follows: 

Page  15,  line  2,  after  the  word  "  facilities,"  strike  out  the  words  "and  insurance  business." 

Mr.  Mann.  We  are  perfectly  willing  to  have  that  amendment  adopted. 

The  amendment  was  agreed  to. 

Mr.  Mann.  I  move  to  amend,  by  inserting  in  line  1  of  the  same  page,  before  the 
word  "the,"  the  word  "and." 

Tlie  amendment  was  agreed  to. 

Mr.  Mann.  Mr.  Chairman,  the  same  amendment  ought  to  be  in.serted  in  sections. 

The  Chairman.  The  gentleman  from  Illinois  asks  unanimous  consent  to  return  to 
section  3  for  the  purpose  of  offering  the  amendment  which  he  has  stated.  Is  there 
objection? 

There  was  no  objection. 

The  Clerk  read  as  follows: 

Page  9,  line  22,  after  the  word  "  interesfo"  and  before  the  word  "  the,"  insert  "  and." 

The  amendment  was  agreed  to. 

Mr.  Gaines,  of  Tennessee.  Mr.  Chairman,  I  desire  to  OH'^^  ^^^  amendment  to  the 
bill  in  the  nature  of  a  new  section. 

r.i^^?'' ^•n^"*'''^^''-  The  gentleman  from  Tennessee  offers  an  amendmcf^'  -"il'dflU'i^ 
Olerk  will  report.  >  ■•- 

The  Clerk  read  as  follows: 

th  J''^ml'f>f''°,?f  X"oraUon  "comll.f.fv^  nersor^' '"  '^^  Postmaster-Gencral  of  the  United  States 
in.suranceandhavrfairedtocom     V  w  nlin?^^^^  «Jf  carrying  on  the  business  of 

business  is  carried  on  includin  ™tl  e  "/■  V  l  T^rulf.^  the  State  or  States  or  Territories  where  such 
companies,  person  or  persons  an    nnm^^  '"'^'^  corporation  or  licensing  such 

of  the  United  States  iL  IS  an  hVfri^ed  and  ^^.  f/'^  such  information  with  the  Postmaster-General 
persons  from  the  isVof  tho  ,;..ni  ,„  'lirectcd  to  exclude  such  corporation,  companv,  person   or 

Ld  iu^^Jli^^^i^^S^l^- -^^>-fi,- ll--;,]^!!. i^^^^      ^-'--.  -"^-  Penalt?  of  SS^UO 

ins^raiSe'^S  ?^ J^""^f  ^^-  Mr  Chairman  I  am  just  as  anxious  to  curb  "wild-cat 
S  Henhnrnl  Tf  ^ ''"h" ''^°/^P°''^'^^  **"^  bill,  or  the  gentleman  from  Iowa 
becauS  "  nJnL  J-  ^f^tleman  knows  that  I  objected  to  tliat  section  in  the  bill 
Coifr  of  the  Fn  1  VT  ^°"?"^^^^?-  .  The  highest  court  in  the  land,  the  Supreme 
L.ourt  of  the  L  luted  States,  said  so  in  the  Hooper  case  (155  U.  S  Kenorts)  which  T 
cited  in  my  speech  on  this  subject  two  days  ago.  ^  '^^  ^- ^-  i^eportsj,  ^^  Inch  1 

r^nuZ^'J luT'^^^'^fn''''  P'"''"'''  ^'"'^  ^"^'"'«  "«  ''^^''^^e  lines,  and  that  is  the  post-office 
po«  er  of  the  Federal  Government.     There  are  no  State  lines  or  powers  involved  S 


LEGISLATIVE    HISTORY  619 

that  exclusive  grant  of  power.  All  there  is  in  the  Constitution  on  this  power  is 
"that  the  Congress  shall  have  the  i>n\ver  to  establish  post-offices  and  post-roads." 
From  this  flows  our  mail  service. 

We  have  excluded  from  the  use  of  the  mails  all  obscene  literature,  etc.,  whether 
in  letters  or  jjapers,  and  many  other  things  in  derogation  of  public  morals  and  good 
society.  This  we  all  know,  and  the  courts  uphold  such  laws.  We  excluded  the 
Louisiana  lottery  from  the  mails  and  drove  it  out  of  the  United  States. 

Now,  my  amendment  is  simply  a  new  section,  which  says  in  substance  that  when 
the  Department  of  Commerce  shall  investigate  to  find,  and  if  it 'does  find,  that  any 
person,  insurance  company,  or  corporation  has  failed  to  comply  with  the  laws  of  the 
State  or  Territory  authorizing  them  to  operate,  or  the  laws  of  the  State  or  Territorj' 
in  w  Inch  th(>v  are  operating,  then  this  fact  is  to  be  reported  to  the  Postmaster- 
(Tcneral  of  the  United  States,  who  by  this  amendment  is  authorized  and  directed  to 
exclude  such  concerns  or  persons  from  the  use  of  the  mail. 

This  measure  strikes  at  all  lawless  insurance  concerns,  but  especially  those  who 
have  no  agents,  but  procure  insurance  through  the  mail.     They  often  do  this: 

First.  They  get  out  a  charter,  a  charter  only  in  one  State — say  New  Jersey.  They 
do  nothing  more.  They  fail  to  comply  with  the  "operating"  laws  of  New  Jensey. 
They  say:   "We  are  not  going  to  operate  in  New  Jersey." 

SecMind.  They  then  go  to  Chicago,  say,  and  get  an  office  and  possibly  a  license. 
They  do  not  want  to  insure  in  Illinois,  so  they  do  not  comply  with  the  operating 
laws  of  Illinois,  hurt  no  one  in  Illinois,  so  the  State  authorities  let  them  off  with  or 
without  a  license. 

Third.  They  then  from  Cliicago,  by  mail  and  not  by  agents,  get  insurance  in  Ten- 
nessee. The  ignorant  are  their  victims.  They  insure  this  class,  and  others,  too, 
sometimes,  I  know.  A  loss  occurs.  Premiums  paid  through  the  mail.  The  insurer 
is,  and  was  from  the  start,  bankrupt  and  robber,  and  nothing  can  be  collected  even 
if  the  insurer  can  be  found. 

Thus  using  the  mails,  the  State  insurance  commissioner  does  not  know  of  the 
insurer  until  too  late.  Why?  Because  the  whole  transaction  has  been  done  through 
the  mails,  over  which  he  has  no  control.  The  operators  are  luiseen.  The  loss 
occurs  because  the  insurer  stealthily  avoids  complying  with  all  State  laws  of  New 
Jersey,  Illinois,  and  Tennessee. 

This  Department  can  by  vigilant  action  discover  such  an  insurer  and  report  the 
facts  to  the  Postmaster-General  of  the  United  States,  and  then  he  will  exclude  the 
guilty  party  from  the  use  of  the  mail. 

The  recent  insurance  commissioners'  convention  approve  of  such  a  law  as  here 
proposed,  and  passed  resolutions  to  that  effect,  calling  on  Congress  to  act. 

I  may  add,  further,  that  the  treasurer  of  the  State  of  Tennessee,  Mr.  R.  E.  Folk, 
who  is  a  distinguished  brother  of  our  distinguished  prosecuting  attorney  in  St.  Louis, 
Hon.  Joseph  Folk,  late  of  Tennessee,  I  may  add,  urges  the  passage  of  such  a  measure. 
He  explained  this  evil  to  me  last  suyimer  and  recently. 

I  have  incorporated  in  this  amendment  the  judgment  of  that  great  insurance  body, 
Mr.  Folk's  as  well  as  my  own.  I  have  shown  to  you  that  the  law  is  with  us,  the 
Constitution  of  the  United  States  is  with  us,  precedents  are  with  us,  and  we  can 
exclude  from  the  mails  such  corporations  and  these  people  who  rob  the  lunnble  citi- 
zens of  this  country,  who  know  nothing  of  the  lawlessness  of  the  monsters  they  are 
dealing  with  or  their  irresponsibility. 

Mr.  LiviN'GSTON.  May  I  ask  the  gentleman  a  question? 

Mr.  Gaines,  of  Tennessee.  Yes. 

Mr.  Livingston.  As  you  have  excluded  all  jurisdiction  over  insurance  from  the 
bill,  how  can  the  Department  of  Commerce  ascertain  anything  about  it? 

Mr.  G.MNES,  of  Tennessee.  I  will  say  to  my  friend  I  did  that  because  the  Supreme 
Court  of  the  United  States  held  that  "insurance  is  not  commerce;"  hence  we  had  no 
jurisdiction  under  the  commerce  clause;  but  here  I  invoke  another  power  of  Con- 
gress— the  right  to  "establish  post-offices  and  post-roads" — that  is  under  the  exclu- 
sive control  of  Congress;  and  if  this  Department  says  that  these  wild-cat  insurance 
companies  or  persons  are  carrying  on  a  business  unlawfully  to  the  detriment  of  the 
pulilic  they  shall  not  use  the  mails. 

j\lr.  Livingston.  But  you  have  excluded  from  the  Bureau  that  jurisdiction. 

Mr.  G.MNES,  of  Tennessee.  Oh,  no;  I  am  giving  jurisdiction  by  a  new  section  of 
the  bill,  by  which  authority  is  given  to  the  Bureau  to  investigate  and  find  out 
whether  any  one  of  the  parties  named  is  conducting  a  wild-t'at  insurance  business  or 
not,  and  if  so,  the  Postmaster-General  shall  say:  "  You  shall  not  use  our  mails  to  rob 
the  people  of  this  country." 

Mr.  SiiACKLEFORD.  Mr.  Chairman,  I  have  never  heard  a  stronger  or  a  sounder 
argument  made  against  any  question  than  that  made  here  to-day  al)out  this  insur- 
ance clause  on  this  bill.     The  amendment  offered  by  the  gentleman  from  Temies.'-ee 


620  LEGISLATIVE    HISTORY 

is  open  to  the  same  objection.  In  the  good  old  State  of  Missouri  we  are  able  to 
determine  for  ourselves  whether  an  insurance  company  shall  have  our  business  or 
not,  and  I  believe  it  would  be  unsound  to  confer  upon  the  Secretary  of  Commerce 
any  power  to  determine  whether  an  insurance  company  was  conducting  its  business 
in  a  lawful  or  unlawful  manner. 

Mr.  Gaines,  of  Tennessee.  Will  the  gentleman  tell  us  how  the  people  of  Tennessee 
will  be  able  to  determine  whether  a  company  is  a  wild-cat  enterprise  that  is  not  com- 
plying with  the  laws  in  your  State;  simply  because  its  agents  come  into  my  State 
with  a  lot  of  stock? 

Mr.  SiiACKLEFORD.  lu  reply  to  the  gentleman  I  will  tell  him  how  we  do  that,  and 
how  Tennessee  can  do.  The  insurance  commissioner  is  clothed  with  authority  and 
power  to  compel  an  insurance  company  to  exhibit  everything  in  connection  with  it, 
to  make  a  complete  showing  to  the  insurance  commissioner,  and  under  the  laws  of 
our  State  our  commissioner  has  the  jwwer  and  authority  to  go  into  the  State  where 
the  insurance  company  is  incorporated  to  examine  the  books  and  securities;  and  it 
nmst  exhibit  everything  that  we  call  for,  so  that  when  the  commissioner  has  made 
his  examination  our  people  know  jjrecisely  whether  they  want  that  company  to  do 
business  in  our  State  or  not.  I  am  not  willing  to  do  anything  that  will  be  an  invita- 
tion to  the  Federal  Government  to  take  away  our  power  to  determine  that  for  our- 
selves. 

Mr.  Gaines,  of  Tennessee.  Have  the  States  any  control  over  the  mails? 

Mr.  SnACKLEFORD.  That  is  foreign  to  the  point  1  am  talking  about.  The  gentle- 
man's amendment  i)roposes  that  the  Secretary  of  Commerce  shall  determine  whether 
insurance  comi)anies  are  lawful  or  unlawful.  I  say  1  do  not  want  the  people  of  my 
State  put  in  the  position  where  the  Secretary  of  Commerce  will  have  the  power  to 
determine  for  them  whether  an  insurance  company  is  being  lawfully  conducted  or 
otherwise.  Our  people  will  determine  that  for  themselves.  Our  State  authorities 
will  determine  for  themselves.  We  have  ample  laws  authorizing  our  insurance  com- 
mission to  determine  whether  the  insurance  company  is  conducting  a  lawful  busi- 
ness, and  they  come  into  our  State  to  do  business  only  as  a  matter  of  grace.  We 
confer  that  grace  upon  none  that  fail  to  comply  with  our  laws.  But  if  you  per- 
mit the  Secretary  of  Commerce  to  sit  in  judgment  as  to  whether  a  certain  insurance 
company  is  conducting  a  lawful  or  unlawful  business,  you  have  taken  the  first  step 
toward  the  goal  of  Federalism,  to  which  4;he  insurance  companies  are  attempting  to 
lead  us. 

Mr.  Gaines,  of  Tennessee.  Just  a  moment,  Mr.  Chairman. 

Mr.  Mann.   I  make  the  point  of  order  that  debate  is  exhausted. 

The  Chairman.  The  gentleman  from  Illinois  makes  the  point  of  order  that  debate 
is  exhausted. 

Mr.  Gaines,  of  Tennessee.  I  move  to  strike  out  the  last  word. 

The  Chairman.  A  motion  to  strike  out  the  last  word  is  not  in  order. 

Mr.  Gaines,  of  Tennessee.  Then,  Mr.  Chairman,  I  ask  unanimous  consent  that  I 
may  have  two  minutes  to  reply  to  the  gentleman. 

The  Chairman.  The  gentleman  asks  unanimous  consent  that  he  may  have  two 
minutes.     Is  there  objection?     [After  a  pause.]     The  Chair  hears  none. 

Mr.  Gaines,  of  Tennessee.  Now,  1  want  to  say  to  my  good  friend  from  Missouri 
that  I  was  standing  with  our  State  commissioner  of  insurance,  Mr.  Folk,  a  brother  of 
your  Mr.  Folk,  and  an  insurance  agent  from  your  State,  and  both  asked  me  to  urge 
this  amendment. 

Now,  the  gentleman  talks  about  State  rights.  There  is  nothing  about  State  rights 
in  this  question.  The  Government  controls  absolutely  the  mails,  and  the  gentleman 
knows  that  the  people  in  his  State  have  not  the  money  to  send  out  their  agents  to 
Ohio,  New  Hampshire,  and  New  York,  to  find  out  whether  it  is  a  wild-cat  or  other 
insurance  company,  and  it  is  not  until  the  little  cabin  is  burned  down  that  the  peo- 
ple find,  when  it  is  too  late,  that  this  company  is  a  fraud,  stealing  the  people's 
money,  and  their  insurance  of  no  value. 

The  Chairman.  The  question  is  on  the  amendment. 

The  question  was  taken,  and  the  amendment  was  rejected. 

The  Clerk  proceeded  with  the  reading  of  the  bill,  and  read  as  follows: 

Sec.  13.  That  the  President  is  hereby  authorized  to  transfer,  by  order  in  writing,  at  any  time,  any 
office,  bureau,  division,  Oi-  other  branch  of  tlie  public  service  eupiKcd  in  statisticul  or  scientific  work, 
and  not  herein  transferred  to  or  included  in  tlie  I)ei>:irtnu'iit  of  Coininerce  and  Laljor,  to  said  Depart- 
ment of  Commerce  and  Labor;  and  in  every  sucli  case  the  duties  and  autliority  iierformed  by  and 
conferred  upon  sucli  office,  bureau,  iii\ision,  or  other  branch  of  the  ptibHc  service  so  transferred  shal^ 
be  transferred  with  sucli  otlicc,  l)ureau,  division,  or  other  branch  of  the  public  service,  and  al 
jHiwcr  and  authority  coiU\>rreil  by  law  upon  the  Department  trom  which  such  transfer  is  made,  or  ths 
Secri'tary  thereof,  sliall  immediately,  wlien  such  tiansfer  is  so  ordered  by  the  President,  be  fully  con- 
ferred ujion  and  vested  ill  the  Department  of  Commerce  and  Labor,  or  the  Secretary  thereof,  as  the 
case  may  be. 


LEGISLATIVE    HISTORY  621 

Mr.  Mann.   Mr.  Chairman,  by  direction  of  the  committer,  1   offer  the  following 

amendment: 

Aniend  by  striking  out  section  13  as  printed  and  inserting  in  place  thereof  tlie  following: 
"yKC.  13.  That  the  I'resident  1(0,  and  he  is  hereby,  authorized,  by  order  in  writing,  to  tran.sferat 
anv  time  the  wlmle  or  any  jiart  of  any  ofltice,  bureau,  division,  or  other  branch  of  the  public  service 
engaged  in  statistical  orscientitic  work,  to  the  Department  of  Commerce  and  Labor;  and  in  every  such 
case  the  duties  and  authority  performed  by  and  conferred  by  law  upon  siirh  ollice,  bureau,  <livision, 
or  other  branch  of  the  public  service,  or  the  part  thereof  so  transferred,  sliall  lie  thereby  transferred 
with  such  ottice,  bureau,  division,  or  other  branch  of  the  public  service,  or  tlie  jiart  thereof  which  is 
so  transferred.  And  all  power  and  authority  conferred  by  law,  both  supervisory  and  appellate,  upon 
tlie  I)epartment  from  which  such  transfer  is  nia<ie,  or  the  Secretary  thereof,  in  relntion  to  the  said 
ottice,  bureau,  division,  or  other  branch  of  the  pulilic  service,  or  the  part  thereof  so  transferred,  shall 
immediately,  when  such  transfer  i.s  so  ordered  by  the  I'resident,  be  fully  conferred  uiion  and  vested 
in  the  Department  of  Commerce  and  Labor,  or  the  Secretary  thereof,  as  the  case  may  lie,  as  to  the 
whole  or  part  of  such  office,  bureau,  division,  or  other  branch  of  the  public  service  so  transferred." 

]\Ir.  OvERSTREET.  Mr.  Chairman,  I  desire  to  offer  an  amendment  to  the  amend- 
ment, hut  in  the  absence  of  any  printed  copy  of  the  amendment  offered  by  the  gen- 
tlemen from  Illinois  I  am  unable  to  state  the  particular  line  to  which  my  amendment 
should  be  offered.  I  have  my  amendment  prepared  for  the  present  l)ill  as  ])rinted. 
I  move  to  amend  the  amendment  by  inserting,  after  the  word  "labor,"  in  line  5  of 
the  written  amendment 

^[r.  jNIanx.  That  would  be  in  line  14  of  the  printed  bill. 

Mr.  OvERsTKEET  (continuing).  These  words  "or  the  Interstate  Commerce  Com- 
mission." 

]\Ir.  Maxn.  May  I  ask  the  gentleman  from  Indiana  whether  his  jjurpose  is  to  per- 
mit the  transfer  by  the  President  of  the  Interstate  Commerce  Commission  to  this 
Department? 

INIr.  OvERSTREET.  That  is  precisely  the  object  of  it. 

Mr.  Mann.  I  think,  then,  the  gentleman  has  got  it  in  the 'wrong  place. 

]\Ir.  OvERSTREET.  I  did  not  have  an  opportunity  to  read  the  amendment  offered  by 
the  gentleman  from  Illinois,  but  prepared  my  amendment  with  reference  to  the 
printed  bill. 

Mr.  ]\[ann.  The  gentleman's  amendment  should  apply  after  the  word  "service" 
in  the  fourth  line. 

'Sir.  OvERSTREET.  The  gentleman  is  in  error,  because  the  words  "other  branch  of 
the  public  service  engaged  in  statistical  or  scientific  work" 

Mr.  Mann.  The  gentleman  is  correct.     It  should  be  after  the  word  "  work." 

3Ir.  OvERSTREET.  1  am  quite  agreeable,  Mr.  Chairman,  that  the  amendment  should 
be  considered  at  its  proper  place. 

The  Chairman.  The  amendment  offered  by  the  gentleman  from  Indiana  will  be 
modified  to  that  extent. 

Mr.  OvERSTREET.  Mr.  Chairman,  the  effect  of  this  amendment  is  clearly  to  author- 
ize the  President,  by  Executive  order,  to  transfer  to  the  Department  of  Commerce 
the  Interstate  Commerce  Commission.  The  only  purpose  of  the  organization  of  this 
Department  is  to  extend,  as  far  as  jtossible,  complete  supervision  by  the  Government 
over  commerce,  and  to  dignify  commerce  by  a  position  in  the  Cabinet  through  a 
representative.  It  seems  to  me,  Mr.  Chairman,  that  the  organization  of  the  Bureau 
of  Commerce,  or  the  Department  of  Commerce,  without  covering  into  that  Depart- 
ment the  Interstate  Commerce  Commission,  would  be  eijual  to  an  attem[)t  to  perform 
the  play  of  Hamlet  without  that  distinguished  Shakesj)earean  character.  The  only 
branch  of  the  public  service  to-day  that  has,  by  authority  of  law,  any  supervision  of 
commerce,  is  the  Interstate  Commerce  Commission.  Leaving  it  as  an  independent 
branch  of  the  service,  without  the  supervision  of  any  officer  of  the  Department, 
would  lead,  in  my  judgment,  not  only  to  confusion,  but  re.sult  in  conflict  of  author- 
ity. It  would  du])licate  important  work,  and  greatly  increase  expense  in  both  De- 
partments. 

In  the  third  section  of  this  bill  provision  is  made  in  the  enumeration  of  the  duties 
of  this  Department  that  "it  shall  be  the  duty  of  said  Department  to  foster,  promote, 
and  develop  the  foreign  and  domestic  commerce,  the  mining,  manufacturing,  ship- 
ping, and  fisliery  industries,  the  labor  interests,  the  transportation  facilities."  And 
yet  there  is  no  provision  for  the  transportation  facilities  to  be  gathered  through  the 
Interstate  Commerce  Commission  nor  from  it  to  that  Department. 

In  section  9  of  the  bill  the  Secretary  of  Commerce  and  Labor  is  directed  to  place 
in  his  annual  report  certain  information  which  has  been  ol)tained  relative  to  "trans- 
portation facilities."  The  great  proportion  of  the  commerce  of  this  country  is  con- 
ducted over  and  by  means  of  transportation  lines.  The  failure  of  this  House  to  cover 
this  Commission,  which  to-day  exercises  a  peculiar  and  almost  complete  control,  so 
far  as  law  is  permitted  by  Congress  over  transportation  lines  into  the  new  Depart- 
ment, would  be  to  omit  the  most  imi)ortant  factor  of  the  Department  of  Commerce. 

The  Chairman.  The  time  of  the  gentleman  from  Indiana  has  expired. 


622  LEGISLATIVE    HISTOEY 

Mr.  LiTTLEFiELD.  Mr.  Chairman,  I  ask  unanimouH  consent  that  the  gentleman  be 
allowed  to  complete  his  remarks. 

Mr.  OvERSTREET.  I  Supplement  that,  Mr.  Chairman,  by  asking  that  we  have  thirty 
minutes  debate  on  this  question. 

Mr.  Mann.  If  the  gentleman  will  permit  me,  I  want  to  say  that  we  have  no  objec- 
tion— at  least  1  have  no  objection,  and  I  think  the  committee  has  no  objection — to 
the  introduction  of  this  provision  into  the  amendment,  if  there  is  any  question  as  to 
the  language  of  the  bill  permitting  this  transfer.  Of  course  the  gentleman's  amend- 
ment is  not  now  in  order. 

Mr.  OvEKSTREET.  I  am  not  sure  of  that. 

Mr.  Mann.  I  am  very  sure,  because  the  committee  has  offered  an  amendment  to 
the  amendment,  and  the  gentleman  can  not  offer  an  amendment  to  that  amendment. 
I  am  willing  that  the  gentleman  should  ask  unanimous  consent  to  put  it  in,  and  I 
hope  it  will  be  granted. 

Mr.  OvEKSTREET.  Then,  Mr.  Chairman,  if  there  is  no  objection  t(j  the  amendment, 
I  do  not  care  for  further  discussion. 

Mr.  Mann.  As  this  is  a  committee  amendment,  I  am  not  authorized  to  modify  it. 
The  committee  thought  that  the  present  language  would  be  sufticient.  If  there  is 
any  doubt  about  it,  of  course  I  presume  there  will  be  no  objection  to  a  suitable  modi- 
fication. 

Mr.  OvEKSTREET.  I  would  like  to  continue  my  remarks  for  not  more  than  tliree 
minutes. 

Several  Members.  Five  minutes. 

The  Chairman.  Unanimous  consent  is  asked  that  the  time  of  the  gentleman  from 
Indiana  l)e  extended  for  five  miiuites.     Is  there  objection?    The  Chair  hears  none. 

Mr.  OvERSTREET.  Mr.  Chairman,  I  was  about  to  suggest  that  when  the  Interstate 
Commerce  Commission  was  created  it  was  placed  in  the  Intericjr  Department.  Later, 
on  account  of  the  doubt  of  certain  ofiicers  of  that  Department  as  to  the  propriety  of 
the  supervision  of  the  Commission  by  the  head  of  the  Interior  Department,  it  was 
thought  advisable  to  niake  this  an  independent  Conunission,  and  it  was  given  that 
independence.  This  amendment  now  proposes  that  in  the  organization  of  this  new 
Department,  particularly  api:)licable  to  commerce,  we  shall  cover  this  Commission 
into  this  new  Department. 

I  have  certainly  no  objection  to  such  change  of  position  in  the  amendment  as  shall 
bethought  proper  to  accomplish  the  object;  but  certainly  members  of  the  House 
will  appreciate  the  importance  of  this  Commission  being  a  part  of  the  new  Department. 

Mr.  De  Armond.  Mr.  Chairman,  so  far  as  I  am  concerned,  this  is  a  first-blush 
proposition;  in  other  words,  it  is  a  thing  that  I  have  not  anticipated  and  have  not 
considered.  The  conclusion  I  reach  about  it  is  one  reached  hastily — one  which,  of 
course,  as  hasty  conclusions  often  are,  may  be  incorrect.  It  seems  to  me,  however, 
that  it  would  not  be  wise  to  put  the  Interstate  Commerce  Conunission  into  this 
Department,  under  this  control.  This  Commission  has  peculiar  functions  to  perform. 
The  members  are  supposed  to  be  selected  on  account  of  their  large  acquaintance  with 
affairs  and  their  fine  legal  equipment.  It  is  a  quasi-judicial  body.  Now,  to  make 
this  Commission  occupy  a  small  pigeonhole  in  a  large  cabinet  is  practically,  it  seems 
to  me,  to  rob  it  of  all  the  useful  functions  that  it  at  present  has  or  performs.  The 
Labor  Dei:)artment,  by  being  shoved  into  this  Department,  although  the  name  is  pre- 
served in  the  title,  instead  of  being  increased  or  exalted  in  dignity  or  importance,  is 
lessened,  is  minimized,  is  made  a  comparatively  trifling  thing. 

The  Interstate  Commerce  Commission  was  created  for  very  important  purposes, 
and  while  limited  in  its  power  and  circumscribed  perhaps  too  much  in  the  exercise 
of  such  power,  and  falling  far  short,  possibly,  of  what  it  would  be  desirable  to  have 
accomplished,  and  what,  perhaps,  its  members  attempt  to  accomplish,  is  yet  a  useful 
agency  of  the  Government,  and  its  usefulness,  in  my  judgment,  can  not  be  increased 
or  enhanced  by  this  change. 

Now  it  is  independent;  it  stands  out  by  itself.  Make  this  change,  and  it  becomes 
a  small  part — comparatively  an  insignificant  ]iart — of  a  very  considerable  whole.  Its 
prestige,  in  large  part,  will  vanish.  Its  jiowers,  instead  of  being  augmented  or  yer- 
fected,  will  likely  be  diminished;  and  the  members  of  that  Commission,  instead  of 
being  regarded,  as  they  are  now,  as  able  lawyers,  selected  on  account  of  their  ability, 
will  drop  to  the  level  of  ordinary  bureau  employees.  By  this  remark  I  by  no  means 
intend  to  reflect  upon  anybody  in  bureau  employment  or  anybody  in  any  Govern- 
ment employment;  but  I  say  that  this  body  will  lose  in  dignity,  lose  in  importance, 
lose  in  power,  lose  in  usefulness  by  transferring  it  to  this  Department  and  placing 
it  under  this  control. 

That  is  my  impression  at  first  blush,  as  I  say,  not  having  given  the  subject  consid- 
eration, as  i)erhaps  the  gentleman  from  Indiana  [Mr.  Overstreet]  has  done.  But  it 
seems  to  me  that  my  impression  is  based  upon  fundamentals,  a  consideration  of 


LEGISLATIVE    HISTORY  623 

whic'li,  for  whatever  length  of  time,  would  only  tend  to  contirni  and  strengthen  the 
impression. 

This  Commission  had  better  be  left  standing  where  it  is.  Leave  it  by  itself.  There 
is  enough  already  provided  in  this  bill  for  this  minister  and  this  minister's  aids  and 
assistants  to  discharge  and  perform.  Let  this  Commission  stand  out  to  be  as  useful 
as  it  may  l)e;  and  when  you  make  changes  concerning  it,  increase  its  scope  and 
l)Ower,  rather  than  diminish  them,  as  would  be  done,  I  think,  by  the  adoption  of 
this  amendment. 

The  Chairman.  The  question  is  on  the  amen(hnent  to  the  amendment  as  offered 
by  the  gentleman  from  Indiana  [Mr.  Overstreet]. 

Mr.  Overstreet.  I  do  not  know  but  that  in  the  present  imrliamentary  position  the 
amendment  might  strictly  be  out  of  order.  Perhaps  it  would  be  proper  to  ask  that 
it  be  considered  in  order  by  unanimous  consent. 

The  Chairman.  The  Chair  would  rule  that  an  objection  at  this  time  would  come 
too  late.     The  question  is  on  the  amendment  of  the  gentleman  from  Indiana. 

The  question  being  taken,  there  were — ayes  72,  noes  74. 

IMr.  Overstreet.  I  call  for  tellers. 

Tellers  were  ordered;  and  Mr.  Overstreet  and  Mr.  De  Armond  were  appointed. 

The  committee  again  divided;  and  the  tellers  reported — ayes  99,  noes  88. 

So  the  amendment  to  the  amendment  was  agreed  to. 

The  Chairman.  The  question  now  is  upon  the  amendment  as  amended. 

The  question  was  taken,  and  the  amendment  as  amended  was  agreed  to. 

The  Clerk  read  as  follows: 

Sec.  14.  That  this  act  shall  take  effect  and  be  enforced  from  and  after  its  passage. 

Mr.  Mann.  Mr.  Chairman,  I  offer  the  the  following  amendment,   \\hich  I  will 
send  to  the  desk  and  ask  to  have  read. 
The  Clerk  read  as  follows: 

Amend  section  14  by  inserting  after  the  word  "passage,"  in  line  2,  page  18,  the  following: 
"Provided,  hoicercr,  That  the  provisions  of  this  act  in  relation  to  the  transfer  of  any  existing  office, 
bnreau,  division,  officer,  or  other  branch  of  the  public  service  or  authority  now  conferred  thereon  to 
the  Department  of  Commerce  and  Labor  shall  take  elfect  and  be  in  force  on  the  1st  day  of  July,  1903 
and  not  before." 

The  Chairman.  The  question  is  on  agreeing  to  the  amendment. 

The  amendment  was  agreed  to. 

The  Chairman.  The  question  now  is  on  agreeing  to  the  substitute  as  amended. 

The  question  was  taken,  and  the  substitute  as  amended  was  agreed  to. 

ilr.  Hepburn.  3Ir.  Chairman,  I  move  that  the  committee  do  now  rise  and  report 
the  su))stitute  to  the  House  as  amended  with  the  recommendation  that  the  bill  with 
the  amendment  in  the  nature  of  a  substitute  do  pass. 

The  motion  was  agreed  to. 

The  committee  accordingly  rose;  find  the  Speaker  pro  tempore,  Mr.  Dalzell,  hav- 
ing resumed  the  chair,  Mr.  Lawrence,  Chairman  of  the  Committee  of  the  Whole 
House  on  the  state  of  the  Union,  reported  that  that  committee  had  had  under  con- 
sideration the  bill  (S.  569)  to  establish  the  Department  of  Commerce  and  Labor  and 
had  directed  him  to  report  the  same  back  with  an  amendment  in  the  nature  of  a 
substitute,  with  the  recommendation  that  the  substitute  be  agreed  to,  and  that  the 
bill  as  amended  do  pass. 

Mr.  Hepburn.  I\Ir.  Si>eaker,  I  move  to  strike  out  all  after  the  word  "that"  in  the 
first  section  and  insert  the  following,  which  I  will  send  to  the  desk  and  ask  to  have 
read,  and  upon  that  question  and  upon  the  substitute  to  its  passage  I  demand  the 
previous  question. 

The  Speaker  pro  tempore.  The  gentleman  from  Iowa  moves  to  amend  the  substi- 
tute, as  reported  from  the  Committee  of  the  Whole,  in  words  as  follows,  which  the 
clerk  Avill  now  report. 

]\Ir.  Adamson.  Mr.  Speaker,  I  rise  to  a  parliamentary  inquiry. 

The  Speaker  pro  tempore.  The  gentleman  will  state  it. 

Mr.  Adamson.  I  desire  to  ask  if  we  wall  be  shut  out  from  asking  for  separate  votes 
upon  the  various  amendments  agreed  upon  in  the  Committee  of  the  Whole  House 
on  the  state  of  the  Union. 

The  Speaker  pro  tempore.  The  Chair  will  state  to  the  gentleman  from  Georgia 
that  there  are  no  amendments  upon  which  separate  votes  could  be  had.  The  report 
of  the  Chairman  of  the  Committee  of  the  Whole  House  was  upon  an  amendment  in 
the  nature  of  a  substitute  which  had  been  perfected. 

Mr.  Adamson.  Then  rather  than  strangle  and  bottle  the  Interstate  Commerce  Com- 
mission, we  will  have  to  vote  against  the  bill. 

Mr.  Richardson,  of  Alabama.  Mr.  Speaker,  I  rise  to  a  parliamentarj^  inquiry. 

The  Speaker  pro  tempore.  The  gentleman  will  state  it. 


624  LEGISLATIVE    HISTORY 

Mr.  Richardson,  of  Alabama.  I  desire  to  know,  as  representing  the  minority  on 
the  committee,  what  would  be  the  proper  time,  parliamentarily  speaking,  for  me  to 
offer  a  motion  to  recommit  with  certain  instructions. 

The  Speaker  pro  tempore.  After  tlie  third  reading  of  the  Senate  bill.  The  Clerk 
will  report  the  amendment  offered  by  the  gentleman  from  Iowa. 

Mr.  CoKLiss.  Mr.  Speaker,  I  rise  to  a  parliamentary  inquiry. 

The  Speaker  pro  tempore.  The  gentleman  will  state  it. 

Mr.  Corliss.  The  motion,  as  I  understand  it,  is  to  sul)stitute  the  bill  or  measure 
proposed  by  the  chairman  of  the  committee  in  lieu  of  the  one  which  has  been  con- 
sidered and  amended  in  the  Connnittee  of  the  Whole.     Is  that  right? 

The  Speaker  pro  tempore.  The  motion  of  the  gentleman  from  Iowa  is  to  amend 
the  substitute  reported  by  the  Committee  of  the  Wliole  House  on  the  state  of  the 
Union  in  the  words  that  the  Clerk  will  now  report. 

Mr.  Hepburn.  Mr.  Speaker,  for  the  purpose  of  saving  time,  if  the  gentleman  will 
permit  me 

Mr.  Corliss.  Yes;  I  would  like  to  understand. 

Mr.  Hepburn.  The  only  change  in  this  amendment  that  I  have  made  from  the 
substitute  as  it  has  been  amended  is  the  restoration  of  the  words  "insurance,"  etc., 
and  the  restoration  of  the  sixth  section. 

Mr.  Corliss.  I  submit  that  we  have  a  right  to  a  separate  vote  on  that  question. 
It  was  impossible  to  ascertain  the  purpose  of  tlie  gentleman  because  the  amendment 
has  not  been  read.     Now,  we  demand  a  separate  vote  uiaon  that  question. 

The  Speaker  pro  tempore.  Of  course  the  House  will  vote  on  the  motion  of  the 
gentleman  from  Iowa. 

INIr.  Corliss.  I  sul)mit  that  under  the  rules  we  have  a  right  to  a  vote  on  each 
amendment;  but  as  I  understand  the  proposition,  it  is  to  put  all  these  things  in  and 
vote  on  the  bill  as  a  whole  with  them  in. 

Mr.  Hepburn.  You  can  vote  on  my  motion. 

Mr.  Corliss.  But  your  motion  includes  all  these  things. 

The  Speaker  pro  tempore.  The  Chair  will  state  the  parliamentary  situation:  The 
Senate  passed  a  bill  (S.  569)  to  establish  a  Department  of  Commerce  and  Labor  and 
sent  it  to  the  House.  The  House  sent  the  bill  to  its  Committee  on  Interstate  and 
Foreign  Commerce.  That  Committee  reported  the  bill  to  the  House,  striking  out  all 
after  the  enacting  clause,  and  offering  one  single  amendment  by  way  of  a  substitute. 
The  Committee  of  the  Whole,  in  the  consideration  of  that  amendment  by  way  of 
substitute,  perfected  it  by  various  amendments,  but  of  those  amendments  the  House 
knows  nothing.  The  House  knows  nothing  except  what  it  has  learned  from  the 
report  of  the  Chairman  of  the  Committee  of  the  Whole,  and  he  rej^orted  that  the 
Committee  of  the  Whole  had  agreed  upon  an  amendment  in  the  nature  of  a  substi- 
tute to  the  Senate  bill. 

The  gentleman  from  Iowa  now  moves  to  amend  the  substitute  reported  by  the 
Committee  of  the  Whole  by  striking  out  all  after  a  certain  word  and  inserting  the 
following  language,  and  u[)on  that  the  House  will  have  an  opportunity  to  vote  when 
the  amendment  has  been  read. 

Mr.  Corliss.  One  further  inquiry.  Has  not  the  House  the  right  to  vote  upon  the 
amendment  reported  by  the  Committee  of  the  Whole  before  l)eing  forced  to  vote  upon 
the  Avhole  measure  as  amended?  I  raise  that  parliamentary  inquiry  and  object  to 
the  substitution  of  a  measure  which  reincorporates  into  the  bill  the  very  provisions 
which  we  have  stricken  out  in  the  Committee  of  the  Whole. 

The  Speaker  pro  tempore.  It  is  in  the  power  of  the  House  to  afRrm  the  action  of 
the  Committeof  the  Whole  by  voting  down  the  amendment.  The  Clerk  will  report 
the  amendment. 

The  Clerk  began  the  reading  of  the  amendment. 

Mr.  Hepburn  (interrupting  the  reading).  I  ask  unanimous  consent  that  the  reading 
may  be  dispensed  with.  The  only  change  is  in  section  3  and  in  the  sixth  section — 
the  insurance  section — which  was  stricken  out. 

Mr.  De  Armond.  Pending  that  request,  I  should  like  to  understand  whether  the 
gentleman  has  also  asked  the  previous  question,  so  as  to  cut  off  all  debate  on  that 
pnipos^ition. 

j\Ii'.  Hepburn.  I  have  tried  to. 

The  Speaker  jiro  tempore.  The  gentleman  will  have  to  be  recognized  for  that  mo- 
tion after  the  amendment  has  been  read. 

Mr.  Adamson.  I  should  like  to  asked  the  gentleman  from  Iowa  if  the  language 
proposed  to  be  read  includes  this  provision  to  transfer  the  Interstate  Commerce 
Commission. 

Mr.  Hepburn.  It  does. 

The  Speaker  pro  tempore.  The  Clerk  will  report  the  amendment. 


LEGISLATIVE    HISTORY  625 

Mr.  IIepuurn.  I  tliiuk  there  was  no  cibjection  to  suspending  the  reading. 

Mr.  De  Ar.mond.  Mr.  Speaker,  if  the  time  that  would  be  consunu'd  in  reading  this 
may  be  devoted  to  del)ate,  with  t)ther  reasonable  time  added  to  it,  I  think  there  will 
be  no  ol  )jeetion.  If,  however,  the  object  is  to  cut  off  all  debate,  I  think  we  had  better 
have  it  reati. 

]Mr.  Hepburn.  1  withdraw  the  request. 

Mr.  Corliss.  A  parliamentary  inquiry.  When  section  6  is  reached  in  tliis  reading, 
is  it  not  in  order  to  move  to  strike  that  out  of  the  projiosed  amendment? 

The  Speaker  ])ro  tempore.  That  would  be  an  amendment  in  the  third  degree. 
There  is  nothing  in  order  now  but  the  reporting  of  the  amendment. 

The  Clerk  resumed  the  reading  of  the  amendment,  as  follows : 

Strike  out  all  after  the  first  word,  "That,"  in  the  substitnte  amendment  proposed  by  the  Com- 
mittee ol"  the  Whole  House  on  the  state  of  the  Union  anil  insert  in  lieu  thereof  the  following:  "there 
shall  be  at  the  seat  of  governmentan  executive  department  to  be  known  as  the  Department  of  Com- 
merce and  Labor,  and  a  Secretary  of  Connneree  and  Labor,  who  shall  be  the  head  thereof,  who  shall 
be  appointeil  by  the  I'resident,  by  and  with  the  advice  and  consent  of  the  Senate,  who  shall  receive 
asalary  of  Ss.ouO  yier  annum,  and  whose  term  and  tenure  of  office  shall  be  like  that  of  the  heads  of 
the  other  Kxeculive  Departments;  and  section  IfiS  of  the  Revised  Statutes  is  hereby  amended  to 
include  such  i)epartment,  and  the  provisions  of  title  ■!  of  the  Keviscd  Statutes,  includii'ig  all  amend- 
ments thereto,  are  hcrcl)y  made  a]>plicalik'  to  said  Dejiartmeiit.  Tlie  said  Sccri^tary  shall  cause  a  seal 
of  office  to  be  made  for  the  said  Department  of  such  clevice  as  the  President  shall  approve,  and  judi- 
cial notice  shall  be  taken  of  the  seal. 

"Sec.  2.  That  there  shall  be  in  said  Department  an  Assistant  Secretary  of  Commerce  and  Labor,  to 
be  appointed  l>y  the  I'resident,  who  shall  receive  a  salary  of  ffi, QUO  a  year.  He  shall  perform  such 
dutii's  assliall  be  iirescril)i'd  liy  the  Secretary  or  required  by  law.  Tliere  shall  also  be  onecliicf  clerk 
and  a  disbtn-sing  clerk  and  such  other  clerical  assistants  as  uuiy  from  time  to  time  be  authorized  by 
Congress;  and  the  Au<lit(ir  fur  the  State  and  other  Di'iiartments  shall  receive  all  accounts  accruing  in 
or  relative  to  the  Department  of  Commerce  and  Labor  and  examine  the  same,  and  certify  the  bal- 
ances arising  therccm  to  the  Secretary  of  the  Treasury  in  the  same  manner  as  the  balances  on  similar 
accounts  are  certilied  under  existing  law. 

"SEC.  3.  That  it  sliall  be  the  jirovince  and  duty  of  said  Department  to  foster,  promote,  and  develop 
the  foreign  and  domestic  commerce,  tlie  mining,  manufacturing,  shipping,  and  fishery  industries,  the 
labor  interests,  the  transportation  facilities,  and  the  insurance  business  of  the  United  States;  and  to 
this  end  it  shall  be  vested  with  jmisdiction  and  control  of  the  departments,  bureaus,  offices,  and 
branches  of  the  public  service  hereinafter  speci  lied,  and  with  such  other  powers  and  duties  as  maybe 
prescribed  by  law.  All  unexpended  apjiropriations,  which  shall  be  available  at  the  time  when  this 
act  takes  effect,  in  relation  to  the  various  offices,  bureaus,  divisions,  and  otiicr  branches  of  the  public 
service,  which  shall,  by  this  act,  be  transferred  to  or  included  in  the  Department  of  Commerce  and 
Labor,  or  which  may  hereafter,  in  accordance  with  the  provisions  of  this  act,  Ije  so  transferred,  shall 
become  available,  from  the  time  of  such  transfer,  for  expenditure  in  and  by  the  Department  of  Com- 
merce and  Lalior,  and  sliall  be  treated  the  same  as  though  said  branches  of  the  public  service  had 
been  directly  named  in  the  laws  making  said  appropriations  as  parts  of  the  Department  of  Commerce 
and  Labor,  under  the  direction  of  the  Secretary  of  said  Department. 

"Sec.  4.  That  the  following-named  offices,  bureaus,  divisions,  and  branches  of  the  public  service, 
now  and  hert'tofore  under  the  jurisdiction  of  the  Department  of  the  Treasury,  and  all  that  pertains 
to  the  same,  known  as  the  Light-House  Board,  the  Light-House  Establishment,  the  National  Bureau 
of  Standards,  the  Coast  and  (ieodctic  Survey,  the  Commissioner-General  of  Immigration,  the  Commis- 
sioners of  humigration,  the  Bureau  of  Immigration,  the  immigration  service  at  large,  and  the  Bureau 
of  Statistics,  be,  and  the  same  hereby  are,  transferred  from  the  Department  of  the  Treasury  to  the 
Department  of  Commerce  and  Labor,  and  the  same  shall  hereafter  remain  under  the  jurisdiction  and 
supervision  of  the  last-named  Department;  and  that  the  Cen.sus  Office,  and  all  that  pertains  to  the 
same,  be,  and  the  same  hereby  is,  transferred  from  the  Department  of  the  Interior  to  the  Department 
of  Commerce  and  Labor,  to  remain  henceforth  under  the  jurisdiction  of  the  latter;  that  the  Depart- 
ment of  Labor,  the  Fish  Commissioner,  and  the  office  of  Commissioner  of  Fish  and  Fisheries,  and  all 
that  pertains  to  the  same,  be,  and  the  same  hereby  are,  placed  tnider  the  jurisdiction  and  made  a 
part  of  the  Department  of  Commerce  and  Labor;  that  tlie  Bureau  of  Foreign  (Commerce,  now  in  the 
Department  of  State,  be,  and  the  same  hereby  is,  transferred  to  tlie  Department  of  Commerce  and 
Labor  and  consolidated  with  and  made  a  part  of  the  Bureau  of  Statistics,  hereinbefore  transferred 
from  the  Department  of  the  Treasury  to  the  Department  of  Commerce  and  Labor,  and  the  two  shall 
constitute  one  Bureau,  to  be  called  the  Bureau  of  Statistics,  with  a  Chief  of  the  Bureau;  and  that  the 
Secretary  of  Commerce  and  Labor  shall  have  control  of  the  work  of  gathering  and  distributing  statis- 
tical information  naturally  relating  to  the  subjects  confided  to  his  Department;  and  the  Secretary  of 
Commerce  and  Labor  is  hereby  given  the  power  and  authority  to  rearrange  the  statistical  work  of 
the  bin-eaus  and  offices  confided  to  said  Department,  and  to  consolidate  any  of  the  statistical  bureaus 
and  offices  transferred  to  said  Department;  and  said  Secretary  shall  also  have  authority  to  call  upon 
other  departments  of  the  Government  for  statistical  data  and  results  obtained  by  them;  and  said  Secre- 
tiiry  of  Commerce  and  Labor  may  collate,  arrange,  and  publish  such  statistical  information  so 
obtained  in  such  manner  as  to  him  may  seem  wise. 

"  That  the  official  records  and  papers  now  on  file  in  and  pertaining  exclusively  to  the  business  of 
any  bureau,  office,  department,  or  branch  of  the  public  service  in  this  act  transferred  to  the  Depart- 
ment of  Commerce  and  Labor,  together  with  the  furniture  now  in  use  in  such  bureau,  office,  depart- 
ment, or  branch  of  the  public  service,  shall  be,  and  hereby  are,  transferred  to  the  Department  of 
Commerce  and  Labor. 

"  Sec.  5.  That  there  shall  b?  in  the  Department  of  Commerce  and  Labor  a  bureau  to  be  called  the 
Bureau  of  Manufactures,  and  a  Chief  of  said  Bureau,  who  shall  be  appointed  by  the  President,  and 
who  shall  receive  a  salary  of  14,000  per  annum.  There  shall  also  be  in  said  Bureau  such  clerical 
assistants  as  may  from  tune  to  time  be  aiUhorized  by  Congress.  It  shall  be  the  province  and  duty  of 
said  Bureau,  under  the  direction  of  the  Secretary,  to  foster,  promote,  and  develop  the  various  manu- 
facturing industries  of  the  United  States,  and  markets  for  the  same  at  home  and  abroad,  domestic  and 
foreign,  by  gathering,  compiling,  publishing,  and  supplying  all  available  and  useful  information 
concerning  such  industries  and  such  markets,  and  by  .such  other  methods  and  means  as  maybe 
prcscri))ed  liy  the  Secretary  or  provided  by  law.  And  all  consular  officers  of  the  United  States, 
including  consuls-general,  consuls,  and  commercial  agents,  are  hereby  required,  and  it  is  made  a 
part  of  their  duty,  under  the  direction  of  the  Secretary  of  State,  to  gather  and  compile,  from  time  to 
time,  useful  and  material  information  and  statistics  in  respect  to  the  subjects  enumerated  in  section 

27628—04 40 


626 


LEGISLATIVE    HISTORY 


3  of  this  act  in  the  countries  and  places  to  which  such  consular  officers  are  accredited,  and  to  send, 
under  the  direction  of  the  Secretary  of  State,  reports  as  often  as  required  of  the  information  and  statis- 
tics thus  gathered  and  compiled,  such  reports  to  be  transmitted  through  the  State  Department  to  the 
Secretary  of  the  Department  of  Commerce  and  Labor. 

"Sec.  6.  That  there  shall  be  in  the  Dejiartnient  of  Commerce  and  Labor  a  bureau  to  be  called  the 
Bureau  of  Insurance,  and  a  Chief  of  suid  Bureau,  who  shall  be  appointed  by  the  President,  and  who 
shall  receive  a  salary  of  S4,000  per  annum,  nnd  such  clerical  assistants  as  may  from  time  to  time  be 
authorized  by  law.  It  shall  be  tlie  province  and  duty  of  said  Bureau,  under  the  direction  of  the  Sec- 
retary, to  exercise  such  control  as  may  be  provided  by  law  over  every  insurance  company,  society, 
or  association  transacting  business  in  the  United  States  outside  of  the  State.  Territory,  or  district 
wherein  the  same  is  organized,  and  to  foster,  promote,  and  develop  the  various  insurance  industrie ; 
of  the  United  States  by  gathering,  compiling,  publishing,  and  supplying  all  available  and  useful 
information  concerning  such  insurance  companies  and  the  business  of  insurance,  and  by  such  other 
methods  and  means  as  may  be  prescribed  by  the  Secretary  or  provided  by  law. 

"Sec.  7.  That  there  shall  be  in  the  Department  of  Commerce  and  Labor  a  Bureau  to  be  called  the 
Bureau  of  Corporations,  and  the  Chief  of  said  Bureau  shall  be  appointed  by  the  President,  and  shall 
receive  a  salary  of  14,000  per  annum.  There  shall  also  be  in  said  Bureau  such  clerks  and  assistants  as 
may  from  time  to  time  be  authorized  by  law.  It  shall  be  the  province  and  duty  of  said  Bureau,  under 
the  direction  of  the  Secretary  of  Commerce  and  Labor,  to  gather,  compile,  publish,  and  supply  useful 
information  concerning  sucli  corporations  doing  business  within  the  limits  of  the  LTnited  States  as 
shall  engage  in  interstate  commerce  or  in  commerce  between  the  United  States  and  any  foreign 
country,  and  to  attend  to  such  other  duties  as  may  be  hereafter  provided  by  law. 

"Sec.  8.  That  the  jurisdiction,  supervision,  and  control  now  possessed  and  exercised  by  the  Depart- 
ment of  the  Treasury  over  the  fur-seal,  salmon,  and  other  fisheries  of  Alaska,  and  over  the  immigra- 
tion of  aliens  into  the  United  States,  its  waters,  territories,  and  any  place  subject  to  the  jurisdiction 
thereof,  are  hereby  transferred  and  vested  in  the  Department  of  Commerce  and  Labor.  That  the 
authority,  power,  and  jurisdiction  now  possessed  and  exercised  by  the  Secretary  of  the  Treasury  by 
virtue  of  any  law  in  relation  to  the  exclusion  from  and  the  residence  within  the  United  States,  its 
Territories,  and  the  District  of  Columbia,  of  Chinese  and  persons  of  Chinese  descent  are  hereby  trans- 
ferred to  and  conferrt<l  uiion  the  Secretary  of  Commerce  and  Labor,  and  the  authority,  power,  and 
jurisdiction  in  relation  thereto  now  vested  by  law  or  treaty  in  tlie  collectors  of  customs  and  the  col- 
lectors of  internal  revenue  are  hereby  conferred  upon  and  vested  in  such  officers,  under  the  control 
of  the  Commissioner-General  of  Imriiigration,  as  the  Secretary  of  Commerce  and  Labor  may  desig- 
nate therefor. 

"  Sec.  9.  That  the  Secretary  of  Commerce  and  Labor  shall  annually,  at  the  close  of  each  fiscal  year, 
make  a  report  in  writing  to  Congress,  giving  an  account  of  all  moneys  received  and  disbursed  by  him 
and  his  Department,  and  describing  the  work  done  by  the  Department  in  fostering,  promoting,  and 
developing  the  foreign  and  domestic  commerce,  the  mining,  manufacturing,  shipping,  an<l  fishery 
industries,  the  transportation  facilities,  and  insurance  business  of  the  United  States,  and  making  such 
recommen<lations  as  he  shall  deem  necessary  for  the  effective  performance  of  the  duties  and  purposes 
of  the  Department.  He  shall  also  from  time  to  time  make  such  special  investigations  and  reports  as 
he  may  be  required  to  do  by  the  President,  or  by  either  House  of  Congress,  or  which  he  himself  may 
deem  necessary  and  urgent. 

"Sec.  10.  That  the  Secretary  of  Commerce  and  Labor  shall  have  charge,  in  the  buildings  or  prem- 
ises occupied  by  or  ap[)ropriated  to  the  Department  of  Commerce  and  Labor,  of  the  library,  furniture, 
fixtures,  records,  and  other  property  pertaining  to  it  or  hereafter  acquired  for  use  in  its  business;  and 
he  shall  be  allowed  to  expend  for  periodicals  and  the  purposes  of  the  library,  and  for  the  rental  of 
approi)riate  quarters  for  the  accommodation  of  the  Department  of  Commerce  and  Labor  within  the 
District  of  Columljia,  and  for  all  other  incidental  expenses,  such  sums  as  Congress  may  provide  from 
time  to  time:  Provided,  hmrrver,  That  where  any  office,  bureau,  or  branch  of  the  public  service 
transferred  to  the  Department  of  Commerce  and  Labor  by  this  act  is  occupying  rented  buildings  or 
premises,  it  may  still  continue  to  do  so  until  other  suitable  quarters  are  provided  foritstise:  And  pro- 
vided farther,  Thnt  all  officers,  clerks,  and  employees  now  employed  in  any  (jf  the  b\ireans,  offices, 
de7>artmcnts,  or  branches  of  the  public  service  in  "this  act  transferred  to  tlie  Department  of  Commerce 
and  Labor  are  each  and  all  hereby  transferred  to  said  Department  at  their  present  grades  and  sala- 
ries, except  where  otherwise  provided  in  this  act:  And  provided fnrihir.  That  all  laws  jirescril)ing  the 
work  and  defining  the  duties  of  the  several  bureaus,  offices,  departments,  or  branches  of  the  public 
service  by  this  act  transferred  to  and  made  a  part  of  the  Department  of  (.'ouimeree  and  Labor  shall, 
so  far  as  the  .same  are  not  in  conflict  with  the  provisions  of  this  act,  remain  in  full  force  and  effect 
until  otherwise  provided  by  law. 

"Sec.  11.  That  all  power  and  authority  heretofore  possessed  or  exercised  by  the  head  of  any  execu- 
tive department  over  any  bureau,  office,  branch,  or  division  of  the  public  service  by  this  act  tran.s- 
ferred  to  the  Department  of  Commerce  and  Labor,  or  any  business  arising  therefrom  or  pertaining 
thereto,  whether  of  an  appellate  or  revisory  character  or  otherwise,  shall  hereafter  be  vested  in  and 
exercised  by  the  head  of  the  said  Department  of  Commerce  and  Labor.  And  all  acts  or  parts  of  acts 
inconsistent  with  this  act  are,  so  far  as  so  inconsistent,  hereby  repealed. 

"Sec.  12.  A  person,  to  be  designated  by  the  Secretary  of  State,  shall  be  appointed  to  formulate, 
under  his  direction,  for  the  Instruction  of  consular  officers,  the  requests  of  the  Secretary  of  Commerce 
and  Labor;  and  to  prepare  from  the  dispatches  of  consular  officers,  for  transmission  to  the  Secretary 
of  Commerce  and  Labor,  such  information  as  pertains  to  the  work  of  the  Department  of  Commerce 
and  Labor;  and  such  person  shall  have  the  rank  and  salary  of  a  chief  of  bureau,  and  be  furnished 
with  such  clerical  assistants  as  may  from  time  to  time  be  authorized  by  law. 

"Sec.  13.  That  the  President  be,  and  he  is  hereby,  authorized,  by  order  in  writing,  to  transfer  at 
any  time  the  whole  or  any  part  of  any  office,  bureau,  division,  or  other  branch  of  the  public  service 
engaged  in  statistical  or  scientific  work  or  the  Interstate  Commerce  Commission,  to  the  Department 
of  Commerce  and  Labor;  and  in  every  such  case  the  duties  and  authority  performed  by  and  conferred 
by  law  upon  such  office,  bureau,  division,  or  other  branch  of  the  public  s(^rvice,  or  the  part  thereof 
so  transferred,  shall  be  thereby  transferred  with  such  office,  bureau,  division,  or  other  branch  of  the 
public  service,  or  the  part  thereof  w  hich  is  so  transferred.  And  iill  power  and  authority  conferred  by 
law,  both  supervisory  and  apjiellate,  upon  the  Department  from  which  such  transfer  is  made,  or  the 
Secretary  thereof,  in  relation  to  the  said  office,  bureau,  division,  or  other  branch  of  the  jiublic  service, 
or  the  part  thereof  so  fansferred,  shall  immediately,  when  such  transfer  is  so  ordered  by  the  Presi- 
dent, be  fully  conferred  upon  and  vested  in  the  Department  of  Commerce  and  Labor,  or  the  Secretary 
thereof,  as  the  case  may  be,  as  to  the  whole  or  part  of  such  office,  bureau,  division,  or  other  branch 
of  the  public  service  so  transferred. 

"Sec.  14.  That  this  act  shall  take  effect  and  be  in  force  from  and  after  its  passage:  Provided,  how- 
ever, That  the  provisions  of  this  act  in  relation  to  the  transfer  of  nny  existing  office,  bureau,  division, 
officer,  or  other  hraneli  of  the  jinlilie  service,  or  authority  now  conferred  thereon,  to  the  Deyiartment 
of  Commerce  and  Labor  shall  take  effect  and  be  in  force  "on  the  1st  day  of  July,  l')03,  and  not  before." 

[This  print  of  substitute  includes  House  amendments.] 


LEGISLATIVE    HISTORY  627 

After  the  reading  of  section  8, 

Mr.  Gkosvenor.  I\[r.  Speaker,  I  desire  to  ask  unaniuions  consent  that  the  further 
readino;  of  this  amendment  may  l)e  dispensed  with. 

Mr.  De  Ahmond.  ]\Ir.  Si)eaker,  I  am  satisiied  that  will  be  distasteful  to  the  chair- 
man of  the  ct)mmittee,  and  I  think  it  had  better  go  on. 

Tlie  Clerk  resumed  and  concluded  the  reading  of  the  amendment. 

Mr.  Hep}5urx.  ]Mr.  iSpeaker,  I  demand  the  previous  question 

Mr.  KiCHARDsoN,  of  Tennessee.  1  desire  to  make  a  point  of  order 

Mr.  HEPurRN  (continuing).   Upon  that  motion. 

INIr.  Richardson,  of  Tennessee  (continuing).  Against  this  amendment  in  the 
nature  of  a  substitute. 

Mr.  Hepburn.  I  demand  the  previous  question. 

Mr.  Richardson,  of  Tennessee.  I  want  to  make  a  point  of  order  against  the  sub- 
stitute offered  now  l>y  the  gentleman  from  Iowa. 

The  Speaker  ])ro  tempore.  The  gentleman  will  state  his  point  of  order. 

Mr.  Richardson,  of  Tennessee.  The  point  of  order  I  make,  ]\Ir.  Sjieaker,  is  tliis: 
The  Committee  of  the  Whole  House  on  the  state  of  the  Union  perfected  a  substitute, 
a  substitute  reported  by  the  chairman  of  the  Committee  on  Interstate  and  Foreign 
Commerce.  They  reported  it  as  a  substitute.  Now,  Mr.  Speaker,  that  substitute 
has  been  jierfected,  so  to  speak.  It  has  ])een  considered  and  amended.  Now  the 
gentleman  comes  and  undertakes  to  offer  a  substitute  for  that  substitute.  I  say  he 
can  not  do  it.     There  can  be  but  one  substitute  at  one  time. 

Now,  Rule  XIX  provides  how  substitutes  shall  be  considered.  It  is  not  necessary 
to  quote  the  language  of  the  rule,  but  there  can  be  but  one  substitute  pending  except 
by  unanimous  consent.  Unanimous  consent  has  not  Iteeu  given  for  two  substitutes, 
and  now  the  one  substitute  having  been  perfected  and  presented  to  the  House  for 
consideration,  for  action,  it  is  not  in  order  to  move  another  independent  substitute 
for  the  substitute  already  perfected. 

I  think  that  is  clear,  and  the  gentleman's  motion  is  simply  a  substitute;  it  is  noth- 
ing but  a  suljstitute.  The  gentleman,  I  believe,  used  the  word  ' '  substitute, ' '  although 
I  am  not  sure  about  that.  But  whether  he  did  or  not,  he  undertakes  to  substitute 
one  bill  for  another  bill,  so  I  care  not  if  the  sections  are  identical  in  language,  and  I 
understand  he  said  they  were.  But  that  is  immaterial.  It  is  an  independent  proposi- 
tion. It  is  an  independent  su])stitute,  and  tiiere  can  be  but  one  substitute  pending. 
That  has  been  perfected,  and  ^\•e  are  entitled  to  a  vote  upon  it. 

The  Speaker  jjro  tempore.  The  Chair  is  ready  to  rule.  The  Committee  on  Inter- 
state and  Foreign  Commerce  reported  to  the  House  a  Senate  bill  with  an  amendment 
in  the  nature  of  a  substitute.  The  Chairman  of  the  Committee  of  the  Whole  House 
on  the  state  of  the  Union  reported  that  that  committee  had  had  under  consideration 
the  amendment  in  the  nature  of  a  su])stitute  and  had  i)erfected  it,  and  recommendect 
that  the  bill  as  amended  do  pass.  The  motion  of  the  gentleman  from  Iowa  now  is 
clearly  an  amendment  to  the  subs'titute  recommended  by  the  Committee  of  the 
Whole  House  to  the  House,  and  is  certainly  in  order.  The  question  of  admitting 
such  an  amendment  to  a  substitute  was  settled  as  long  ago  as  1836  by  Mr.  Speaker 
Polk. 

The  gentleman  from  Iowa  is  recognized. 

Mr.  Hepburn.  I  demand  the  previous  question. 

Mr.  Corliss.  A  parliamentary  inquiry,  Mr.  Sjieaker. 

The  Speaker  pro  tempore.  The  gentleman  will  state  it. 

Mr.  Corliss.  Is  it  in  order  to  offer  an  amendment  striking  out  section  (>  aiid  other 
provisions  with  reference  to  insurance? 

The  Speaker  pro  tempore.  It  is  not. 

Mr.  Richardson,  of  Tennessee.  A  parliamentary  inquiry.  If  in  the  vote  on  the 
demand  upon  the  previous  question  made  l)y  the  gentleman  from  Iowa  we  vote 
down  the  demand,  will  it  not  be  in  order  to  offer  the  amendment  offered  by  the 
gentleman  from  Michigan? 

The  Speaker  pro  tempore.  The  gentleman  can  answer  that  question  as  well  as  the 
Chair. 

Mr.  Richardson,  of  Tennessee.  I  submit  the  questien  to  the  Chair. 

Mr.  Grosvenor.  I  make  the  point  of  order  that  the  gentleman  has  no  right  to  ask 
such  a  question. 

Mr.  Richardson,  of  Tennessee.  I  will  answer  if  the  Chair  will  not.  It  will  be  in 
order. 

The  Speaker  pro  tempore.  The  question  is  on  the  motion  of  the  gentleman  from 
Iowa,  demanding  the  previous  question. 

The  question  was  taken,  and  the  Speaker  ])ro  tempore  announced  that  the  ayes 
seemed  to  have  it. 

Mr.  CoKLiss  and  Mr.  De  Armond.  Division! 


G28  LEGISLATIVE    HISTORY 

Tlie  House  divided,  and  there  were — ayes  78,  noes  100. 

80  the  demand  for  the  previous  question  was  rejected. 

IVIr.  Hepburn.  Mr.  Speaker 

The  Speaker  pro  tempore.     Tlie  gentleman  from  Iowa. 

Mr.  Corliss.  Mr.  Speaker 

Mr.  Richardson,  of  Tennessee.  Mr.  Speaker,  I  make  the  point  of  order  tliat  the 
Chair  can  not  recognize  the  gentleman  from  Iowa  now. 

The  Speaker  pro  tempore.  Tlie  gentleman  does  not  need  to  make  the  point  of 
order.     The  Chair  recognizes  the  gentleman  from  Michigan. 

Mr.  Corliss.  Mr.  Sj)eaker,  I  ask  to  have  a  vote  on  the  amendment  adopted  by  the 
Committee  of  the  Whole. 

Mr.  Payne.  I  make  the  point  of  order  upon  tliat. 

Mr.  Corliss.  And  upon  that  I  demand  the  i)revious  question. 

Mr.  Payne.  I  make  the  point  of  order  against  that. 

Mr.  Mann.  A  parliamentary  inquiry,  Mr.  S|>eaker. 

The  Speaker  pro  tempore.     The  gentleman  will  state  it.  • 

Mr.  Mann.  If  the  gentleman  from  Michigan  will  give  his  attention.  As  I  under- 
stand the  situation,  the  Committee  of  the  Whole  perfected  one  amendment? 

The  Speaker  pro  tempore.  Yes. 

Mr.  Mann.  And  the  only  vote  that  can  be  taken  in  reference  to  the  amendment 
adopted  in  the  committee  is  whether  the  perfected  amendment  shall  be  adopted. 
The  vote  which  is  now  due  to  the  House,  in  case  there  is  no  discussion,  is  simply  this 
amendment  of  the  gentleman  from  Iowa,  offering  a  substitute  inserting  in  the  bill  as 
jierfected  by  the  committee  two  provisiuns  in  reference  to  insurance.  I  supjiose,  Mr. 
Speaker,  that  if  that  substitute  is  voted  for,  then  that  brings  it  before  the  House  as 
the  amendment;  if  it  is  voted  down,  the  amendment  perfected  by  the  Committee  of 
tlie  Whole  House  comes  before  the  House  and  it  does  not  require  the  motion  of  the 
gentleman  from  Michigan. 

The  Speaker  pro  tempore.  The  gentleman  from  Illinois  has  correctly  stated  the 
parliamentary  situation. 

Mr.  Corliss.  Mr.  Speaker,  I  understood  the  vote  was  on  the  substitute  offered  by 
the  gentleman  from  Iowa  instead  of  upon  ordering  the  previous  question.  I  there- 
fore moved  to  amend  the  amendment  of  the  gentleman  from  Iowa  by  striking  out 
section  6  and  the  language  in  section  3  embracing  the  insurance  business. 

The  Speaker  pro  tempore.  The  gentleman's  amendment  is  not  in  order,  because 
it  is  an  amendment  in  the  third  degree  and  is  not  admissible  under  the  rules. 

Mr.  Richardson,  of  Tennessee.  Mr.  Speaker,  the  parliamentary  status  is  that  the 
amendment  offeree!  by  the  gentleman  from  Iowa  [Mr.  Hepburn]  is  before  the  House. 
That  amendment  intdudes,  if  I  may  have  the  attention  of  the  gentleman  from 
Michigan 

The  Speaker  pro  tempore.  The  Chair  sul)mits  that  this  is  a  very  important  matter, 
and  to  an  intelligent  understanding  of  it  we  nmst  have  order.  The  House  will  please 
be  in  order. 

Mr.  Richardson,  of  Tennessee.  The  House  having  voted  down  the  demand  for  the 
jirevious  questicjii  does  not  preclude  the  right  to  have  a  vote  upon  the  amendment 
offered  by  the  gentleman  from  Iowa  [Mr  Hepburn].  His  amendment,  having  been 
held  by  the  Chair  to  be  in  order,  is  now  to  be  voted  upon  in  the  form  in  which  it 
has  been  read  and  submitted  by  the  gentleman  from  Iowa.  The  gentleman  from 
Michigan  made  a  motion  to  strike  out  the  sixth  section,  or  so  much  as  relates  to  the 
Insurance  Bureau,  and  the  Chair  holds  that  it  is  not  in  order  because  it  is  an  amend- 
ment in  the  third  degree;  and  that  ruling  is  correct,  as  it  seems  to  ine.  Therefore 
the  proposition  comes  to  us  now  to  accept  the  amendment  offered  by  the  gentleman 
from  Iowa  as  a  whole  or  to  vote  it  down.  If  we  accept  it  as  a  whole,  we  accept  it 
with  the  provision  for  the  Insurance  liureau,  which  the  committee  has  on  two  or 
three  sej^arate  occasions  voted  out  of  the  bill. 

Now,  all  we  need  to  do,  those  of  us  who  believe  that  that  ought  not  to  be  in  the 
bill — all  we  need  to  do  is  to  stand  together  and  vote  against  the  amendment  offered 
by  the  gentleman  from  Iowa.  It  has  been  demonstrated  repeatedly  to-day  that  we 
have  votes  enough  to  vote  it  out,  and  when  that  is  voted  down,  then  the  gentleman 
from  Michigan  would  have  the  right  to  demand  the  previous  question  on  the  measure 
as  it  came  from  the  Committee  of  the  Whole  House  on  the  state  of  the  Union.  Now, 
let  us  vote  down  the  amendment  offered  by  the  gentleman  from  Iowa. 

Mr.  Payne.  Mr.  Speaker,  the  gentleman  from  Tennessee  is  correct,  and  under  that 
statement  I  do  not  see  why,  led  by  the  gentleman  from  Tennessee,  the  House  voted 
the  previous  question  down. 

Mr.  Richardson,  of  Tennessee.  It  does  not  matter  who  led;  there  were  votes 
enough  coming  from  that  side  of  the  House  to  vote  it  down.  We  have  not  votes 
enough  on  this  side.     Patriotic  Rei)ublicans  voted  with  us. 


LEaiSLATIVE    HISTORY  629 

Mr.  Payne.  I  was  only  illustrating  the  folly  of  the  gentleman  from  Tennessee  and 
the  folly  of  members  on  this  side  following  him.     [Laughter.] 

The  Si'EAKER  pro  tempore.  The  question  is  on  the  amendment  offered  by  the  gen- 
tleman from  Iowa  [Mr.  Hepburn]. 

The  question  was  taken;  and  on  a  division  (demanded  by  INIr.  Hep])urn)  there 
were — ayes  66,  noes  75. 

So  the  amendment  was  lost. 

Mr.  Corliss.  Mr.  Speaker,  I  now  move  the  previous  questi(ju  on  the  l)ill  as  reported 
to  the  House. 

The  Speaker  pro  tempore.  The  gentleman  from  Michigan  asks  the  previous  ques- 
tion on  the  bill  to  its  passage. 

The  question  was  taken;  and  the  previous  question  was  ordered. 

The  Speaker  j^ro  tempore.  The  question  now  is  on  the  amendment  in  the  nature 
of  a  substitute. 

The  question  was  taken;  and  the  amendment  was  agreed  to. 

The  Speaker  pro  tempore.  The  (juestion  now  is  on  the  third  reading  of  the  Senate 
bill. 

The  question  was  taken;  and  the  bill  was  ordered  tol)e  read  a  third  time,  and  was 
read  the  third  time. 

Mr.  Richardson,  of  Alabama.  Mr.  Speaker,  I  have  a  motion  to  recommit  the  bill 
with  instructions,  which  I  sen<l  to  the  Clerk's  desk. 

The  Clerk  read  as  follows: 

Resolved,  That  the  pending  bill  be  recommitted  to  the  Committee  on  Interstate  and  Foreign  Com- 
merce with  instructions  to  report  a  bill  or  bills  to  the  House  to  create  and  establish  two  separate 
Pepartincnts,  a  Dciiartmont  of  Labor  and  a  Department  of  ComnuTce,  each  of  the  same  dignity  as 
existing  Departments  and  each  with  a  Secretary  in  the  CaViiiiet  nf  tlie  rresident,  and  to  assign  to 
each  of  the  Iicpartmcnts  proper  and  relative  bureaus;  with  instructions  also  to  strike  out  section  7  of 
the  bill  and  insert  the  following  as  section  7; 

Sec  7.  That  there  shall  be  cstal)lisheil  in  the  Department  of  Commerce  a  Bureau  to  be  called  the 
Bureau  of  Corporations,  and  the  Chief  of  said  Bureau,  who  shall  be  appointed  by  tlie  President,  by 
and  with  the  advice  and  consent  of  the  Senate,  and  who  shall  receive  a  salary  of  11,000  per  annum. 
There  shall  also  Ije  in  said  Bureau  one  chief  clerk  and  one  auditor  and  such  number  of  examiners  as 
sliall  lie  needed  to  carry  out  the  purposes  of  this  act.  Said  auditor  and  examiners  sliall  be  expert 
accountants,  and  shall  "be  paid  salary  and  necessary  exjicnses.  There  shall  also  be  sueli  otlier  cler- 
ical assistants  as  may  from  time  to  time  be  authorized  liy  Congress.  It  shall  lie  tlie]irovince  and  duty 
of  said  Bureau  of  Corjiorations,  un<ier  the  direction  of  the  Secretary  of  Coiunierce,  to  inspect  and 
examine  all  corporations  engaged  in  interstate  or  foreign  commerce"  by  gathering,  compiling,  pub- 
lishing, and  supiilyiiig  all  available  and  useful  information  concerning  .such  corporations,  including 
the  manner  in  wliich  tlieir  business  is  conducted,  and  by  such  other  methods  and  means  as  may  be 
prescriljcd  by  the  Secretary. 

Every  corjioration  governed  by  this  act  shall  make  annual  reports  in  writing  to  the  said  auditor  of 
said  Bureau,  and  such  report  shall  in  all  cases  include — 

(a)  Capital  authorized  and  issued:  the  amount  paid  up  in  ca.sh  or  otherwise,  with  a  statement  of 
the  metliod  of  iiaying  where  it  is  not  in  cash. 

(li)  Debts,  in(  luding  details  as  to  the  amount  thereof  and  security  given  therefor,  if  any. 

(c)  Obligations  due  from  officers,  which  shall  be  seiiarately  stated. 

(d )  A  statement  of  assets  and  the  method  of  valuing  the  same,  whether  at  cost  price,  by  appraisal, 
or  otherwise,  and  of  the  allowance  marie  for  depreciation.  Small  items  of  per.sonal  property  included 
in  a  plant  may  be  described  by  the  term  "sundries"  or  lik(>  general  term. 

(e)  Gro.ss  earnings  for  the  period  covered  by  the  report,  all  deductions  necessary  for  interest,  taxes, 
and  expen.se  of  all  sorts,  the  surjilus  available  for  dividends,  and  <lividends  jictually  declared. 

(f)  Increase  of  as.sets  since  the  last  statement,  with  a  showing  in  what  way  such" increa.se  has  been 
secured. 

(g)  The  names  and  addresses  of  stockholders,  with  the  number  of  shares  held  by  each  at  the  date 
of  the  report. 

(h)  The  amount  of  stock  disposed  of  and  the  amount  of  property  taken  for  stock  sold  since  the  last 
report,  with  all  facts  necessary  to  show  the  results  of  the  tran.saction. 

(i)  A  statement  showing  that  the  corporation  in  (|uestion  has  not.  during  thciieriod  covered  by  the 
said  report,  receive'l  any  rebates,  drawbacks,  s|ieeial  rates  or  <liscriminations.  advantages  or  prefer- 
ences, by  money  jiayments  or  otherwise,  from  any  railroail,  pijie  line,  water  carrier,  or  other  trans- 
portation company,  or  if  any  such  have  been  received  or  given,  stating  when,  from  whom,  on  what 
account,  an<l  in  what  manner  they  were  so  received,  with  all  other  details  necessary  to  a  full  under- 
standing of  the  transactioti  or  transactions. 

(j)  The  names  and  addri'.sses  of  all  officers:  location  of  transfer  or  registry  offices,  wherever  located. 

(k)  A  statement  that  tlie  corporation  lias  n<it  llxed  prices,  or  done  any  other  act  with  a  view  to 
restricting  trade  or  drivin.g  any  competitor  out  of  Imsmcss. 

(1)  A  statement  that  the  eorjioration  is  or  is  not  a  party  to  any  contract,  combination,  or  conspiracy 
in  the  form  of  trust  or  otlierwi.se  in  restraint  of  trade  or  commerce  among  the  several  States  or  Ter- 
ritories or  with  forei.Lrn  nations. 

(m)  A  statement  of  the  jiroportion  of  goods  going  into  interstate  commerce. 

That  it  sliall  he  the  duty  of  the  auditor  to  prescribe  the  form  of  the  reports  before  mentioned.  He 
may  in  liis  <liseretion  require  additional  rejiorts  at  any  time  when  he  may  see  fit,  upon  reasonable 
notice:  but  his  determination  shall  be  jirinia  facie  proof  that  the  notice  is  reasonable.  He  may  also 
require  supplemental  rejiorts  wlienever,  in  his  judgment,  the  report  rendered  is  in  any  particular  or 
particulars  insiiflicieiit.  evasive,  or  ainliigiious.  He  may  prescribe  rules  so  as  to  avoid  undue  detail 
in  making  rejiorts.  but  no  detail  of  the  business  of  the  c'or] Miration  shall  be  considered  private  so  as  to 
be  exempt  from  the  exainiiiiition  of  the  amlitor  wlienever  he  may  demand  report  thereon.  He  shall 
make  public  in  his  rejiorts,  which  shall  lie  issueil  annually,  all  the  information  contained  in  the 
rejiorts  so  made  to  )iim.  Wlieii  a  report  lias  been  made  by  a  eorjioration.  and,  with  all  supplemental 
and  additional  rejiorts  reciuired  liy  the  auditor,  sliall  have  been  ajijiroved  by  him,  the  corporation 
making  such  report  or  rejiorts  shall  jiublisli  the  same  in  a  daily  newsjiajier,  after  the  usual  custom  in 
such  cases,  with  the  auditor's  minutes  of  approval,  and  shall  tile  with  the  auditor  jiroof  of  such  pub- 
lication by  the  publisher's  certificate. 


630  LEGISLATIVE    HISTOEY 

That  if  any  corporation  shall  fail  to  make  a  report  when  required,  either  by  the  terras  of  this  aet  or 
when  required  by  the  auditor,  as  herein  provided,  said  corporation  shall  be  fined  not  less  than  1  per 
cent  or  not  more  than  10  jxt  cent  of  its  last  annual  Rross  eurniuKS  for  (>ach  offense.  Every  day  of 
failure  after  a  written  demand  lias  been  made  t>y  the  auditor  sliall  constitute  a  separate  and  distinct 
offense.  In  case  of  failure,  also,  eacli  of  the  directors  of  tlie  sai<l  coriioration  sliall  lie  ineligible,  for 
the  year  succeeding  the  next  annual  meeting,  to  hold  either  directorsliip  or  any  other  oltice  in  the 
said  corporation.  If  such  report  is  false  in  any  material  respect,  the  corporation  shall  lie  lined  not 
less  than  2  per  cent  and  not  more  than  20  per  cent  of  its  last  annual  gross  earnings,  and  each  false 
statement  in  any  material  matter  shall  constitute  a  separate  offense.  All  lines  and  penalties  imposed 
by  this  act  sli.-ill  be  recovered  or  enl'orced  in  any  court  of  competent  jurisdiction. 

That  it  shall  lie  the  duty  of  examiners,  under  the  direction  of  tlu'  Auditor,  to  make  examinations 
of  any  coriionition  go\-erned  by  this  act.  Any  of  said  examiners  presenting  his  oflieial  credentials 
shall  be  furnished  liy  the  oflicers  of  the  corporation  evtTV  facility  for  eomi>lete  and  full  examina- 
tion, not  only  of  the  liooks,  but  of  all  property,  records,  or  jiapcrs  of  the  eoriioration  which  may  be 
necessary,  in  the  judgment  of  the  examiner,  for  a  complete  knowleilge  of  the  affairs  of  the  concern. 
Such  examination  shall  not  lie  at  fixed  jieriods,  luit  shall  be  at  sfich  times  as  the  Auditor  shall  fix  and 
without  notice.  Examiners  shall  have  the  power  to  examine  umler  oath  all  oflicers  or  employees  of 
a  eoriioration,  or  any  other  person  having  any  knowleilge  of  its  affairs,  and  to  stMid  for,  demand,  and 
inspect  books,  iiajiers,  and  any  other  matter  of  evidence  whatever  which  is  in  tlu'  jiossession  or  con- 
trol of  the  said  eor]ioration.  For  the  imrpose  of  this  act  examiners  shall  have  power  to  require,  by 
subpicfia,  the  attendance  afid  testimony  of  witnesses  under  oath  and  the  iiroduction  of  all  books, 
pajiers,  contracts,  agreemetits,  and  doeumetits  relatifig  to  any  matter  under  investigation. 

Such  attendance  of  wittiesses  and  the  iiroduction  of  such  dorumentary  evidence  may  be  required 
from  any  place  in  the  I'nifed  States  at  any  designated  place  of  liearing.  .Vnd  in  case  of  disobt'dicnce 
to  a  siibpieiia  the  examiner  may  invoke  tiie  aid  of  any  court  of  the  Ttiited  States  in  requiring  such 
attefidaiice.  And  any  of  the  circuit  courts  of  the  United  States  wilhifi  the  jurisdiction  of  which  such 
lnc|uiry  is  carried  on  may,  in  case  of  eoutumaey  or  refusal  to  oliey  a  suljpieua  issued  to  any  corporation 
subject  to  the  provisiousof  this  act,  orother  person,  issue  an  order  requiring  such  corporation  or  other 
person  to  appear  before  said  examiner  atid  produce  books  atid  papers,  if  so  ordered,  atid  give  evi- 
dence touching  the  matter  in  question;  and  any  failure  to  obey  such  order  of  the  court  may  be  pun- 
ished liy  such  court  as  a  contempt  thereof.  The  claim  that  iuiy  sueh  testimony  or  evidence  may 
tetid  to  criminate  the  person  giving  such  evidence  or  testimony  shall  not  be  used  againstsuch  person 
on  the  trial  of  afiy  criminal  proceeding.  Tlie  Auditor  shall  likewise  have  all  the  authority  of  an 
examiner  in  any  case  wherein  lie  ehoo.ses  himself  to  act.  No  examiner  sliall  be  assigned  to  examine 
any  eorpor.inon  who  is  liimself  interested  in  the  business  thereof,  or  any  competing  concern,  or  who 
has  relatives  who  arc  so  interested. 

That  it  shall  he  unlawful  for  an  examiner  to  divulge  private  business,  except  by  his  report  to  the 
Auditor.  But  such  report,  or  the  substance  thereof,  shall  be  opened  for  public  inspection.  Each 
examiner  shall  follow  the  rules,  regulations,  and  directions  which  the  Auditor  may  from  time  to  time 
lay  down  or  communicate  to  him  as  to  the  mcthoil  of  examination,  the  form  of  report,  the  matters 
to  be  covered  by  the  said  examination,  atid  all  matters  pertaining  to  his  duties.  Said  examinations 
and  reports  shall  always  cover,  ;imoug  others,  the  following  questions: 

(a)  lias  file  said  corporation,  during  tlie  pi-riod  coveri'd  liy  the  examination  and  report,  received 
any  rebates,  drawliacks,  special  rates,  or  other  discriminations,  advantages,  or  preferences,  by  money 
payments  or  otherwise,  from  any  railroad,  pipe  line,  water  carrier,  or  other  transportation  company? 

(b)  If  there  have  been  such  preferences,  when  were  they  received,  from  whom,  on  what  accomit, 
and  in  what  manner,  giving  all  details  necessary  to  a  full  understanding  of  the  tratisaction? 

(c)  Is  the  .said  corporation  a  member  of  any  combinatioti  having  or  intending  to  secure  a  monopoly 
of  any  commodity  other  than  such  monopolies  as  are  legally  granted  by  patent  or  otherwise? 

(d)"  Has  the  said  corporation  any  such  monopoly,  or  does  it  use  methods  tending  to  secure  such 
monopoly? 

(e)  Has  it  made  any  contracts  or  agreements  tending  to  secure  any  such  monopoly  to  itself  or  any 
other  concern,  whether  owned  by  an  individual  or  individuals,  a  corporation,  or  .some  combination 
of  individuals  and  corporations? 

(f )  Is  sucli  corporation  a  party  to  any  contract,  agreement,  or  combination,  in  the  form  of  a  trust 
or  otherwise,  iti  restraint  of  trade  or  commerce  among  the  several  States  or  with  foreign  nations? 

(g)  Has  the  Corporation  purchased  or  does  it  hold  the  stock  of  any  corporation  for  the  purpose  of 
controlling  its  management? 

Said  reports  of  examiners  shall  he  prima  facie  true  and  may  be  introduced  in  evidence  in  all 
courts  to  prove  the  facts  therein  set  forth.  Copies  certified  by  the  Auditor  shall  be  admissible  with 
like  effect  and  under  the  same  circumstances  as  the  origifial.  The  word  "corporation"  wherever 
used  in  this  act  shall  be  deemed  to  iuclu<le  associations  existing  or  authorized  either  by  the  law  of 
the  United  States,  the  laws  of  any  State,  or  the  laws  of  any  foreign  country. 

Mr.  OvERSTREET  (before  the  reading  of  the  amendment  was  concluded).  Mr. 
Speaker,  this  anien<lment  has  already  been  read  to  the  House,  when  offered  by  the 
gentleman  from  New  York.  I  therefore  ask  unanimous  consent  that  the  fiu'ther 
reading  of  the  amendment  be  dispensed  with.  [This  amendment  is  not  identic  with 
those  referred  to.  ] 

The  Speaker  pro  tempore.  The  gentleman  from  Indiana  asks  unanimous  consent 
that  the  further  reading  of  the  amendment  be  dispensed  with.  Is  there  objection? 
The  Chair  hears  none. 

Mr.  Mann.  I  make  this  point  of  order  against  the  motion  to  recommit,  that  it 
directs  the  Committee  on  Interstate  and  Foreign  Commerce  to  report  a  bill  creating 
a  Departmen*t  of  Labor,  which,  under  the  rules  of  the  House,  can  not  be  done  by 
this  connnittee.  The  Conunittee  on  Interstate  and  Foreign  Commerce  has  not 
jurisdiction,  and  could  not  have  jurisdiction,  of  a  bill  to  organize  a  Department  of 
Labor. 

Mr.  Payne.  And  besides  it  is  not  germane. 

Mr.  Richardson,  of  Tennessee.  In  answer  to  the  gentleman  from  Illinois  [Mr. 
Maim],  if  he  has  concluded  his  statement 

Mr.  Mann.  I  make  the  further  point  that  a  bill  to  create  a  Department  of  Labor  is 
not  germane  as  an  ainendment  to  the  bill  pending  before  the  House. 

Mr.  Richardson,  of  Tennessee.  In  reply  to  the  point  of  order  of  the  gentleman 
from  Illinois,  I  desire  only  to  say  that  it  is  competent  for  the  House  of  Representa- 


LEGISLATIVE   HISTORY  631 

tives  to  refer  a  bill  to  any  committee  that  it  choose.  A  particular  committee  might 
not  have  jurisdiction  in  the  first  place  without  the  direct  action  of  the  House.  A  bill 
might  inadvertently  be  referred  to  a  committee  not  having  jurisdiction  of  the  subject 
under  the  rules,  and  the  House  might  correct  such  reference,  because  under  the  rules 
the  bill  would  not  go  there.  But  it  is  competent  for  the  House  in  its  majesty,  as  the 
House  sits  here  this  evening,  to  refer  this  or  any  other  bill  to  the  Committee  on 
Interstate  and  Foreign  Ctnnmerce. 

The  Speaker  pro  tempore.  The  Chair  is  very  clearly  of  opinion  that  the  view 
expressed  by  the  gentleman  from  Tennessee  [JMr.  Richardson]  as  .to  the  power  of  the 
House  to  refer  this  matter  to  the  Connnittee  on  Interstate  and  Foreign  Connnerce 
states  correctly  the  situation.  The  Chair  will  hear  the  gentleman  from  Illinois  [Mr. 
Mann]  on  the  other  proposition— that  the  motion  is  not  germane. 

Mr.  Underwood.  A  provision  for  the  establishment  of  a  Department  of  Labor  was 
part  of  the  original  bill. 

Mr.  Mann  rose. 

Mr.  Shackleford.  May  I  put  an  interrogatory  to  the  gentleman  from  Illinois?  I 
want  to  ask  him  this  question:  If  this  proposition  is  not  germane,  how  was  it  that  it 
was  contained  originally  in  this  bill?  There  is  nothing  embraced  in  the  motion  to 
recommit  that  is  not  already  contained  in  some  form  in  the  bill  as  reported. 

]Mr.  Mann.  Well,  Mr.  Speaker,  it  may  be  beyond  the  comprehension  of  some  peo- 
ple— it  certainly  is  not  beyond  the  lucid  comprehension  of  the  gentleman  from  Mis- 
souri [Mr.  Shackleford] — that  a  certain  provision  which  may  be  in  a  bill  may  come 
properly  before  a  connnittee  which  has  jurisdiction  of  the  whole  subject-matter  of  the 
bill,  while  it  would  not  have  jurisdiction  of  another  proiwsition,  because  that  other 
proposition  would  not  be  germane. 

Here  is  a  proposition  to  create  two  Departments.  On  the  same  theory  on  which 
this  proposition  is  defended  this  motion  might  be  a  direction  to  the  committee  to  pro- 
vide for  the  creation  of  a  dejiartment  of  mines  and  mining,  and  a  department  of 
transportation,  and  a  department  of  interstate  and  foreign  commerce,  and  forty  other 
departments  of  the  Government. 

Now,  it  doesliot  seem  to  me  (although  I  do  not  care  to  detain  the  House  upon  the 
question)  that  the  proposition  is  germane  to  the  bill  before  the  House. 

JMr.  Livingston.  The  original  Ijill  was  a  proposition  to  establish  a  Department  of 
Commerce  and  Labor.  The  motion  to  recommit  proposes  simply  to  have  two  sep- 
arate departments  instead  of  one.     The  motion  is  just  as  germane  as  anthing  could  be. 

The  Speaker  pro  tempore.  There  is  no  question  in  the  mind  of  the  Chair  as  to 
the  power  of  the  House  to  authorize  the  Committee  on  Interstate  and  Foreign  Com- 
merce to  report  a  bill  creating  a  Department  of  Labor,  if  the  House  sees  fit  to  refer 
that  subject  to  that  committee.  This  is  a  bill  creating  a  Department  of  Commerce 
and  Labor.  The  proposition  contained  in  the  motion  is  to  return  this  bill  to  that 
committee  with  instructions  to  separate  the  two  branches  of  the  subject,  and  to  report 
instead  of  a  measure  for  one  Department  a  measure  for  two  Departments,  covering 
the  same  subjects  as  are. now  covered  in  the  bill  pending  before  the  House.  The 
Chair  holds  that  the  motion  is  germane.  The  point  of  order  is  therefore  overruled. 
The  question  is  on  the  motion  of  the  gentleman  from  Alabama  [Mr.  Richardson]  to 
recommit  the  bill  with  instructions,  as  read  by  the  Clerk. 

The  question  having  been  put. 

The  Speaker  pro  tempore.  The  noes  seem  to  have  it. 

Mr.  SuLZER.  I  call  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

The  question  was  taken;  and  there  were — yeas  86,  nays  116,  answered  "present" 
13,  not  voting  138;  as  follows: 

Yeas:  Aplin,  Bartlett,  Benton,  Breazeale,  Brundidge,  Candler,  Clark,  Clayton, 
Cochran,  Cowherd,  Crowley,  Davis  of  Florida,  De  Armond,  Dinsmore,  Dougherty, 
Feely,  Fleming,  Flood,  Gaines  of  Tennessee,  Glass,  Gooch,  Gordon,  Green  of  Penn- 
sylvania, Griffith,  Hay,  Henry  of  Texas,  Jackson  of  Kansas,  Johnson,  Jones  of  Vir- 
ginia, Kehoe,  Kern,  Claude  Kitchin,  Kleberg,  Kluttz,  Lamb,  Latimer,  Lever,  Lewis 
of  Georgia,  Little,  Livingston,  Lloyd,  McAndrews,  McClellan,  McCuUoch,  Mahoney, 
Maynard,  Mickey,  Moon,  Naphen,  Neville,  Padgett,  Patterson  of  Tennessee,  Pou, 
Randell  of  Texas,  Richardson  of  Alabama,  Richardson  of  Tennessee,  Robb,  Robertson 
of  Louisiana,  Robinson  of  Nebraska,  Rucker,  Russell,  Ryan,  Scarborough,  Shackle- 
ford, Shafroth,  Sheppard,  Slayden,  Small,  Smith  of  Kentucky,  Snook,  Stark,  Stephens 
of  Texas,  Sulzer,  Talbert,  Tate,  Thayer,  Thomas  of  North  Carolina,  Tompkins  of  New 
York,  Underwood,  Vandiver,  Wheeler,  White,  Wiley,  Williams  of  Illinois,  Wooten, 
and  Zenor. 

Nays:  Adams,  Alexander,  Allen  of  Maine,  Babcock,  Bartholdt,  Bates,  Boreing, 
Brantley,  Brick,  Brown,  Brownlow,  Burk  of  Pennsylvania,  Burke  of  South  Dakota, 


632  LEGISLATIVE    HISTORY 

Burkett,  Burleigh,  Burton,  Cannon,  Capron,  Cassel,  Conner,  Coombs,  Cooper  of 
Wisconsin,  Corliss,  Cromer,  Crumpacker,  Currier,  Dahle,  Dalzell,  Darragh,  Ueenier, 
Draper,  Driscoll,  Dwight,  Eddy,  Esch,  Fletcher,  Fordney,  Foster  of  Vermont,  Gaines 
of  West  Virginia,  Gardner  of  Michigan,  Gardner  of  New  Jersey,  Gibson,  Gill,  Graff, 
Greene  of  Massachusetts,  Grow,  Haskins,  Heatwole,  Hedge,  Hemenway,  Henry  of 
Connecticut,  Hepburn,  Hildebrant,  Hill,  Hitt,  Ilolliday,  Howard,  Howell,  Hughes, 
Jones-of  Washington,  Joy,  Kyle,  Lacey,  Landis,  Lawrence,  Littlefield,  Loudenslager, 
McCall,  McCleary,  INIcLachlan,  Maddox,  Mann,  Marshall,  Martin,  INliller,  Minor, 
Morgan,  Morris,  Mudd,  Nevin,  Otjen,  Overstreet,  Palmer,  Parker,  Payne,  Pearre, 
Perkins,  Powers  of  Maine,  Powers  of  Massachusetts,  Keeder,  Peeves,  Koljerts,  Scott, 
Shattuc,  Shelden,  Showalter,  Sibley,  Smith  of  Illinois,  Smith  of  Iowa,  H.  C.  Smith, 
S.  W.  Smith,  Southwick,  Stevens  of  Minnesota,  Stewart  of  New  Jersey,  Stewart  of 
New  York,  Sulloway,  Tawney,  Tayler  of  Ohio,  Thomas  of  Iowa,  Tirrell,  Van  Voor- 
his,  Vreeland,  Warner,  Warnock,  Watson,  and  Woods. 

Answered  "present:"  Adamson,  Barney,  Boutell,  Bromwell,  Emerson,  Finley, 
Grisrgs,  Haugen,  William  W.  Kitchin,  Rixey,  Snodgrass,  Steele,  and  Swanson. 

Not  voting:  Acheson,  Allen  of  Kentucky,  Ball  of  Delaware,  Ball  of  Texas,  Bank- 
head,  Beidler,  Bell,  Bellamy,  Belmont,  Billmeyer,  Bingham,  Bishop,  Blackburn, 
Blakeney,  Bowersock,  Bowie,  Brandegee,  Bristow,  Broussard,  Bull,  Burgess,  Bur- 
leson, Burnett,  Butler  of  Missouri,  Butler  of  Pennsylvania,  Calderhead,  Caldwell, 
Cassingham,  Connell,  Conry,  Cooney,  Cooper  of  Texas,  Cousins,  Creamer,  Curtis, 
Cushman,  Davey  of  Louisiana,  Davidson,  Dayton,  Dick,  Douglas,  Dovener,  Edwards, 
Elliott,  Evans,  Fitzgerald,  Flanagan,  Foerderer,  Foss,  Foster  of  Illinois,  Fowler,  Fox, 
Gardner  of  Massachusetts,  Gilbert,  Gillet  of  New  York,  Gillett  of  Massachusetts, 
Glenn,  Goldfogle,  Ciraham,  Grosvenor,  Hamilton,  Hanbury,  Henry  of  Mississippi, 
Hooker,  Hopkins,  Hull,  Irwin,  Jack,  Jackson  of  Maryland,  Jenkins,  Jett,  Kahn, 
Ketcham,  Knapp,  Knox,  Lassiter,  Lessler,  Lester,  Lewis  of  Pennsylvania,  Lindsaj', 
Littauer,  Long,  Loud,  Lovering,  McDermott,  McLain,  McRae,  Mahon,  ]\Iercer,  Met- 
calf,  Meyer  of  Louisiana,  Miers  of  Indiana,  Mondell,  Moody  of  North  Carolina, 
Moody  of  Oregon,  Morrell,  Moss,  IMutchler,  Needham,  Newlands,  Norton,  Olmsted, 
Patterson  of  Pennsylvania,  Pierce,  Prince,  Pugsley,  Ransdell  of  Louisiana,  Reid, 
Rhea  of  Virginia,  Robinson  of  Indiana,  Rumple,  Ruppert,  Schirm,  Selby,  Shallen- 
berger,  Sherman,  Sims,  Skiles,  William  Alden  Smith,  Southard,  Si)arkman,  Sperry, 
Spight,  Storm,  Sutherland,  Swann,  Taylor  of  Alabama,  Thompson,  Tompkins  of 
Ohio,  Trimble,  Wachter,  Wad^worth,  Wanger,  Weeks,  Williams  of  Mississippi,  Wil- 
son, Wright,  and  Young. 

So  the  motion  to  recommit  was  lost. 

The  following  pairs  were  announced: 

For  the  session: 

Mr.  Kahn  with  Mr.  Belmont. 

Mr.  Dayton  with  Mr.  Meyer,  of  Louisiana. 

Mr.  Brownlow  with  Mr.  Pierce. 

Mr.  Bromwell  with  Mr.  Cassingham. 

Mr.  Wanger  with  Mr.  Adamson. 

Mr.  Sherman  with  Mr.  Ruppert.  «« 

Until  the  end  of  the  week: 

Mr.  Emerson  with  Mr.  Gil])ert. 

Until  further  notice: 

Mr.  Needham  with  Mr.  Ransdell,  of  Louisiana. 

Mr.  Jack  with  Mr.  Finley. 

Mr.  Bowersock  with  Mr.  Burnett. 

Mr.  Evans  with  Mr.  Foster,  of  Illinois. 

Mr.  Storm  with  Mr.  Pugsley. 

Mr.  Loud  with  Mr.  Griggs. 

Mr.  Moody,  of  North  Carolina,  with  Mr.  Fox. 

Mr.  Moody,  of  Oregon,  with  Mr.  Bellamy. 

Mr.  Davidson  with  Mr.  Selby. 

Mr.  Southard  with  Mr.  Norton. 

Mr.  Ketcham  with  Mr.  Snodgrass. 

Mr.  Acheson  with  Mr.  Sparkman. 

Mr.  Lessler  with  INIr.  Burgess. 

Mr.  Barney  with  Mr.  Thompson. 

Mr.  Long  with  Mr.  Newlands. 

Mr.  Hopkins  with  Mr.  Swanson. 

Mr.  Grosvenor  with  Mr.  Robinson,  of  Indiana. 

For  this  day : 

Mr.  Gardner,  of  Massachusetts,  with  Mr.  Biilme5'er. 


LEGISLATIVE    HISTORY  •  033 

Mr.  Steele  with  Mr.  INliers,  of  Indiana. 

Mr.  Jenkins  witli  Mr.  Bankliead. 

Mr.  Dick  with  IMr.  Davey,  of  Louisiana. 

Mr.  Haugen  with  Mr.  Allen,  of  Kentucky. 

Mr.  Curtis  with  Mr.  Jett. 

Mr.  Prince  with  Mr.  C-aldwell. 

Mr.  Butler,  of  rennHvlvania,  with  Mr.  Courv. 

Mr.  Sutherland  with'Mr.  (ioldfogle. 

Mr.  Pattert^on,  of  Pennnylvania,  witii  i\lr.  Taylor,  of  Ala])ama.  • 

Mr.  Levering  with  Le.'^ter. 

INIr.  Morrell  with  Mr.  Elliott. 

Mr.  Sperry  with  Mr.  ISlcRae. 

Mr.  Rumple  with  INIr.  Mutchler. 

Mr.  Knapp  with  Mr.  Naphen. 

Mr.  Bishop  with  Mr.  Fitzgerald. 

Mr.  Ball,  of  Delaware,  with  Mr.  Ball,  of  Texas. 

Mr.  Douglas  with  Mr.  Reid. 

Mr.  Connell  with  i\Ir.  Butler,  of  Missouri. 

Mr.  Mahon  with  ]\Ir.  Williams,  of  INIississippi. 

Mr.  Skiles  with  ]Mr.  Burleson. 

Mr.  Bull  with  INIr.  Wilson. 

Mr.  Cushman  witli  Mr.  Flanagan. 

Mr.  Foerderer  with  Mr.  Glenn. 

Mr.  Foss  with  Mr.  Henrv,  of  Mississipi)i. 

Mr.  Hull  with  Mr.  Hooker. 

Mr.  Littauer  with  Mr.  Lindsay. 

Mr.  INIondell  with  Mr.  Lassiter. 

Mr.  Olmsted  with  Mr.  Sims. 

Mr.  Schirm  with  ]\Ir.  Rhea. 

Mr.  Wachter  with  Mr.  Shallenberger. 

Mr.  AVadsworth  with  INIr.  Swann. 

Mr.  Wright  with  ]Mr.  INlcDermott. 

Mr.  Young  with  Mr.  Spight. 

Mr.  Lewis,  of  Pennsylvania,  with  ISIr.  Bell. 

Mr.  Calderhead  with  Mr.  Cooney. 

Mr.  Cousins  with  Mr.  Creamer. 

Mr.  Bingham  with  Mr.  Cooper,  of  Texas. 

Mr.  Beidler  with  Mr.  Bowie. 

Until  January  25: 

Mr.  Dovener  with  Mr.  Broussard. 

For  this  bill: 

Mr.  Metcalf  with  ]\Ir.  Rixey. 

Mr.  Irwin  with  IVIr.  Triml>le. 

Mr.  Hamilton  with  Mr.  McLean. 

Mr.  William  Alden  Smith  with  Mr.  Edwards. 

Mr.  SwANSoN.  Mr.  Speaker,  I  see  that  1  am  i)aired  with  the  gentleman  from  Illinois 
[Mr.  Hopkins].  I  voted  "aye,"  and  I  desire  to  withdraw  that  vote  and  to  answer 
"  present." 

The  Speaker  pro  tempore.  The  Clerk  will  call  the  gentleman's  name. 

The  Clerk  called  the  name  of  Mr.  Swanson  and  he  voted  "  present." 

The  result  of  the  vote  was  announced  as  above  recorded. 

Mr.  Thayer.  Mr.  Speaker,  does  the  Re(!ord  show,  as  a  matter  of  fact,  that  every 
Democrat  who  answered  to  his  name  voted  "aye,"  and  every  Republican  voted 
"no?" 

The  Speaker  pro  tempore.  The  gentleman's  question  is  not  a  parliamentary 
incpiiry.     The  question  now  is  upon  the  passage  of  the  bill. 

The  question  being  taken,  the  Speaker  announced  that  the  ayes  appeanvl  to  have  it. 

Mr.  Maddox.  Division,  Mr.  Speaker. 

The  House  divided;  and  there  were — ayes  114,  noes  27. 

Mr.  De  Armond.  Mr.  Speaker,  no  quorum  present. 

The  Speaker.  The  gentleman  makes  the  point  of  no  quorum  present. 

Mr.  Mann.   Who  raised  the  point  of  no  quorum? 

The  Speaker  pro  tempore.  The  gentleman  from  Missouri  raises  the  point  that  no 
quorum  is  present. 

Mr.  Mann.  Then,  Mr.  Speaker,  I  call  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

The  question  was  taken;  and  there  were — yeas  136,  nays  40,  answered  "present" 
9,  not  voting  168;  as  follows: 


634  LEGISLATIVE    HISTORY 

Yeas:  Alexander,  Allen  of  Maine,  Aplin,  Babcock,  Bartholdt,  Bates,  Boreing, 
Boutell,  Brantley,  Breazeale,  Brick,  Brown,  Brownlow,  Bnrk  of  Pennsylvania,  Bnrke 
of  South  Dakota,  Burkett,  Burleigh,  Burton,  Cannon,  Capron,  Cassel,  Conner,  Conry, 
Coombs,  Cooper  of  Wisconsin,  Corliss,  Cromer,  Crumpacker,  Currier,  Dalzell,  Dar- 
ragh,  Deemer,  Drajier,  Driscoll,  Dwight,  Eddy,  Esch,  Feely,  Fleming,  Fletcher, 
Fordney,  Foster  of  Vermont,  (Raines  of  West  Virginia,  (Jardner  of  Michigan,  Gard- 
ner of  New  Jersey,  (iilison.  Gill,  Glass,  Gordon,  Graff,  Greene  of  Massacliusetts, 
Griffith,  Grow,  Ilaskins,  Hedge,  Hemenway,  Henry  of  Connecticut,  Hepburn,  Hilde- 
brant,  Hitt,  Holliday,  Howell,  Johnson,  Jones  of  Washington,  Joy,  Kyle,  Lacey, 
Lamb,  Landis,  Lawrence,  Littlefield,  Livingston,  Lloyd,  Loudenslager,  McAndrews, 
McCall,  McCleary,  McClellan,  McCulloch,  McLachlan,  Mahoney,  Mann,  Marshall, 
Martin,  Maynard,  Mickey,  Miller,  Minor,  Moon,  Morris,  Mudd,  Naphen,  Nevin, 
Otjen,  Overstreet,  Padgett,  Palmer,  Parker,  Patterson  of  Tennessee,  Payne,  Pearre, 
Pou,  Powers  of  Maine,  Powers  of  Massachusetts,  Reeves,  Roberts,  Robertson  of 
Louisiana,  Ryan,  Scott,  Shelden,  Showalter,  Sibley,  Small,  Smith  of  Illinois,  Smith 
of  Iowa,  II.  C.  Smith,  S.  W.  Smith,  Southwick,  Stewart  of  New  York,  Sulloway, 
Sulzer,  Swanson,  Tawney,  Tayler  of  Ohio,  Thomas  of  Iowa,  Thomas  of  North  Caro- 
lina, Tirrell,  Tompkins  of  Ohio,  Van  Voorhis,  Vreeland,  Warner,  Warnock,  Watson, 
Wiley,  Williams  of  Illinois,  and  Woods. 

Nays:  Bartlett,  Benton,  Brundidge,  Candler,  Clark,  Cochran,  Cowherd,  Crowley, 
Davis  of  Florida,  De  Armond,  Dinsmore,  Dougherty,  Gaines  of  Tennessee,  Howard, 
Jones  of  Virginia,  Kern,  Claude  Kitchin,  William  W.  Kitchin,  Kluttz,  Lever,  Little, 
Maddox,  Randell  of  Texas,  Richardson  of  Alabama,  Richardson  of  Tennessee, 
Robinson  of  Nebraska,  Rucker,  Russell,  Scarborough,  Shackleford,  Shafroth,  Shep- 
pard,  Slayden,  Snodgrass,  Snook,  Stark,  Tate,  Vandiver,  Wooten,  and  Zenor. 

Answered  "present:"  Barney,  Bromwell,  Emerson,  Finley,  Griggs,  Grosvenor, 
Heatwole,  Steele,  and  Stewart  of  New  Jersey. 

Not  voting:  Acheson,  Adams,  Adamson,  Allen  of  Kentucky,  Ball  of  Delaware, 
Ball  of  Texas,  Bankhead,  Beidler,  Bell,  Bellamy,  Belmont,  Billmeyer,  Bingham, 
Bisho]),  Blackburn,  Blakeney,  Bowersock,  Bowie,  Brandegee,  Bristow,  Broussard, 
Bull,  Burgess,  Burleson,  Burnett,  Butler  of  Missouri,  Butler  of  Pennsylvania,  Calder- 
head,  Caldwell,  C'assingham,  Clayton,  Connell,  Cooney,  Cooper  of  Texas,  Cousins, 
Creamer,  Curtis,  Cushman,  Dahle,  Davey  of  Louisiana,  Davidson,  Dayton,  Dick, 
Douglas,  Dovener,  Edwards,  Elliott,  Evans,  Fitzgerald,  Flanagan,  Flood,  Foerderer, 
Foss,  Foster  of  Illinois,  Fowler,  Fox,  Gardner  of  Massachusetts,  Gilbert,  Gillet,  of  New 
York,  Gillett  of  Massachusetts,  Glenn,  Goldfogle,  Gooch,  Graham,  Green  of  Penn- 
sylvania, Hamilton,  Hanbury,  Haugen,  Hay,  Henry  of  Mississippi,  Henry  of  Texas, 
Hill,  Hooker,  Hopkins,  Hughes,  Hull,  Irwin,  Jack,  Jackson  of  Kansas,  Jackson  of 
Maryland,  Jenkins,  Jett,  Kahn,  Kehoe,  Ketcham,  Kleberg,  Knapp,  Knox,  Lassiter, 
Latimer,  Lessler,  Lester,  Lewis  of  Georgia,  Lewis  of  Pennsylvania,  Lindsay,  Lit- 
tauer.  Long,  Loud,  Lovering,  McDermott,  McLain,  McRae,  Mahon,  Mercer,  Met- 
calf,  Meyer  of  Louisiana,  Miers  of  Indiana,  Mondell,  Moody  of  North  Carolina, 
Moody  of  Oregon,  Morgan,  Morrell,  Moss,  Mutchler,  Needham,  Neville,  Newlands, 
Norton,  Olmsted,  Patterson  of  Pennsylvania,  Perkins,  Pierce  of  Tennessee,.  Prince, 
Pugsley,  Ransdell  of  Louisiana,  Reeder,  Reid,  Rhea,  Rixey,  Robb,  Robinson  of 
Indiana,  Rumple,  Ruppert,  Schirm,  Selby,  Shallenberger,  Shattuc,  Sherman,  Sims, 
Skiles,  Smith  of  Kentucky,  William  Alden  Smith,  Southard,  Sparkman,  Sperry, 
Spight,  Stephens  of  Texas,  Stevens  of  Minnesota,  Storm,  Sutherland,  Swann,  Talbert, 
Taylor  of  Alabama,  Thayer,  Thompson,  Tompkins  of  New  York,  Trimble,  Under- 
wood, Wachter,  Wadsworth,  Wanger,  Weeks,  Wheeler,  White,  Williams  of  Missis- 
sippi, Wilson,  Wright,  and  Young. 

So  the  bill  was  passed. 

The  following  additional  pairs  were  announced: 

Mr.  Shattuc  with  Mr.  Kleberg,  on  this  bill. 

On  this  vote: 

Mr.  Heatwole  with  INIr.  Clayton. 

Mr.  Adams  with  Mr.  McCulloch. 

Mr.  Crumpacker  with  Mr.  Talbert. 

Mr.  Reeder  with  Mr.  Latimer. 

Mr.  Blakeney  with  Mr.  Wheeler. 

Mr.  Brandegee  with  Mr.  Flood. 

Mr.  Bristow  with  Mr.  Gooch. 

Mr.  Weeks  with  Mr.  Green,  of  Pennsylvania. 

Mr.  Knox  with  Mr.  Hay. 

Mr.  Jackson,  of  Maryland,  with  Mr.  Henry,  of  Texas. 

Mr.  Hanbury  with  Mr.  Jackson,  of  Kansas. 

Mr.  Graham  with  Kehoe. 

Mr.  Gillet,  of  New  York,  with  Mr.  Lewis,  of  Georgia. 


LEGISLATIVE    HISTORY 


635 


Mr.  Gillett,  of  Massachusetts,  witli  Mr.  Smith,  of  Kentucky. 

Mr.  Fowler  witli  Mr.  Thaver. 

Mr.  Blaekburu  with  iAIr.  Whiter 

Mr.  Mereer  with  Mr.  Robb. 

Mr.  Tompkins,  of  New  York,  with  I\[r.  Underwood. 

The  result  of  the  vote  was  then  announced  as  aliove  recorded. 

On  motion  of  Mr.  Corliss,  a  motion  to  reconsider  the  vote  by  which  the  ])ill  waa 
passed  was  laid  on  the  talile. 

Mr.  William  W.  Kitciiin.  Mr.  Speaker,  I  desire  to  ask  unanimous  consent  to 
change  my  vote  from  "present"  to  "yea"  on  the  motion  to  recommit.  I  voted 
"present"  under  the  impression  that  I  was  paired  with  the  gentleman  from  New 
York  [Mr.  Lessler]. 

The  Speaker  pro  tempore.  The  gentleman  from  North  Carolina  asks  unanimous 
consent  to  change  his  vote  as  recorded  on  the  motion  to  recommit,  and  to  vote 
"  yea"  now. 

Mr.  Payne.  I  think  that  would  not  be  a  good  precedent  to  establish. 

Mr.  RicHARnsoNj  of  Tennessee.  It  has  never  been  objected  to;  it  does  not  change 
the  result. 

Mr.  Payne.  I  know;  but  it  is  not  the  usual  i)ractice.  I  never  knew  it  before,  and 
therefore  1  shall  be  constrained  to  object. 

The  Speaker  pro  tempore.  The  gentleman  from  New  York  objects. 

Mr.  Payne.  The  gentleman  will  get  the  benefit  of  his  statement  in  the  Record. 

[The  lollowing  speech  appears  in  the  Appendix  to  the  Record  as  having  been  made 
on  January  17,  1903.] 

Mr.  GoocH.  Mr.  Cliairman,  the  growth  of  the  commerce  of  the  country  has  been 
so  marvelously  great  and  its  continued  development  is  so  desirable  that  there  is  a 
well -recognized  demand  for  the  creation  of  a  department  to  be  headed  by  a  secretary 
of  commerce.  Let  me  give  some  of  the  facts  and  figures  showing  the  growth  and 
importance  of  our  commerce.  The  industries  in  the  United  States  have  grown  in 
numbers  from  3,90S,677  in  the  year  1870  to  11,891,220  in  the  year  1900.  Our  manu- 
factures have  grown  from  $1,885,861,676  in  1860  to  $1.3,014,287,498  in  the  year  1900, 
and  the  mileage  of  our  railroads  has  grown  from  30,626  in  the  year  1860  to  194,321  in 
the  year  1900.  The  tonnage  of  American  vessels  engaged  in  domestic  trade  in  the 
year  1860  was  2,807,631  and  in  1900  4,338,145.  In  the  year  1860  American  vessels 
engaged  in  the  trade  on  the  Great  Lakes  rej)resented,  in  tons,  467,774,  and  in  the 
year  1900,  1,565,587.  And  I  might,  Mr.  Chairman,  go  on  and  furnish  a  long  list  of 
other  items  showing  the  material  development  and  industrial  growth  of  our  country, 
but  I  will  content  myself  by  calling  attention  to  these  items: 


Merchandise: 

Imports 

Exports 

Gold  and  silver: 

Imports 

Exports 

Manufactures  of  iron  and  steel: 

Imports 

Exports 

Cotton: 

Imports  of  raw  cotton 

Exports  of  domestic  cotton  . 
Receipts  from  customs 


8353, filG, 119 
S333, 576, 057 


SS,  550, 135 
866,546,239 


S'21,526,594 
85, 703, 024 


.pounds..  2,005,529 
....do....l,767,68P,338 
, 853,187,512 


$819,941,181 
51,394,483,082 

879, 829, 486 
8104,979,034 

820, 478, 728 
8121,913,548 

67, 398, 521 
3, 100, 583, 188 
8233,164,871 


Our  population  in  1860  was  upward  of  31,000,000,  and  this  year  it  is  estimated  to 
be  upward  of  87,000,000.  Projiertv  values,  real  and  personal,  have  grown  from 
$16,159,616,000  in  the  year  1860  to  $94,300,000,000  in  the  year  1900. 

The  total  numl)er  of  depositors  in  savings  banks  in  "i860  was  693,870;  in  1900, 
6,107,083.  We  have  no  record  of  the  total  deposits  in  banks  in  1860,  but  in  1880 
thev  amounted  to  $2,306,000,000;  in  1890,  $3,998,000,000,  and  in  1900  to  $7,464,000,000. 

The  number  of  farms  in  1860  was  2,044,077;  in  1890,  4,564,641,  and  in  1900, 
5,739,657. 

The  total  value  of  farm  animals  was,  in  1860,  $1,089,329,915,  and  in  1900, 
$2,981,722,945. 

The  total  value  of  farm  products  was,  in  1870,  $1,958,030,927,  and  in  1900, 
$3,764,177,706. 


636  LEGISLATIVE    HISTORY 

Our  exports  of  domestic  cotton  in  1860  amounted  to  1,767,686,338  pounds,  but 
after  the  abolition  of  slave  labor  the  amount  of  export  cotton  fell,  in  1870,  to 
958,358,523  pounds. 

For  the  fiscal  year  of  1902  our  exports  of  domestic  cotton  amounted  to  3,500,778,763 
pounds. 

These  facts  are  given  as  a  part  of  the  argument  of  the  committee  to  show  the 
importance  and  necessity  ior  this  proposed  department  of  connnerce.  I  do  not  wish 
to  detract  from  its  importance,  but,  Mr.  Chairman,  my  criticism  of  this  bill  is  that 
it  does  not  go  far  enough.  It  should  have  created  a  department  of  labor,  with  a 
Cabinet  officer  in  full  possession  of  all  the  information  pertaining  to  labor  in  our 
country  and  in  touch  with  the  laboring  people  throughout  our  land. 

The  party  to  which  I  owe  allegiance,  the  great  Democratic  party,  in  its  platform 
adopted  in  its  last  national  convention  jjut  forth  this  declaration: 

In  the  interest  of  American  labor  and  the  uplifting  of  the  workingman  as  the  corner  stone  of  the 
prosperity  of  our  country,  we  recommend  that  Congress  create  a  department  of  labor,  in  charge  of  a 
secretary  with  a  seat  in  "the  Cabhiet,  believing  that  the  elevation  of  the  American  laborer  will  bring 
with  it  increased  prosperity  to  our  country  at  home  and  to  otir  commerce  abroad. 

This  bill,  instead  of  giving  to  labor  an  independent  organization,  with  a  Cabinet 
oflicer  at  its  head,  projioses  to  put  that  department  under  the  supervision  and  con- 
trol of  a  secretary  of  connnerce.  The  platform  demand,  which  has  just  been  read, 
is  not  satisfied  by  the  bill  here  proposed,  nor  will  the  thoughtful  laboring  people  of 
the  country  be  satisfied  with  this  measure. 

Now,  Mr.  Chairman,  if  the  framers  of  this  bill  had  been  as  ready  to  recognize  the 
claim  of  labor  as  they  have  been  anxious  to  meet  the  demands  of  commerce  I  would 
have  said  nothing  in  this  debate.  Let  me  be  not  misiniderstood.  I  am  willing  to 
listen  to  the  appeal  of  the  commercial  interests  of  the  country,  but  I  insist  that  the 
labor  interests  be  given  a  fair  showing  in  the  pending  bill.  I  shall,  therefore,  sup- 
port the  proposition  of  the  gentleman  from  Alabama  [Mr.  Richardson],  which  will 
be  offered  at  the  proper  time,  to  recommit  this  bill  with  instructions  to  the  com- 
mittee to  report  back  a  bill  creating  a  department  of  commerce  and  a  department  of 
labor,  each  with  a  Cabinet  ofiicer. 

That  this  course  is  in  the  interest  of  the  public  welfare  ought  not  to  be  questioned. 
We  now  have  a  Secretary  of  the  Treasury  and  a  consular  service  to  look  after  the 
commercial  interests.  We  have  the  Labor  Bureau,  charged  with  the  duty  of  caring 
for  as  near  as  may  be  the  labor  interests.  If  connnerce  is  so  important  as  to  need  a 
separate  department,  we  can  with  equal  justice  demand  tliat  labor' be  accorded  a 
member  in  the  President's  official  family.  Foreign  relations,  finances,  law,  interior 
affairs,  post-offices  and  post-roads,  and  agriculture  each  have  an  adviser  to  the  Presi- 
dent.    Let  us  authorize  one  for  commerce  and  one  for  labor. 

Mr.  Chairman,  we  should  not  lail  to  incorporate  into  this  bill  a  provision  for  a 
secretary  of  labor.  The  labor  interests  of  the  country  have  been  seeking  this  nuich 
for  more  than  thirty  years.  They  now  repeat  the  request.  I  read  you  the  letter  of 
Mr.  Gompers,  the  president  of  tlie  American  Federation  of  Labor. 

[See  page  478  for  letter  of  Mr.  Com})ers.] 

Mr.  Tracy,  the  representative  of  the  American  Confederation  of  Labor,  and  Mr. 
Fuller,  the  representative  of  the  Brotherhood  of  Loi'omf)tive  Engineers  and  kindred 
organizations,  made  request  for  a  secretary  of  labor.  And  these  and  others  identified 
■with  the  labor  interests  went  further  than  this  and  protested  against  the  merger  of 
the  Department  of  Labor  into  the  department  of  commerce.  They  justly  claimed 
that  such  course  or  merger  would  not  best  subserve  the  interests  of  labor,  and  in 
effect  that  this  measure  would  not  Ije  an  advance  of  the  position  now  held  ]>y  labor 
under  existing  law.  We  now  have  an  indeiiendent  Bureau  of  Labor.  This  bill  pro- 
poses to  give  it  a  subordinate  and  dependent  place  under  a  secretary  of  commerce. 
This  measure,  as  it  is,  will  not  do  full  justice  to  the  labor  interests  and  is  not  in 
accord  with  the  wishes  of  the  millions  of  laboring  jK-ojile  who  constitute  our  great 
industrial  army,  carrying  forward  the  banner  of  progress  in  the  march  of  civilization. 


Part  III 

ADOPTION  OF  CONFERENCE  KEPORT 

On  Jjinuary  !!>,  1908,  the  Chair  hiid  before  the  Senate  the  amendment, 
in  the  nature  of  a  substitute,  of  the  House  of  Representatives,  for 
Senate  bill  509: 

The  President  pro  tempore.  The  Chair  lays  before  the  Senate  the  amendment,  in 
the  nature  of  a  sul)stitute,  of  the  House  of  Representatives  to  the  bill  (S.  569)  to 
establish  a  Department  of  Connneree  and  Labor. 

Mr.  Nelson.  I  move  that  the  Senate  disagree  to  the  amendment  of  the  House  of 
Representatives  and  ask  for  a  committee  of  conference  with  the  House,  the  Chair  to 
appoint  the  conferees. 

Mr.  Spooner.  1  hope  the  Senator  will  allow  the  amendment  to  be  printed.  We 
may  want  to  amend  the  amendment  of  the  House  of  Representatives. 

Mr.  Nelson.  I  ask  that  the  Ijill  may  be  printed  as  it  has  been  amended  l)y  the 
House  of  Representatives. 

The  President  pro  tempore.  And  no  further  action  taken  to-day? 

Mr.  Spooner.  I  hope  the  Senator  will  not  ask  for  the  appointment  of  a  committee 
of  conference  to-day.     The  Senate  may  want  to  amend  the  House  amendment. 

Mr.  CuLLOM.  Let  it  go  over. 

Mr.  Nelson.  I  think  the  usual  course  in  such  cases  is  to  appoint  a  committee  of 
conference. 

Mr.  Aldricii.  The  amendment  of  the  House  of  Representatives  is  a  very  short 
one,  I  suppose,  and  I  suggest  that  it  be  read,  and  then  it  will  api)ear  in  the  Record. 

Mr.  Nelson.  The  amendment  is  in  the  form  of  a  substitute  for  the  Senate  1)111. 

Mr.  Aldricii.  Will  it  take  long  to  read  the  House  substitute? 

Mr.  Nelson.  Yes;  it  will  take  quite  a  while. 

Mr.  Aldrich.  Then  I  withdraw  the  request. 

Mr.  Spooner.  Do  I  understand  the  Senator  from  Minnesota  to  ask  for  action  on 
this  matter  to-day? 

Mr.  Nelson.  Not  at  all.  I  simply  moved  to  disagree  to  the  amendment  of  the 
House  of  Representatives  and  ask  for  a  committee  of  conference.  I  do  not  intend  to 
bring  the  matter  up  this  morning. 

Mr.  Bailey.  Mr.  President,  I  desire  to  ask  a  question  in  regard  to  a  parliamentary 
matter.  If  that  motion  should  be  agreed  to,  would  tlie  amendment  of  the  House  of 
Representatives  be  oi)en  to  amenclment  afterwards  if  the  conference  committee 
report  it? 

Mr.  ALDRicn.   It  would  be  after  the  report  of  the  conference  committee,  if • 

Mr.  Bailey.  The  report  of  a  conference  committee  must  be  adojited  or  rejected  as 
a  whole,  as  I  understand. 

Mr.  Aldricii,  That  is,  if  they  come  to  a  final  agreement. 

Mr.  Bailey.  Yes. 

Mr.  Aldricii.  If  they  come  to  a  partial  agreement  on  the  matters  in  dispute,  it 
would  still  be  amendable.  Of  course,  either  House  can  agree  to  an  amendiiTent  of 
the  other  House  with  an  amendment,  or  as  long  as  the  matter  is  open  between  the 
conferees,  then  it  is  open  between  the  Houses.  When  it  is  closed  by  the  conferees, 
then  either  House,  both  Houses,  indeed,  must  accept  it  as  a  whole  or  reject  it  as  a 
whole. 

Mr.  Hale.  Undoubtedly. 

Mr.  Bailey.  And  it  looks  to  me  like  it  is  rather  a  dangerous  proposition  for  the 
Senate  to  put  it  in  a  position  where  we  must  reject  it  all  or  accept  it  all. 

Mr.  Hale.  I  hope  the  Senator  from  Minnesota  will  not  now  ask  the  Senate  to  send 
this  matter  to  a  commiltee  of  conference.  It  is  a  very  important  bill,  and  very  im- 
portant amendments  have  been  made  by  the  House.  Before  it  goes  to  a  committee 
of  conference,  with  the  tremendous  power  that  such  a  committee  has,  the  Senate 

637 


638  LEGISLATIVE    HISTORY 

ou;j:ht  to  })e  able  to  see  it,  and  if  any  Senator  desires  it  he  should  be  given  an  oppor- 
tunity to  vote  upon  concurring  in  certain  Ilovise  amendments.  Otherwise  the  whole 
sr(jpe  and  power  of  dealing  with  this  important  subject  is  left  to  the  conference  com- 
mittee, and  when  it  reports  we  are  substantially  helpless  here.  As  the  Senator  from 
Texas  has  said,  if  the  committee  agrees  in  conference  we  can  only  accept  or  reject  the 
report.  Senators  know  how  difficult  it  is  on  a  conference  report  to  make  any  change 
whatever.  It  is  not  in  the  interest  of  delay,  nor  of  anything  unfair,  to  ask  the  Sen- 
ator to  let  this^matter  stand  over. 

I  think  the  bill,  with  the  House  amendments,  had  better  be  printed,  so  that 
Senators  can  see  what  is  in  it,  and  then,  if  any  Senator  desires  to  move  to  concur,  it 
can  be  done.  After  that,  after  it  has  passed  through  that  proper  crucible,  then,  of 
course,  it  will  go  to  the  conference  committee. 

I  ask  that  the  bill  go  over  and  be  printed  with  the  House  amendments,  in  order 
that  the  Senate  may  see  it. 

Mr.  Aldrich.  Have  it  printed  in  the  Record. 

Mr.  Hale.  Let  it  be  printed  in  the  Record.     That  is  better  still. 

Mr.  CocKRELL.  And  also  as  a  1)111,  so  tliat  we  may  have  it  before  us. 

Mr.  Hale.  I  ask  that  it  be  printed  in  the  Record,  and  also  as  a  bill. 

The  President  pro  tempoi'e.  The  Senator  from  Maine  asks  that  the  bill  may  lie 
on  the  table 

Mr.  Hale.  Yes. 

The  President  pro  tempore.  That  it  lie  on  the  table  and  be  printed  as  a  bill,  and 
also  in  the  Record. 

Mr.  Hale.  With  the  House  amendments. 

The  President  pro  tempore.  With  the  House  amendments.  Is  there  objection  to 
the  request?    The  Chair  hears  none,  and  that  order  is  made. 

Mr.  Allison.  Before  this  question  passes  away  I  wish  to  state  that  I  understand 
that  the  House  has  passed  a  substitute  for  the  Senate  bill.  Therefore  everything 
that  is  in  either  bill  or  that  is  projected  in  either  bill  will  be  within  the  control  of 
the  conferees  on  the  part  of  the  two  Houses,  substantially  giving  them  the  power  to 
make  a  new  bill.  So  I  think  it  very  well  for  us  to  ascertain  what  the  differences  are, 
and  if  in  some  way  we  can  have  the  bill  printed,  so  that  we  can  see  at  a  glance  what 
the  House  have  agreed  to  that  was  in  the  original  bill  and  what  they  propose  to  sub- 
stitute for  the  text  in  other  places,  I  think  it  would  be  advantageous.  I  do  not 
know  that  it  can  be  done. 

Mr.  Hale.  I  fancy  the  clerks,  in  their  aptitude  in  all  such  matters,  can  present  to 
us  to-morrow  morning  in  print  what  will  show  the  original  Senate  bill  and  the 
changes  proposed  by  the  House,  so  that  at  a  glance  every  Senator  will  be  informed 
as  to  the  situation. 

The  President  pro  tempore.  The  Chair  is  informed  that  there  is  great  demand 
for  this  bill,  and  suggests  to  the  Senator  from  Maine,  if  he  will  allow  the  Chair  to 
do  so,  that  he  ask  for  the  printing  of  an  additional  number. 

Mr.  Hale.  I  think  that  is  a  very  good  suggestion.  We  had  Ijetter  have  500  addi- 
tional copies. 

The  President  pro  tempore.  Five  hundred? 

Mr.  Allison.  A  thousand. 

Mr.  Hale.  A  thousand. 

The  President  pro  tempore.  The  Senator  from  Maine  asks  that  a  thousand  addi- 
tional copies  of  the  bill  be  printed.  Is  there  objection?  The  Chair  hears  none,  and 
it  is  so  ordered. 

Mr.  Nelson.  On  account  of  the  opposition  to  the  bill  going  into  conference,  1  think 
it  had  better  be  referred  to  the  Committee  on  Commerce;  and  I  move  that  it  be 
referred  to  the  Committee  on  Commerce,  with  the  amendments. 

Mr.  Hale.  There  is  no  objection  to  that  course,  Mr.  President. 

The  President  pro  tempore.  The  question  is  on  agreeing  to  the  motion  of  the 
Senator  from  Minnesota  that  the  bill  be  referred  to  the  Committee  on  Commerce. 

Mr.  CocKRELL.  And  be  printed,  as  a  matter  of  course. 

The  President  pro  tempore.  That  order  has  already  been  made.  The  question  is 
on  agreeing  to  the  motion  of  the  Senator  from  Minnesota. 

The  motion  was  agreed  to. 

The  bill  as  passed  by  the  Senate  and  the  substitute  therefor  proposed  by  the 
House  of  Representatives  are  as  follows: 

An  act  (S.  569)  to  establish  the  Department  of  Commerce  and  Labor. 
Be  it  enacted,  etc.,  That  there  shall  bo  at  the  seat  of  government  an  executive  department  to  be 
known  as  the  Deiiartineiituf  ('(ininierce  and  I,al)(>r,  and  a  Secretary  of  ConmuTce  and  Labor,  who 
shall  be  the  head  IliiTeof,  wIki  sIimII  lie  apiHiinted  by  the  I'resident,  by  and  witli  the  advice  and  eon- 
sent  of  the  Senate,  wliosliall  receive  a  salary  nf  Js.uoo  i>er  annum,  aiid  whose  term  and  tenure  of 
office  shall  be  like  that  of  the  beads  of  the  other  Kxecutive  Departments;  and  section  158  of  the 


LEGISLATIVE    HISTORY  639 

Revised  Statutes  is  hereby  amended  to  inelude  such  Department,  and  the  provisions  of  title  4  of  the 
Revised  Statutes  ineludiiifj  all  amendments  thereto,  are  hereby  made  applicable  to  said  Department. 

Sec.  2.  That  there  shall  be  in  said  Deiiartment  an  Assistant  Secretary  of  Commerceand  La  bur,  tobe 
appointed  1)V  the  President  l)y  and  with  the  advice  and  consent  of  the  Senate,  wlio  shall  receive  a 
salary  of  S4,"000  a  year.  He  shall  perform  such  duties  as  shall  be  prescribed  by  the  Secretary  or 
required  by  law.  "  There  shall  also  be  one  chief  clerk  and  a  disbursing  clerk  and  such  other  clerical 
assistants  as  mav  from  time  to  time  be  authorized  by  Congress;  and  the  Auditor  for  the  State  and 
other  Deinirtments  shall  receive  all  accounts  accruing  in  or  relative  to  the  Department  of  Commerce 
and  Labor  and  examine  the  same,  and  tliereafter  certify  the  balance  and  transmit  the  accounts  with 
the  vouchers  and  certiticate,  to  the  Comptroller  of  the  Treasury  for  his  deeisi.in  thereon. 

Sec.  3.  That  it  shall  be  the  province  and  duty  of  said  Department  to  foster,  promote,  and  develop 
the  foreign  and  domestic  c<.immeree,  the  mining,  manufaeturing,  shipping,  and  lishery  industries,  the 
lalior  interests,  and  tlie  transjiortation  facilities  of  the  United  States:  and  to  this  encl  it  shall  be  vested 
with  jurisdiction  and  control  of  the  departments,  Imreaus,  offices,  and  branches  of  the  public  service 
hereinafter  si)ecilied,  and  with  such  other  I'owers  and  duties  as  may  be  prescribed  by  law. 

Sec.  4.  Thiit  the  following-named  ofiiees,  bureiius,  divisions,  and  branches  of  the  public  service, 
now  and  heretofore  under  the  juri.sdietion  of  the  Department  of  the  Treasury,  and  all  that  pertains  to 
the  same,  known  as  the  Life-Saving  Service,  tlie  Light-House  Board  and  the  Light-House  Service, 
the  Marine-Hospital  Service,  the  Steamboat-Inspection  Service,  the  Bureau  of  Navigation  and  the 
United  States  Shipping  Commissioners,  the  Bureau  of  Immigration,  and  the  Bureau  of  Statistics,  be, 
and  the  same  hereby  are,  transferred  from  the  Department  of  the  Treasury  to  the  Department  of 
Commerceand  Labor",  and  the  same  shall  hereafter  remain  under  the  jmisdiction  and  supervision 
of  the  last-named  Department;  an<l  that  the  Census  Ofhce,  and  all  that  pertains  to  the  same,  be,  and 
the  same  hereby  are,  transferred  from  the  Department  of  the  Interior  to  the  Department  of  Commerce 
and  Labor,  to  remain  henceforth  under  the  jurisdiction  of  the  latter;  that  the  Department  of  Labor 
and  the  office  of  Commissioner  of  Fish  and  Fisheries,  and  all  that  pertains  to  the  same,  be,  and  the 
same  hereby  are,  placed  under  the  jurisdiction  and  made  a  part  of  the  Department  of  Commerce  and 
Labor;  that  the  Bureau  of  Foreign  Commerce,  now  in  the  Department  of  State,  be,  and  the  same 
hereby  is,  transferred  to  the  Department  of  Commerce  and  Labor  and  consolidated  with  and  made  a 
part  of  the  Bureau  of  Statistics,  hereinbefore  transferred  from  the  Department  of  the  Treasury  to  the 
Department  of  Commerce  and  Labor,  and  the  two  shall  constitute  c  .ne  Ijureau  to  be  called  the  Bureau 
of  Statistics  with  a  chief  of  the  Bureau  and  one  assistant;  and  that  the  Secretary  of  Commerce  and 
Labor  shall  have  complete  control  of  the  work  of  gathering  and  distributing  statistical  information 
naturally  relating  to  the  subjects  confided  to  his  Department;  and  to  this  end  said  Secretary  shall 
have  i)Ower  to  employ  any  or  either  of  the  said  bureaus  and  to  rearrange  such  statistical  work  and 
to  distribute  or  consolidate  the  same  as  maybe  deemed  desirable  in  the  public  interest;  and  said 
Secretary  shall  also  have  authority  to  call  upon  other  Departments  of  the  Government  for  statistical 
data  and  results  obtained  by  theni;  and  said  Secretary  of  Commerce  and  Labor  may  collate,  arrange, 
and  pubhsh  such  statisticalinformation  so  obtained  in  such  manner  as  to  him  may  seem  wise. 

That  the  official  records  and  papers  now  on  file  in  and  pertaining  exclusively  to  "the  business  of  any 
bureau,  office,  department,  or  branch  of  the  public  service  in  this  act  transferred  to  the  Department 
of  Commerce  and  Labor,  together  with  the  furniture  now  in  use  in  such  bureau,  office,  department, 
or  branch  of  the  public  service,  shall  be,  and  hereby  are,  transferred  to  the  Department  of  Commerce 
and  Labor. 

Sec.  5.  That  there  shall  be  in  the  Department  of  Commerce  and  Labor  a  bureau  to  be  called  the 
Bureau  of  Manufactures,  and  a  chief  of  said  bureau,  who  shall  be  appointed  by  the  President,  by  and 
with  the  advice  and  consent  of  the  Senate,  and  who  .shall  receive  a  salary  of  S3, 000  per  annum.  There 
shall  also  be  in  said  Bureau  one  chief  clerk  and  such  other  clerical  assistants  as  may  from  time  ot 
time  be  authorized  by  Congress.  It  shall  be  the  province  and  duty  of  said  Bureau,  under  the  direc- 
tion of  the  Secretary,  to  foster,  promote,  and  develop  the  various  manufacturing  industries  of  the 
United  States,  and  markets  for  the  same  at  home  and  abroad,  domestic  and  foreign,  by  gathering, 
compiling,  pnbli.shing,  and  supplying  all  available  and  u.seful  information  concerning  such  industries 
and  such  markets,  and  by  such  other  methods  and  means  as  may  be  prescribed  by  the  Secretary  or 
provided  by  law.  And  all  consular  officers  of  the  United  States,  including  consul-generals,  consuls, 
and  commercial  agents,  are  hereby  required,  and  it  is  made  a  part  of  their  duty,  under  the  direction 
of  the  Secretary  of  State,  to  gather  and  compile,  from  time  to  time,  useful  and  material  information 
and  statistics  in  respect  to  the  commerce,  industries,  and  markets  of  the  countries  and  places  to 
which  such  consular  officers  are  accredited,  and  to  send,  under  the  direction  of  the  Secretary  of 
State,  reports  quarterly,  or  oftener  If  reqiiired,  of  the  information  and  statistics  thus  gathered  and 
compiled,  such  reports  to  be  transmitted  through  the  State  Department  to  the  Secretary  of  the 
Department  of  Commerce  and  Labor. 

Sec.  6.  That  the  jurisdiction,  supervision,  and  control  now  possessed  and  exercised  by  the  Depart- 
ment of  the  Treasury  over  Chinese  immigration,  and  over  the  fur-seal,  salmon,  and  other  fisheries  in 
Alaska,  be,  and  the  same  hereby  is,  transferred  to  and  vested  in  the  Department  of  Commerce  and 
Labor. 

Sec.  7.  That  the  Secretary  of  Commerce  and  Labor  shall  annually,  at  the  close  of  each  fiscal  year, 
make  a  report  in  writing  to  Congress,  giving  an  account  of  all  moneys  received  and  disbursed  by  him 
and  his  Department,  and  describing  the  work  done  by  the  Departnient  in  fostering,  promoting,  and 
developing  the  foreign  and  domestic  commerce,  the  mining,  manufacturing,  shipping,  and  fishery 
industries,  and  the  transportation  facilities  of  the  United  States,  and  making  such  recommendations 
as  he  shall  deem  necessary  for  the  effective  performance  of  the  duties  and  purposes  of  the  Depart- 
ment. He  shall  also,  from  time  to  time,  make  such  special  investigations  and  reports  as  he  may 
be  required  to  do  by  the  President,  or  by  either  House  of  Congress,  or  which  he,  himself,  may  deem 
necessary  and  urgent. 

Sec.  8.  That  the  Secretary  of  Commerce  and  Labor  shall  have  charge,  in  the  buildings  or  premises 
occupied  by  or  appropriated  to  the  Department  of  Commerce  and  Labor,  of  the  library,  furniture, 
fixtures,  records,  and  other  property  pertaining  to  it,  or  hereafter  acquired  for  use  in  its  business;  and 
he  shall  be  allowed  to  expend  for  "periodicals  and  the  purposes  of  the  library,  and  for  the  rental  of 
appropriate  quarters  for  the  accommodation  of  the  Department  of  Commerce  and  Labor  within  the 
District  of  Columbia,  and  for  all  other  incidental  expenses,  such  sums  as  Congress  may  provide  from 
time  to  time:  Providnl,  however.  That  where  any  office,  bureau,  or  branch  of  the  public  service  trans- 
ferred to  the  Department  of  Commerce  and  Labor  by  this  act  is  occupying  rented  buildings  or  prem- 
ises, it  may  still  continue  to  do  so  until  other  suitable  quarters  are  provided  for  its  use:  And  provided 
further,  That  all  officers,  clerks,  and  employees  now  employed  in  any  of  the  bureaus,  offices,  depart- 
ments, or  branches  ol  the  public  service  In  this  act  transferred  to  the  Department  of  Commerce  and 
Labor  are  each  and  all  hereby  transferred  to  said  Department  at  their  present  grades  and  salaries, 
exceptwhere  otherwise  provided  in  this  act:  And  provided  further.  That  all  laws  prescribing  the  work 
and  defining  the  duties  of  the  several  bureaus,  offices,  departments,  or  branches  of  the  public  service 
by  this  act  transferred  to  and  made  a  part  of  the  Department  of  Commerce  and  Labor  shall,  so  far  as 
the  same  are  not  in  conflict  with  the  provisions  of  this  act,  remain  in  full  force  and  effect  untiFother- 
wise  provided  by  law. 


640  LEGISLATIVE    HISTORY 

Sec.  9.  That  all  power  and  authority  heretofore  possessed  or  exercised  by  the  head  of  any  execu- 
tive department  over  any  bureau,  oftice,  branch,  or  division  of  the  pul)lic  service  by  this  act  trans- 
ferred to  the  Department  of  C;ommeri'e  and  Labor,  or  any  business  urisins  therefriiin  or  pertaining- 
tliereto,  whetlier  of  an  aiijiellate  (ir  revisury  character,  or  otherwise,  sliall  liereafter  lie  vested  in  and 
exercised  by  the  head  of  tlie  .'■aid  ])epartment  of  Commerce  and  Labor.  And  all  acts  or  parts  of  acts 
inconsistent  with  this  act  are,  so  far  as  so  inconsistent,  hereby  repealed. 

Sec.  10.  A  person,  to  be  designated  by  the  Secretary  of  State,  shall  be  appointed  to  formulate, 
under  his  direction,  for  the  instruction  of  consular  ollicers,  the  rerjuestsof  the  Secretary  of  Commerce 
and  Labor,  and  to  prepare  from  the  dispatches  of  consular  dllicers,  for  transmission  tii  the  Secretary 
of  Commerce  and  Labor,  such  information  as  pertains  to  the  work  of  the  Deiiartment  of  Connnercc 
and  Labor,  and  such  person  shall  have  the  rank  and  salary  of  a  chief  of  bureau,  and  be  furnished 
with  such  clerical  assistance  as  may  be  deemed  necessary  by  the  Secretary  of  State. 

Sec.  11.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


In  the  House  or  Representatives,  United  States, 

Jaminrij  l,'i,  V.iOS. 

Resolved,  That  the  bill  from  the  Senate  (S.  509)  entitled  "An  act  to  establish  the  Department  of 
Commerce  and  Lalxir"  do  jiass  with  the  following  amendment: 

Strike  out  all  after  the  enacting  clause  and  insert: 

"That  there  sliall  Ije  at  tiie  seat  of  government  an  executive  department  to  be  known  as  the 
Department  of  Conniieree  and  Labor,  and  a  Secretary  of  (.'ommeree  and  Laljor,  who  shall  he  the  head 
thereof,  who  shall  lie  apiiointed  liy  tile  President,  by  and  with  the  advice  and  consent  of  tlie  Senate, 
who  shall  receive  a  salary  of  jf^.OUU  ]ier  annum,  and  wliose  term  and  tenure  of  olliei'  shall  lie  like  that 
of  the  lieads  of  the  other  Kxecutive  Departments;  and  section  158  of  the  Revised  Statutes  is  hereliy 
amended  to  include  such  Department,  ami  the  ]irovisons  of  title  4  of  the  Revised  Statutes,  including 
all  amenilments  tlien.'to,  are  hereliy  made  ajiplicalile  to  said  Department.  The  said  Secretary  shall 
cause  a  seal  of  olliee  to  be  made  for  tlie  said  Department  of  such  device  as  the  President  shall  approve, 
and  judicial  notice  shall  be  taken  of  the  said  seal. 

"Sec.  '1.  That  tihere  shall  be  in  said  De|iartiiu'nt  an  Assistant  Secretary  of  Commerce  and  Labor,  to 
beaiipointed  by  the  I'resiileiit,  who  shall  receixe  a.  salary  of  S5, 000  a  year.  He  shall  perform  such 
duties  as  shall  be  jirescribi'd  liy  the  Secretary  or  rei|uired  by  law.  .  There  shall  also  be  one  chief  clerk 
and  a  disbursing  clerk  and  such  other  clerical  assistants  as  may  from  time  to  time  be  authorized  by 
Congress;  and  the  Auditor  for  the  State  and  other  Deinirtmeuts  shall  receive  all  accounts  accruing  in 
or  relative  to  the  Department  of  Commerce  and  Labor  and  examine  the  saiin',  and  certify  the  bal- 
ances arising  thereon  to  the  Secretary  of  the  Treasury  in  the  same  manner  as  the  balances  on  similar 
accounts  are  certitied  under  existing  law. 

"Sec.  3.  That  it  shall  be  the  province  and  duty  of  said  Department  to  foster,  promote,  ajid  develop 
the  foreign  and  domestic  commerce,  the  mining,  manufacturing,  shipping,  and  fishery  industries, 
the  labor  interests,  and  the  tnuisi>ortation  facilities  of  the  United  States;  and  to  this  end  it  shall  be 
vested  with  jurisdiction  and  control  of  the  (h'partmi/nts,  bureaus,  offices,  and  branches  of  the  public 
service  hereinafter  s|iecilieil,  and  with  such  other  powers  and  duties  as  may  be  prescribed  by  law. 
All  unexpended  appropriations,  wliich  shall  be  availalile  at  the  time  when  this  act  takes  effect,  in 
relation  to  the  various  offices,  bureaus,  divisions,  and  other  branches  of  the  jinblic  service,  which 
shall,  by  this  act,  be  transferred  to  or  included  in  tlie  Department  of  Commerce  and  I^abor,  or  which 
may  luTcafter,  in  accordance  with  the  provisions  of  this  act,  be  so  transferred,  shall  become  avail- 
able, from  the  time  of  such  transfer,  for  expenditure  in  and  by  the  Department  of  Commerce  and 
Labor,  and  shall  be  treated  the  same  as  though  said  branches  of  the  public  service  had  been  directly 
named  in  the  laws  making  said  appropriations  as  parts  of  the  Department  of  Commerce  and  Labor, 
under  the  direction  of  the  Secretary  of  said  Department. 

"Sec.  4.  That  the  following-named  otlices,  bureaus,divisions,andbranchcs  of  the  public  service,  now 
and  heretofore  under  the  jurisdiction  of  the  Department  of  the  Treasury,  and  all  that  pertains  to  the 
same,  known  as  tlie  Light  House  Board,  the  Light-House  Establishment,  the  National  Bureau  of 
Stanclards,  the  Coast  and  Geodetic  Survey,  the  Commissioner-General  of  Immigration,  the  Commis- 
sioners of  Immigration,  the  Bureau  of  Immigration,  the  immigration  service  at  large,  and  the  Bureau 
of  Statistics,  be,  and  the  same  hereby  are,  transferred  from  the  Department  of  the  Treasury  to  the 
Department  of  Commerce  and  Labor,  and  the  same  shall  hereafter  remain  underthe  jurisdiction  and 
supervision  of  the  last-named  Deiiartment;  and  that  the  Census  Office,  and  all  that  pertains  to  the 
same,  be,  and  the  same  hereby  is,  transferred  from  the  Department  of  the  Interior  to  tlie  Dcjiartment 
of  Commerce  and  Lalior,  to  remain  henceforth  under  the  jurisdiction  of  the  latter;  that  the  Depart- 
ment of  Labor,  the  Fish  Commissioner,  and  the  Office  of  Commissioner  of  Fish  and  Fisheries,  ami  all 
that  pertains  to  the  same,  be,  and  the  same  hereby  are,  [ilaced  under  the  jurisdiction  ami  made  a 
part  of  the  Deijartment  of  Commerce  and  Labor;  that  the  Bureau  of  Fi'ireign  Commerce,  now  in  the 
Department  of  State,  be,  and  the  same  hereby  is,  transferred  to  the  Department  of  Commerce  and 
Labor  and  consolidated  with  and  made  a  part  of  the  Bureau  of  Statistics,  hereinbefore  transferred 
from  the  Department  of  the  Treasury  to  the  Department  of  Commerce  and  Labor,  and  the  two  shall 
constitute  one  bureau,  to  be  called  the  Bureau  of  Statistics,  with  a  chief  of  the  Burea;;;  and  that  the 
Secretary  of  Commerce  and  Labor  shall  have  control  of  the  work  of  gathering  and  distributing  sta- 
tistical information  naturally  relating  to  the  subjects  confided  to  his  Deiiartment;  and  the  Secretary 
of  (:oiumerce  and  Latior  is  hereby  given  the  power  and  authority  to  rearrange  the  statistical  work  of 
the  bureaus  and  offices  confided  to  said  Department,  and  to  consolidate  any  of  the  statistical  bureaus 
and  olliees  transferred  to  sai<l  Department;  and  said  Secretary  shall  also  liave  authority  to  call  upon 
other  departinentsof  theGovernment  for  statistical  data  and  results  obtained  by  them;  and  .said  Sec- 
retary of  Connneree  and  Labor  may  collate,  arrange,  and  publish  such  statistical  information  so 
obtained  in  such  manner  as  to  him  may  seem  wise. 

"That  the  official  records  and  papers  now  on  file  in  and  pertaining  exclusively  to  the  business  of 
anv  bureau,  otliee,  department,  or  branch  of  the  public  service  in  this  act  transferred  to  the  Depart- 
ment of  Commerce  and  Labor,  together  with  the  furniture  now  in  use  in  such  bureau,  office,  depart- 
ment, or  branch  of  the  public  service,  shall  be,  and  hereby  are,  transferred  to  the  Department  of 
Commerce  and  Labor. 

"Sec.  5.  That  there  shall  be  in  the  Department  of  Commerce  and  Labor  a  bureau  to  be  called  the 
Bureau  of  Manufactures,  and  a  chief  of  said  Bureau,  who  shall  be  appointed  by  the  President,  and 
who  shall  receive  a  salary  of  $4,000  per  annum.  There  shall  also  be  in  said  Bureau  such  clerical  assist- 
ants as  may  from  time  to  lime  be  authorized  by  Congress.  It  shall  be  the  province  and  duty  of  said 
Bureau,  tnider  the  diiection  of  the  Secretary,  to  foster,  promote,  and  develop  the  various  manufacturing 
industries  of  the  I'nited  Stales,  and  markets  for  the  same  at  home  and  abroad,  domestic  and  foreign, 
by  gathering,  compiling,  publishing,  and  supplying  all  availalile  an<l  useful  information  concerning 
such  industries  and  such  markets,  and  by  such  other  methods  and  means  as  may  be  prescribed  by 
the  Secretifry  or  provided  by  law.    And  all  consular  officers  of  the  United  States,  including  consuls- 


LEGISLATIVE    HISTOHY  641 

pencral,  consuls,  and  commercial  agents,  are  hereby  required,  and  it  is  made  a  part  of  their  duty, 
under  the  direction  of  the  Secretary  of  State,  to  gather  and  compile,  from  time  to  time,  useful  arid 
material  iiil'oniiMtion  and  statistics  in  respect  to  the  subjects  cmunerated  in  section  3  of  tliis  act  in  the 
countries  and  places  to  which  such  consular  otliccrs  are  accredited,  and  to  send,  \nid^'r  the  direction 
of  the  Secretary  of  State,  reports  as  often  as  required  of  the  information  and  statistics  thus  gathered 
and  comiiiled,  s"uch  reports  to  be  transmitted  through  the  State  Department  to  the  Secretary  of  the 
Department  of  t'ommerce  and  Labor. 

"SEC.  11.  That  there  shall  be  in  the  Department  of  Commerce  and  Labor  a  bureau  to  be  called  the 
Bureau  of  Corporations,  and  the  chief  of  said  Bureau  shall  be  appointed  by  the  President  and  sliall 
receive  a  salary  of  54,000  per  annum.  There  shall  also  be  in  said  Bureau  such  clerks  and  assistants  as 
may  from  time  to  time  be  authorized  by  law.  It  shall  be  the  province  and  duty  of  said  Ruieau,  under 
the"direction  of  the  Secretary  of  Commerce  and  Labor,  to  gather,  compile,  jaiblish,  and  supply  useful 
information  concerning  such  corporations  doing  business  within  the  limits  of  tlie  Cnited  States  as 
sliall  engage  in  interstate  commerce  or  in  commerce  between  the  United  States  and  any  foreign 
country,  and  to  attend  to  such  other  duties  as  may  be  hereafter  provided  by  law. 

"Sec".  7.  That  the  jurisdiction,  .supervision,  and  control  now  possessed  and  exercised  by  the  Depart- 
ment of  the  Treasury  over  the  fur-seal,  salmon,  and  other  fisheries  of  Alaska  and  over  the  immigra- 
tion of  aliens  into  tlie  Llnited  States,  its  waters,  territories,  and  any  place  subject  to  the  jurisdiction 
thereof,  are  hereby  transferred  and  vested  in  the  Department  of  Commerce  and  Labor.  That  the 
authority,  power,  and  jurisdiction  now  possessed  and  exercised  by  the  Secretary  of  the  Treasury  by 
virtue  of  any  law  in  relation  to  the  e.vclusion  from  and  the  residence  within  the  United  States,  its 
Territories,  and  the  District  of  Columbia,  of  Chinese  and  persons  of  Chinese  descent,  are  hereby  trans- 
ferred to  and  conferred  upon  the  Secretary  of  Commerce  and  Labor,  and  the  authority,  power,  and 
jurisdiction  in  relation  thereto  now  vested  by  law  or  treaty  in  the  collectors  of  cu.stoms  and  the  col- 
lectors of  internal  revenue  are  hereby  conferred  upon  and  vested  in  such  officers  under  the  control 
of  the  Commissioner-General  of  Immigration  as  the  Secretary  of  Commerce  and  Labor  may  designate 
therefor. 

"Sec.  8.  That  the  Secretary  of  Commerce  and  Labor  shall  annually,  at  the  close  of  each  fiscal  year, 
make  a  report  in  writing  to  Congre.ss,  giving  an  account  of  all  moneys  received  and  disbursed  by 
him  and  his  Department,  and  describing  the  work  done  by  the  Department  in  fostering,  promoting, 
and  developing  the  foreign  and  domestic  commerce,  the  mining,  manufacturing,  shipping,  and 
fishery  industries,  and  the  transportation  facilities  of  the  United  States,  and  making  such  recom- 
mendations as  he  shall  deem  necessary  for  the  effective  performance  of  the  duties  and  purposes  of 
the  Department.  He  shall  also  from  time  to  time  make  such  special  investigations  and  reports  as  he 
may  be  required  to  do  by  the  President,  or  by  either  House  of  Congress,  or  which  he  himself  may 
deem  necessary  and  urgent. 

"Sec.  9.  That  the  Secretary  of  Commerce  and  Labor  shall  have  charge,  in  the  buildings  or  premises 
occupied  by  or  appropriated  to  the  Department  of  Commerce  and  Labor,  of  the  library,  furniture, 
fixtures,  records,  and  other  property  pertaining  to  it  or  hereafter  acquired  for  use  in  its  business;  and 
he  shall  be  allowed  to  expend  for  periodicals  and  the  purposes  of  the  library,  and  for  the  rental  of 
appropriate  quarters  for  the  accommodation  of  the  Department  of  Commerce  and  Labor  within  the 
District  of  Columbia,  and  for  all  other  incidental  expen.ses,  .such  .sums  as  Congress  may  provide  from 
time  to  time:  Provided,  however.  That  where  any  office,  bureau,  or  branch  of  the  puldic  service  trans- 
ferred to  the  Department  of  Commerce  and  Labor  by  this  act  is  occupying  rented  buildings  or 
premises,  it  may  still  continue  to  do  so  until  other  suitable  quarters  are  provided  for  its  use:  And 
provided  J'urther,'Thiit  all  oflicers,  clerks,  and  employees  now  employed  in  any  of  the  bureaus,  offices, 
departments,  or  branches  of  the  public  service  in  this  act  transferred  to  the  Department  of  Commerce 
and  Labor  are  each  and  all  hereby  transferred  to  .said  Department  at  their  present  grades  and  salaries, 
except  where  otherwise  provided  in  this  act:  And  provided  further,  That  all  laws  prescribing  the  work 
and  defining  the  duties  of  the  several  bureaus,  offices,  departments,  or  branches  of  the  public  service 
bv  this  act  transferred  to  and  made  a  part  of  the  Department  of  Commerce  and  Labor  shall,  so  far  as 
the  same  are  not  in  conflict  with  the  provisions  of  this  act,  remain  in  full  force  and  effect  until 
otherwise  provided  by  law. 

"  Sec.  10.  That  all  power  and  authority  heretofore  possessed  or  exercised  by  the  head  of  any  execu- 
tive department  over  any  bureau,  office,  brancli,  or  division  of  the  public  service  by  this  act  trans- 
ferred to  the  Department  of  Commerce  and  ^Labor,  or  any  business  arising  therefrom  or  pertaining 
thereto,  whether  of  an  appellate  or  revisory  character  or  otherwise,  shall  hereafter  be  vested  in  and 
exercised  by  the  head  of  the  said  Department  of  Commerce  and  Labor.  And  all  acts  or  parts  of  acts 
inconsistent  with  this  act  are,  so  far  as  .so  inconsistent,  hereby  repealed. 

"Sec.  11.  A  person,  to  be  designated  by  the  Secretary  of  State,  shall  be  appointed  To  formulate, 
under  his  direction,  for  the  instruction  of  consular  officers  the  requests  of  the  Secretary  of  Commerce 
and  Labor;  and  to  prepare  from  the  dispatches  of  consular  officers,  for  tran.smission  to  the  Secretary 
of  Commerce  and  Labor,  such  information  as  pertains  to  the  work  of  the  Department  of  Commerce 
and  Labor;  and  such  person  shall  have  the  rank  and  salary  of  a  chief  of  bureau,  and  be  furnished 
with  such  clerical  assistants  as  may  from  time  to  time  be  authorized  by  la\v. 

"Sec.  12.  That  the  President  be," and  he  is  hereby,  authorized,  by  order  in  writing,  to  transfer  at 
any  time  the  whole  or  any  part  of  any  office,  bureau,  division,  or  other  branch  of  the  public  service 
engaged  in  statistical  or  scientific  work,  or  the  Interstate  Commerce  Commis.sion,  to  the  Department 
of  Commerce  and  Labor;  and  in  every  such  case  the  duties  and  authority  performed  by  and  con- 
ferred by  law"  upon  such  office,  bureau,  division,  or  other  branch  of  the  public  service,  or  the  part 
thereof  .so  transferred,  shall  be  thereby  transferred  Mith  .such  office,  bureau,  division,  or  other  branch 
of  the  public  service,  or  the  part  thereof  which  is  so  transferred.  And  aH  power  and  authority  con- 
ferred by  law,  both  supervisory  and  appellate,  ujion  the  department  from  which  such  transfer  is 
made,  or  the  secretary  thereof,  in  relation  to  the  said  office,  bureau,  division,  or  other  brancli  of  the 
public  service,  or  the  part  thereof  so  transferred,  shall  immediately,  when  such.transfer  is  so  ordered 
Ijy  the  President,  be  fully  conferred  upon  and  vested  in  the  Department  of  Commerce  and  Labor,  or 
the  Secretary  thereof,  asthe  case  may  be,  as  to  the  whole  or  part  of  such  office,  bureau,  division,  or 
other  branch  of  the  public  service  so  transferred. 

"  Sec.  1:5.  That  this  act  shall  take  effect  and  be  in  force  from  and  after  its  pas.sage:  Provided,  how- 
ever. That  the  provisions  in  this  act  in  relation  to  the  transfer  of  any  existing  office,  bureau,  division, 
officer,  or  other  branch  of  the  public  service  or  authority  now  conferred  thereon,  to  the  Department 
of  Commerce  and  Labor  shall  take  effect  and  be  in  force  on  the  1st  day  of  July,  1903,  and  not  before." 

SENATE   CONFEREES   APPOINTED   JANUARY   29,  1903. 

]Mr,  Hanna.  I  am  instructed  by  the  Committee  on  Commerce,  to  whom  were 
referred  the  bill  (S.  569)  to  establish  the  Department  of  Commerce  and  Labor  and 
the  amendment  of  the  House  of  Representatives  thereto,  to  recommend  a  disagree- 

27628—04 41 


642  LEGISLATIVE    HISTORY 

ment  to  the  House  amendment  and  ask  for  a  conference  on  the  disagreeing  votes  of 
the  two  Houses. 

The  President  pro  tempore.  The  Senator  from  Ohio  moves  that  the  Senate  dis- 
agree to  the  amendment  of  the  House  of  Representatives  and  requests  a  conference. 

The  motion  was  agreed  to. 

By  unanimous  consent,  the  President  pro  tempore  was  authorized  to  appoint  the 
conferees  on  the  part  of  the  Senate;  and  Mr.  Hanna,  Mr.  Nelson,  and  Mr.  Clay 
were  appointed. 

HOUSE    CONFEREES   APPOINTED   .lANU.VKY    29,   1903 

The  Speaker  pro  tempore  laid  before  the  House  the  bill  (S.  569)  to  establish  the 
Department  of  Commerce  and  Labor,  with  House  amendment  disagreed  to  by  the 
Senate. 

Mr.  Hepburn.  Mr.  Speaker,  I  move  that  the  House  insist  upon  its  amendment 
and  agree  to  the  conferem-e  asked  by  the  Senate. 

The  Speaker  pro  tempore.  The  gentleman  from  Iowa  moves  that  the  House  insist 
upon  its  amendment  and  agree  to  the  conference  asked  by  the  Senate. 

The  motion  was  agreed  to. 

The  Speaker  pro  tempore  announced  the  appointment  of  the  following  conferees: 
Mr.  Hepburn,  Mr.  Mann,  and  Mr.  Richardson,  of  Alabama. 

conference   report   to    house   FEBRUARY    9,     1903 

Mr.  Hepburn.  Mr.  Speaker,  I  desire  to  present  a  conference  report,  together  with 
the  statement  of  the  conferees,  on  the  bill  (S.  569)  to  establish  a  Department  of 
Commerce  and  Labor,  and  ask  that  the  same  be  printed  in  the  Record,  in  accordance 
with  the  rules. 

The  Speaker  pro  tempore.  The  gentleman  from  Iowa  submits  the  conference 
report,  together  with  a  statement  of  the  conferees,  which  will  be  printed  in  the 
Record,  in  accordance  with  the  rules. 

The  conference  rej^ort  is  as  follows: 

The  committee  of  conference  on  the  disagreeing  votes  of  the  two  Houses  on  the  amendment  of  the 
House  to  the  bill  (S.  569)  "  to  establish  the  Department  of  Commerce  and  Labor,"  having  met,  after 
full  and  free  conference,  have  agreed  to  recommend  and  do  recommend  to  their  respective  Houses  as 
follows: 

That  the  Senate  recede  from  its  disagreement  to  the  amendment  of  the  House,  and  agree  to  the 
same  with  amendments  as  follows:  Page  2,  line  &  of  th6  amendment,  strike  out  all  alter  the  word 
"Congress"  to  the  end  of  section  2  and  insert  in  lieu  thereof  the  following:  "  and  the  Ar.ditnr  fur  the 
State  and  other  departments  shall  receive  and  examine  all  accounts  of  snlaries  and  incidonal  ex- 
penses of  the  oflice  of  the  Secretary  of  Commerce  and  Labor,  and  of  all  burt'aus  and  dllices  uiider  his 
direction,  all  accounts  relating  to  the  Light-House  Board,  Steamboat-Inspection  Service,  Jmmigration, 
Navigation,  Alaskan  fur-seal  tisheries,  the  National  Bureau  of  Standards,  Coast  and  Geodetic  Survey, 
Census,  Department  of  Labor,  Fish  Commission,  and  to  all  other  business  within  the  jurisdiction  of 
the  Department  of  Commerce  and  Labor,  and  certify  the  balances  arising  thereon  to  the  division  of 
bookkeeping  and  warrants  and  send  forthwith  a  copy  of  each  certificate  to  the  Secretary  of  Com- 
merce and  Labor." 

Page  3,  line  15  of  the  amendment,  insert,  after  the  word  "Establishment,"  the  following:  "the 
Steamboat-Inspection  Service,  the  Bureau  of  Navigation,  the  United  States  Shipping  Oommi.ssioners." 

Page  4,  line  3  of  the  amendment,  strike  out  the  word  "Commissioner"  and  insert  in  lieu  the  word 
"Commission." 

Strike  out  all  of  section  6  and  insert  in  lieu  tlie  following: 

"  Sec.  0.  That  there  shall  be  in  the  Department  of  Commerce  and  Labor  a  bureau  to  be  called  the 
Bureau  of  Corporations,  and  a  Commissioner  of  Corporations  who  shall  be  the  head  of  said  Bureau,  to 
be  appointed  by  the  I'rosident,  who  sliall  receive  a  salary  of  S5,000  per  annum.  There  shall  also  be 
in  said  Bureau  a  Deputy  Coinmissioner,  who  shall  receive  a  salary  of  $3, .WO  per  annum  and  who  shall 
in  the  absence  of  theComtiiissioneract  asandperfoi'ui  the  duties  of  the  Commissioner  of  Corporations, 
and  who  shall  also  perform  such  other  duties  as  may  be  assigned  to  him  by  the  Secretary  of  Commerce 
and  Labor  or  by  the  said  Coniinissioner.  There  shall  also  be  in  the  said  Biireau  a  chief  clerkLand  such 
special  agents,  clerks,  and  otlier  employees,  as  may  be  autliorized  l)y  law. 

"The  said  Commissioner  shall  have  power  and  autlmrity  to  make,  tinder  the  direction  nnd  control 
of  the  Secretary  of  Commerce  and  Labor,  diligent  investigation  into  the  or.Lcanizatioii,  conduct,  and 
management  of  the  business  of  any  corporation,  joint-stock  com  11,-iny,  or  corpora  teconiliiTiat  ion  engaged 
in  commerce  among  the  several  States  and  wit'li  foreign  nations,  excepting  connnon  carriers  subject 
to  'an  act  to  regulate  commerce,'  appro  vecl  February  4,  llssT,  and  toga  tiler  such  in  forma  ti<in  and  (hita 
as  will  enable  the  President  of  tlie  United  States  to  make  recommendations  to  Congress  for  legislation 
for  the  regulation  of  such  commerce,  and  to  report  such  data  to  the  President  from  time  to  time  as  he 
shall  reiiuire;  and  the  information  so  obtained,  or  as  much  thereof  as  the  President  may  direct  shall 
be  made  laiblic. 

"In  order  to  accomplish  the  purposes  declared  in  the  foregoing  part  of  this  section,  the  said  Com- 
missioner sliall  have  and  exercise  tlie  same  power  and  antliority  in  respect  to  corporations,  joint- 
stock  companies,  and  coiuliiiiatious  subject  to  the  provisions  hereof  as  is  conferred  on  the  Interstate 
Commerct  Commission  in  said  'act  to  regulate  commerce'  and  the  amendments  tliereto  in  respect  to 
common  carriers  so  far  as  tlie  same  iiuiy  tie  applicable,  including  the  right  to  subpo'ua  and  compel 
the  attendance  and  testimony  of  witnesses  iiiid  the  production  of  documentary  eviden<'i'  and  to 
administeroMlhs.  .Ml  the  reiiuirements, obligations,  liabilities, and  immunities  imposed  orcouferred 
by  said  '  act  to  regulate  commerce'  and  by  'an  act  in  relation  to  testimony  bel'orc  the  Interstatt-  ( 'oiii- 
merce  Commission,'  etc., approved  I'"ebruary  11,  KS'.k;,  supiileineiital  to  said  'act  to  regulate  commerce,' 
sliiiU  also  api)ly  to  all  persons  who  may  hv  subpieiiaed  to  testily  as  witnesses  or  to  produce  document- 
ary evidence  in  pursuance  of  the  authority  conferred  by  this  section. 

"It  shall  also  be  the  province  and  duty  of  said  Bureau,  under  the  direction  of  the  Secretary  of 


LEGISLATIVE    HISTORY  643 

Commoroe  and  Labur,  to  gather,  coniiiiU',  pnlilisli,  and  supply  n.sefiil  information  concerning  cor- 
p(iratii>ns  doing  hnsiness  within  tlie  limits  of  the  Unite(l  States  as  shall  engage  in  interstate  commerce 
or  ill  coiMiuerce  between  the  Cniteil  States  and  any  foreign  country,  including  cdriiorations  engaged 
in  insurance,  and  to  attend  to  such  oilier  duties  as  may  he  hereafter  provided  by  law." 

I'age  (i,  line  8,  of  the  amendment,  after  the  word  "  reiiuired,"  insert  the  words  "  by  the  Secretary  of 
Commerce  and  Labor." 

I'agi'  7,  lino  7,  of  the  amendment,  after  the  word  "labor,"  insert  the  following:  "Pronded,  That 
nothing  contained  in  thi.s  act  shall  be  construed  to  alter  the  method  of  collecting  and  accounting  for 
the  head  tax  prescribed  by  section  1  of  the  act  entitled  'An  act  to  regulate  immigration,'  approved 
August  o,  l.SS'i." 

Page  M,  line  2.'i,  of  the  amendment,  after  the  word  "  in,"  insert  the  words  '"or  by." 

In  lieu  of  section  10  of  the  aniendnu'nt  insert  the  following; 

"SEC.  10.  That  all  duties  ]Krformc(l  and  all  power  and  authority  now  possessed  or  exercised  by 
the  head  of  any  exectitive  department  in  and  over  any  burivui,  office,  ofiicer,  board,  branch,  or  divi- 
sion of  the  pulitic  service  by  this  act  tninsferred  to  the  Department  of  Commi'rce  and  Labor,  or  any 
business  arising  therefrom  oriiertaining  thereto,  or  in  relation  to  the  duties  |^erfllrule(l  by  and  author- 
ity conferred  by  law  upon  such  buriau,  otiicer,  otlice,  board,  branch,  or  division  of  the  public  serv- 
ice, whether  of  an  appellate  or  revisory  character  or  otherwi.se,  sliall  hereafter  be  vested  in  and 
exercised  by  the  liead  of  the  Siiid  Department  of  Commerce  and  Labor. 

"All  duties,  power,  autliority,  and  jurisdiction,  whether  supervisory,  appellate,  or  otherwise,  now 
imi)()sed  or  conferred  uiMin  tlieSecretary  of  tlie  Treasury  by  acts  of  Congress  relating  to  merchant 
vessels  or  yachts,  tlu'ir  measurement,  numbers,  names,  registers,  enrollments,  licenses,  commissions, 
records,  mortgages,  bills  of  salt',  transfers,  entry,  clearaTice.  movements,  and  transportation  of  their 
cargoes  and  ]>assengers,  owners,  otticers,  seamen,  passengers,  fees,  in.speetion,  e<iuipment  for  the  bet- 
ter security  of  life,  and  by  acts  of  Congress  relating  to  tonnage  tax,  boilers  on  steam  ve.ssels,  tlie  car- 
rying of  inflammable,  explosive,  or  dangerous  cargo  on  vessels,  the  use  of  petroleum  or  other  similar 
sid)stances  to  produce  motive  power,  and  relating  to  the  remission  or  refund  of  tines,  penalties,  for- 
feitures, exactions  or  charges  incurred  for  violating  any  iirovision  of  law  relating  to  vessels  or  sea- 
men or  to  informer's  shares  of  such  tines,  and  by  acts  of  Congress  relating  to  the  Commi.ssioner  and 
Bureau  of  Navigation,  shipyiing  commissioners,  their  officers  and  emi)loyees,  Steainboat-Tuspection 
Service  and  any  of  the  otiicials  thereof,  shall  be,  and  hereby  are,  transferred  to  and  imjiosed  and 
conferred  upon"  the  Secretary  of  Commerce  and  Labor  from  and  after  the  time  of  the  transfer  of  tlie 
Bureau  of  Navigation,  the  slii|iping  commissioners,  and  the  Steamboat-Inspection  Service  to  the 
Department  of  Commerce  and  Labor,  and  shall  not  thereafter  be  imiiosed  upon  or  exercised  by  the 
Secretary  of  the  Treasury.  And  all  acts  or  parts  of  acts  inconsistent  with  tins  act  are,  so  far  as  incon- 
sistent, hereby  repealed." 

Page  10,  line  1'2  of  the  amendment,  strike  out  the  words  "t>r  the  Interstate  Commerce  Commission," 
and  insert  the  following:  "from  the  Department  of  State,  the  Department  of  the  Treasury,  the 
Department  of  War,  the  Department  of  Ju.stice,  the  Post-Ofiice  Department,  the  Department  of  the 
Navy,  or  the  Department  of  the  Interior."  • 

"Page  11,  line  6  of  the  amendment,  after  the  word  "act,"  insert  the  words  "other  than  those  of 
section  V2." 

And  the  House  agree  to  the  same. 

W.  P.  Hepburn, 
James  R.  Mann, 
WiLiJAM  Richardson, 
Ma7iagcrs  on  the  part  of  the  House. 
M.  A.  Hanna, 
Knute  Nelson, 
A.  S.  Clay, 
Managers  on  thejjart  of  the  Senate. 

The  statement  of  the  House  conferees  is  as  follows: 

The  managers  on  the  part  of  the  House  at  the  conference  on  the  disagreeing  votes  of  the  two 
Houses  on  the  amendment  of  the  House  to  tlic  bill  (S.  5fi9)  to  establish  tlie  Department  of  Commerce 
and  Labor,  submit  the  following  written  statement  in  explanation  of  the  effect  of  the  action  recom- 
mended in  the  accompanying  conference  report. 
The  substitute  amendment  of  the  House  is  agreed  to  with  various  amendments. 
The  first  of  these  amendments  is  to  strike  out  the  provision  in  tlie  House  substitute  in  reference  to 
the  auditing  of  accounts  and  to  insert  in  lieu  thereof  the  following: 

"  The  Auditor  for  the  State  and  other  departnu'nts  shall  receive  and  examine  all  accounts  of  sala- 
ries and  incidental  expenses  of  the  olliceof  t-he  St'crelary  of  Commerce  and  Labor,  and  of  all  Inireaus 
and  olliccsunder  hisdirection,  all  accounts  relating  tothe  Light-Ib.iuse  Boanl,  Steamboat-Inspection 
Service,  Immigration,  Na\  igation,  Al.-iskan  fur-sea T  fisheries,  the  National  Bureau  of  Standards,  Coast 
and  Ceodetic  Survey,  CcTisus,  J)c]iartment  of  Labor,  Fish  Commission,  and  to  all  other  business 
within  the  jurisdiction  oi  tlie  Dejiartment  of  Commerce  and  l^aljor,  and  certify  the  balances  arising 
thereon  to  the  division  of  bookkeeiiing  and^varnints,  and  send  forthw  itli  a  copy  of  eacli  certificate 
to  the  Secretary  of  Commerce  and  Labor." 

This  language  more  nearly  conforms  with  the  present  law  upcm  the  subject  of  auditing  accounts. 

The  second  amendment  to  the  House  substitute  provides  for  the  transfer  from  the  Treasury  Depart- 
ment to  the  Department  of  Commerce  and  Labor  of  the  Steamboat-Inspection  Service,  the  Bureau 
of  Navigation,  and  the  United  States  shipping  commissioners. 

The  third  amendment  agreed  to  is  to  insert  the  word  "Commission,"  in.stead  of  the  word  "Com- 
missioner," in  the  description  "  Fish  Commission,"  the  Commissioner  of  Fish  and  Fisheries  being 
already  included. 

The  fourth  amendment  agreed  to  inserts,  after  tlie  word  "required,"  in  section  5,  the  words  "by 
the  Secretary  of  Commerce  and  Labor,"  so  as  to  provide  that  consular  ofKcers  shall  send  reports, 
under  the  direction  of  the  Secretary  of  State,  as  often  as  required  by  the  Secretary  of  Commerce  and 
Labor. 

The  fifth  amendment  agreed  to  is  to  strike  out  all  of  section  6  of  the  House  substitute  and  to  insert 
in  lieu  thereof  the  following: 

"Sec.  fi.  That  there  shall  be  in  the  Department  of  Commerce  and  Labor  a  bureau  to  be  called  the 
Bureau  of  Corporations,  and  a  Commissioner  of  Corporations  who  shall  be  the  head  of  said  Bureau, 
to  l)e  aiMiointt'd  by  the  President,  who  siiall  recei\-e  a  salary  of  55,000  per  annum.  There  shall  also 
be  in  sai<l  Burciua  Dejiuty  <'ommissioncr,  who  shall  receive  a  salary  of  Jf3,.'i00  per  annum,  and  who 
shall,  in  tiie  absence  of  the  Commissioner,  act  as  and  ]ierform  the  duties  of  the  Commissioner  of  Cor- 
liorations,  and  who  sli.-ill  also  perform  such  other  duties  as  may  be  assigned  to  him  by  the  Secretary 
of  Commerce  and  Lalior  or  by  the  saiii  Commissioner.  Tlieie  shall  also  Ije  in  the  said  Bureau  a  chief 
clerk  and  such  sjjccial  ageiil.s,  clerks,  and  other  cmjiloyees  as  may  be  authorize<l  by  law. 

"Till'  sai<l  Commissioner  shall  have  jiower  and  atUhority  to  make, under  tliedireetion  and  control 
of  tlio  Secretary  of  Commerce  and  Labor,  diligent  investigation  into  the  organization,  conduct,  and 


644 


LEGISLATIVE   HISTORY 


management  of  tlie  business  of  any  corporation,  joint  stock  company,  or  corporate  combination 
engagei  in  connuerce  among  the  several  States  and  with  foreign  nations  excepting  common  carriers 
subject  to  'An  art  tn  rcituhite  commerce,'  ajipnivcd  Fcliruary  1,  IsxT,  and  ti)  gatlier  such  inrurniation 
and  data  as  will  enahle  the  President  of  the  United  Stales  ti>  make  recommendations  to  Congress  for 
legislation  for  tlie  regulation  of  such  commerce,  and  to  report  such  data  to  the  President  fntm  time 
to  time  as  he  shall  reiiiiire;  and  the  information  so  obtained,  or  as  much  thereof  as  the  President  may 
direct,  shall  be  made  imblic. 

"In  order  to  accomplish  the  purposes  declared  in  the  foregoing  part  of  this  section,  the  said  Com- 
missioner shiill  have  and  exercise  tlie  same  power  and  authority  in  respect  to  corporations,  joint- 
stock  companies,  and  combinati(ins  siiliject  to  the  provisions  hereof  as  is  conferreil  on  the  Interstate 
Commerce  Com  mission  in  said  'act  to  regulate  commerce'  and  the  amendments  tliereto  in  respect  to 
common  carriers,  so  far  as  the  .same  may  be  applicable,  including  the  right  to  suljiKcna  and  compel 
the  attendance  and  testimony  of  witnesses  and  the  iir(i(biction  of  docmneiitary  evidence  and  to 
administer  oaths.  All  the  requirements,  obligations,  liabilities,  and  immunities  imposed  or  con- 
ferred bv  said  '  act  to  regulate  commerce'  and  by  'An  act  in  relation  to  testimony  before  the  Inter- 
state Coinmerce  ('ommi.ssiou,'  etc.,  approved  February  11,  1893,  supplemental  to  said  'act  to  regulate 
commerce,'  shall  also  apply  to  all  persons  who  maybe  subprenaed  to  testify  as  witnesses  or  to  pro- 
duce diKMimentarv  evidence  in  pursuance  of  the  authority  conferred  by  this  section. 

"Itsball  also  lie  the  jirovince  and  duty  of  said  Bureau,  under  the  direction  of  the  Secretary  of 
Commerc-eand  Lahor,  to  gather,  compile,  pulilish.  and  supply  useful  information  concerning  corpo- 
rations doing  business  within  the  limits  of  tlie  United  States  as  shall  engage  in  interstate  commerce 
or  in  comiiierce  between  the  United  States  and  any  foreign  country,  including  corporations  engaged 
in  insurance,  and  t(^  attend  to  such  other  duties  as  may  be  hereafter  yirovideil  liy  law." 

The  sixth  amendment  agreed  to  is  to  insert  at  the  end  of  tlie  lirst  sentence  in  section  7  (which  pro- 
vides for  the  transfer  of  the  Bureau  of  Immigration  to  the  new  Department)  the  following:  "Provided, 
That  nothing  contained  in  this  act  shall  be  construed  to  alter  the  method  of  collecting  and  account- 
ing for  the  head  tax  ijrescribed  by  section  1  of  the  act  entitled  'An  act  to  regulate  immigration,' 
approved  Augusts,  ISS'J." 

The  seventh  amendment  agreed  to  is  to  insert  the  words  "or  by"  in  section  9,  so  as  to  include  in 
the  transfer  "all  officers,  clerks,  and  employees  now  employed  in  or  by  any  of  the  bureaus,"  etc., 
transferred  to  the  new  Department. 

The  eighth  amendment  agreed  to  is  to  strike  out  all  of  section  10  and  insert  in  lieu  thereof  the 
following: 

"  That  all  duties  performed  and  all  power  and  authority  now  possessed  or  exercised  by  the  head 
of  anv  Executive  Department  in  and  over  any  bureau,  office,  officer,  board,  branch,  or  division  of 
the  pulilic  service  by  this  act  transferred  to  the  "Department  of  Commerce  and  Labor,  or  any  business 
arising  therefrom  or  jiertaining  thereto,  or  in  relation  to  the  duties  performed  by  and  authority  con- 
ferred bv  law  upon  such  bureau,  officer,  office,  board,  branch,  or  division  of  the  public  service, 
whether'of  an  ajipi'llate  or  revisory  character  or  otherwise,  shall  hereafter  be  vested  in  and  exercised 
by  the  head  of  the  said  Department  cif  Commerce  and  Labor. 

"All  duties,  power,  authority,  and  jurisdiction,  whether  supervisory,  appellate,  or  otherwise,  now 
imposed  or  conferral  upon  the  Secretary  of  the  Treasury  by  acts  of  Congress  relating  to  merchant 
vessels  or  yachts,  their  measurement,  numbers,  names,  registers,  enrollments,  licenses,  commis.sions, 
records,  m'ortgages,  bills  of  sale,  transfers,  entry,  clearance,  movements,  and  transportation  of  their 
cargoes  and  jiassengers,  owners,  officers,  seamen,  passengers,  fees,  inspection,  eijuipment  for  the  bet- 
ter security  of  life,  and  by  acts  of  Congress  relating  to  tonnage  tax,  boilers  on  steam  vessels,  the  car- 
rying of  inflammable,  explosive,  or  dangerous  cargo  on  vessels,  the  use  of  petroleum  or  other  similar 
substances  to  produce  motive  i)ower,  and  relating  to  the  remission  or  refund  of  fines,  penalties,  for- 
feitures, exactions,  or  charges  incurred  for  violating  any  provision  of  law  relating  to  vessels  or  sea- 
men or  to  informer's  share  of  such  fines,  and  by  acts  of  Congress  relating  to  the  Commissioner  and 
Bureau  of  Navigation,  shipping  commissioners,  their  officers  and  employees,  Steamlioat-lnspection 
Service  and  any  of  the  officials  thereof,  shall  be,  and  hereby  iire,  transferred  to  and  imposed  and 
conferred  upon  the  Secretary  of  Commerce  and  Labor  from  and  after  the  time  of  the  transfer  of  the 
Bureau  of  Navigation,  the  "shipping  commissioners,  and  tlie  Steamboat-Inspection  Service  to  the 
Department  of  Commerce  and  Labor,  and  shall  not  thereafter  be  imjiosed  uimn  or  exerci.sed  by  the 
Secretary  of  the  Treasury.  And  all  acts  or  parts  of  acts  inconsistent  with  this  act  are,  so  far  as  incon- 
sistent, hereliy  repealed." 

The  principal  new  matter  inserted  in  section  10  as  agreed  to  is  for  the  purpo.se  of  transferring  the 
present  authority  vested  in  the  Secretary  of  the  Treasury  in  regard  to  navigation  and  steamboat 
inspection  service  to  the  Secretary  of  Commerce  and  Labor.  The  amendment  enumerates  various 
acts  of  Congress  in  which  the  Secretary  of  the  Treasury  is  now  named  by  that  title,  in  order  to  more 
specificallv  transfer  his  present  power  to  the  Secretary  "of  Commerce  and  Labor. 

The  ninth  amendment  agreed  to  is  to  strike  out  of  section  ]'2  the  words  "or  the  Interstate  Commerce 
Commission"  and  insert  in  lieu  tliereof  the  following:  "  From  the  Department  of  State,  the  Depart- 
ment of  the  Treasury,  the  Department  of  War,  tlie  De|iartmcnt  of  Justice,  the  I'ost-ollice  Deiiarlment, 
the  Department  of  the  Navy, or  the  Department  <if  the  Interior."  The  effect  of  tliis  aiiiendnieut  is  to 
permit  the  President  to  transfer  statistical  or  seieiitilic  work  to  the  Department  of  Commerce  and 
Labor  from  any  of  the  Departments  nann^d,  but  it  does  not  permit  him  to  transfer  the  Interstate 
Commerce  Coiiimission  or  the  statistical  work  of  the  Department  of  Agriculture  or  the  Interstate 
Commerce  Commission. 

The  tenth  amendment  is  to  insert  after  the  word  "act,"  in  line  3  of  section  13,  the  words  "other 
than  those  of  section  1'2."  The  effect  of  this  amendment  is  to  make  section  1'2  of  the  act  take  effect 
immediately  upon  its  passage. 

W.  P.  HEPmiRN, 

James  R.  Mann, 
William  Richardson, 
Managers  on  the  part  of  the  House. 

CONFERENCE   REPORT   TO    SENATE    FEBRUARY    10,   1903 

Mr.  Hanna  submitted  the  following  report: 

The  committee  of  conference  on  the  disagreeing  votes  of  the  two  Houses  on  the  amendment  of  the 
House  to  the  bill  (S.  569)  "  to  establish  the  Department  of  Commerce  and  Labor,"  having  met,  after 
full  and  free  conference  have  agreed  to  recommend  and  do  recommend  to  their  respective  Houses  as 
follows: 

That  the  Senate  recede  from  its  disagreement  to  the  amendment  of  the  House,  and  agree  to  the 
same  with  amendmeiils  as  follows: 

Page  '2,  lini;  ,s  of  the  amendment,  strike  out  all  after  the  word  "Congress"  to  the  end  of  section  2 
and  insert  in  lieu  thereof  the  following:  "and  the  Auditor  for  the  State  and  other  departments  shall 
receive  and  examine  all  accounts  of  salaries  and  incidental  expenses  of  the  office  of  tlie  Secretary 
of  Commerce  and  Labor  and  of  all  bureaus  and  offices  under  his  direction,  all  accounts  relating 


LEGISLATIVE    HISTORY  645 

to  lh('  l,i!,'lit-IIouse  Board,  Steamboat-Inspection  Service,  Immigration,  Navigation,  Alaskan  fur-seal 
lislu'iics,  iIk'  National  Bureau  of  Standanis,  <  :oast and  (Jeodetic  Survey,  Census,  Departmentof  Labor, 
Fisli  Coiiniiissiiin,  and  to  all  otlicr  ))usiiicss  within  the  jurisdiction  of  tlie  Department  of  Commerce 
and  Lal)oi-,  and  certify  tlie  lialanccs  arising  tluTcon  to  the  division  of  liookkccping  and  warrants,  and 
send  forthwilli  a  copy  of  each  ccrtilicalc  to  (lie  Secretary  of  Couinierce  and  Labor." 

I'age  3,  line  15,  of  tlie  aiucndment,  insert  after  tlie  word  "EstalilislnuenI  "  tlie  following:  "the 
Steandjoat-lnspection  Service,  the  Bureau  of  Navigation,  the  United  States  shipping  coniniissioners." 
Page  4,  line  3,  of  the  amendment,  strilie  out  the  word  "  Commissioners  "  and  insert  in  lieu  thereof 
the  word  "Commission." 
Strike  out  all  of  section  6  and  insert  in  lieu  the  following: 

"Skc.  (!.  That  there  shall  be  in  the  Department  of  Otmmerce  and  Labor  a, bureau  to  be  called  the 
Bureau  of  C'nriionitions,  and  a  Connnissiont'r  of  Corporations  who  shall  be  tlie  head  of  said  Bureau, 
to  be  appointed  bv  the  President,  who  shall  receive  a  salary  of  .*■'), imu  per  annum.  There  shall  also 
be  in  sail!  Bureaua  Deputy  Commissioner  who  shall  receive  a  salary  of  So, 500  per  aninnn,  and  who 
shall  in  the  absence  of  the" Commissioner  act  as,  and  perform  the  didies  of,  the  Commissioner  of  Cor- 
porations, and  who  shall  also  perform  such  other  duties  as  may  be  assigned  to  liim  by  the  Secretary 
of  Commerce  and  Lalior  or  bv  the  said  Commissioner.  There  shall  also  be  in  the  sai<l  Ibireaii  a  chief 
clerk  and  such  special  agents,  clerks,  and  other  emiiloyees  as  may  be  authorized  by  law. 

"The  said  Commissioner  shall  have  [lowcr  and  authority  to  make,  under  the  direction  and  control 
of  the  Secretary  of  Commerce  and  Lalior,  diligent  investigaticjn  into  the  organization,  conduct,  and 
management  of  the  business  of  any  corporation,  joint  stock  comiiany,  (u-  corponde  comliination 
engaged  in  commerce  among  the  several  States  and  with  foreign  nations  excci>ting  commim  carriers 
suliject  to  'An  act  to  regulate  connueree,'  approved  February  4,  1<SS7,  and  to  gather  sucli  infonnation 
and  data  as  will  enable'the  President  of  the  United  States  to  make  recommendations  to  Congress  for 
legislation  for  the  r^■gulatiou  of  such  commerce,  and  to  report  such  data  to  the  President  from  time 
to  time  as  he  shall  require;  and  the  information  so  obtained,  or  as  much  thereof  as  the  President 
may  direct,  shall  be  made  public. 

"In  order  to  accomplish  the  purposes  declared  in  the  foregoing  part  of  this  section,  the  said  Com- 
missioner shall  have  and  exercise  the  same  power  and  authority  in  respect  to  corporations,  joint- 
stock  companies,  and  combinations  subject  to  the  provisions  hereof  as  is  conferred  on  the  Interstate 
Connnerce  Comnnssion  in  said  '  act  b)  regulate  commerce'  and  the  amendments  tlieri'to  in  respect  to 
common  carriers  so  far  as  the  same  may  be  applicable,  including  the  right  to  subpo-ua  and  compel 
the  attendance  and  testimony  of  witnesses  and  the  production  of  documentary  evidence  and  to 
administer  oaths. 

"All  the  requirements,  obligations,  liabilities,  and  immunities  imposed  or  conferred  by  said  '  Act 
to  regulate  commerce'  and  by  '  An  act  in  relation  to  testimony  Ijefore  the  Interstate  Commerce  Com- 
mission,' etc.,  approved  February  11,  1893,  supplemental  to  said  'Act  to  regulate  commerce,'  shall 
also  apply  to  all  persons  who  may  be  subpu'naed  to  testify  as  witnesses  to  produce  documentary 
evidence  In  pursuance  of  the  authority  coiiferre<l  In-  this  section. 

"It  shall  also  be  the  province  and  duty  of  said  Bureau,  under  the  direction  of  the  Secretary  of 
Commerce  and  Labor,  to  gather,  compile,  publish,  and  supply  useful  information  concerning  corpo- 
rations donig  business  within  the  limits  of  the  United  States  as  shall  engage  in  interstate  commerce 
or  in  commerce  between  the  United  States  and  any  foreign  country,  including  corporations  engaged 
in  Insurance,  and  to  attend  to  such  other  duties  as  may  be  hereafter  provided  by  law." 

Page  6,  line  8,  of  the  amendment,  after  the  word  "required,"  insert  the  words  "  by  the  Secretary 
of  Commerce  and  Labor," 

Page  7,  line  7,  of  the  amendment,  after  the  word  "  labor,"  Insert  the  following:  Provided,  That 
nothing  contained  in  this  act  shall  be  construed  to  alter  the  method  of  collecting  and  accounting  for 
the  head  tax  prescribed  by  section  1  of  the  act  entitled  '  An  act  to  regulate  immigration,'  approved 
Augusts,  188'2." 

Page  8,  line '25,  of  the  amendment,  after  the  word  "in,"  insert  the  words  "or  by." 

In  lieu  of  section  10  of  the  amendment  insert  the  following: 

"Sec.  10.  That  all  duties  performed  and  all  power  and  authority  now  possessed  or  exercised  by  the 
head  of  anv  executive  department  in  and  over  any  bureau,  office,  officer,  board,  branch,  or  division 
of  the  public  service  by  this  act  transferred  to  the  Department  of  Commerce  and  Labor,  or  any  busi- 
ness arising  therefrom  or  pertaining  thereto,  or  in  relation  to  the  duties  performed  by  and  authority 
conferred  by  law  upon  such  bureau,  otlicer.  office,  board,  branch,  or  division  of  the  public  service, 
whether  of  an  appellate  or  revisory  character  or  otherwise,  shall  hereafter  be  vested  in  and  exercised 
by  the  head  of  the  said  Department  of  Commerce  and  Labor. 

"All  duties,  power,  authority,  and  jurisdiction,  whether  supervisory,  appellate,  or  otherwise,  now 
imposed  or  conferred  upon  the  Secretary  of  the  Treasury  by  acts  of  Congress  relating  to  merchant 
vessels  or  yachts,  their  measurement,  numbers,  names,  registers,  enrollments,  licenses,  connnissious, 
records,  mortgages,  bills  of  sale,  transfers,  entry,  clearance,  movements,  and  transixirtaf  ii.m  oi  their 
cargoes  and  passengers,  owners,  officers,  seamen,  passengers,  fees,  inspection,  equipment  for  the  I  letter 
securil  y  of  life,  and  by  acts  of  Congress  relating  to  tonnage  tax,  boilers  on  steam  vessels,  the  carrying 
of  inllanunable,  explosive,  or  dangerous  cargo  on  vessels,  the  use  of  petroleum  or  other  sijnilar  sub- 
stances to  produce  motive  power,  and  relating  to  the  remission  or  refund  of  fines,  penalties,  forfei- 
tures, exactions,  or  charges  incurred  for  violating  any  provision  of  law  relating  to  vessels  or  seamen 
or  to  informer's  shares  of  such  fines,  and  by  acts  of  Congress  relating  to  the  Commissioner  and  Bureau 
of  Navigation,  sliipping  commissioners,  their  officers  and  employees,  Steambciat-lns]iectiou  Service 
and  any  of  the  officials  thereof,  shall  be,  and  hereby  are,  transferred  to  and  imposed  and  conferred 
upon  the  Secretary  of  Commerce  and  Labor  from  aiid  after  the  time  of  the  transfer  of  the  Bureau  of 
Navigation,  the  sliiiiping  commissioners,  and  the  Steamboat-Inspection  Service  to  the  Department  of 
Commerce  and  Labor,  and  shall  not  thereafter  he  imposed  upon  or  exercised  by  the  Secretary  of  the 
Treasury.  And  all  acts  or  parts  of  acts  inconsistent  with  this  act  are,  so  far  as  inconsistent,  hereby 
repealed." 

Page  10,  line  12  of  the  amendment,  strike  out  the  words  "  or  the  Interstate  Commerce  Commission," 
and  insert  the  following:  "  from  the  Department  of  State,  the  Department  of  the  Treasury,  the 
Deiiartment  of  War,  the  Departmentof  Justice,  the  Post-Offlce  Department,  the  Department  of  the 
Navy,  or  the  Department  of  the  Interior." 

Page  11,  line  G  of  the  amendment,  after  the  word  "act,"  insert  the  words:  "other  than  those  of 
section  1'2." 

And  the  House  agree  to  the  same. 

M.  A.  Hanna, 
Knute  Nelsoh, 
A.  S.  Clay, 
Managers  un  tlie  part  of  the  Senate. 
W.  P.  Hepburn, 
James  R.  Mann, 
William  Richabdson, 
Managers  on  the  part  of  the  Hotise. 


646  LEGISLATIVE    HISTOKY 

The  President  pro  tempore.  Will  the  Senate  agree  to  the  conference  rejioit. 

Mr.  Qr.vv.  Mr.  President,  I  suggest  to  the  Senator,  who  is  the  chairman  of  the 
committee  of  conference  and  who  sii)>mitteil  this  rejjoi't,  that  it  is  a  reportof  exceed- 
ing importance,  and,  if  it  concurs  with  his  hetter  judgment,  that  he  allow  it  to  he 
printed  and  go  over  until  to-morrow.  I  expect  to  vote  with  the  Henator  for  the 
adoi)tion  of  the  rei)ort,  but  I  should  like  first  to  know  exactly  what  I  am  voting  for. 

The  President  pro  tempore.  The  Senator  from  Pennsylvania  asks  that  the  confer- 
ence report  may  he  printed  and  go  over  until  tomorrow.  Is  there  objection?  The 
Chair  hears  none,  and  that  order  is  made. 

CONFERENCE    REPORT    IN    HOUSE    FEBRUARY    10,    1903 

Mr.  Hepburn.  Mr.  Speaker,  I  desire  to  call  up  the  conference  report  on  the  disa- 
greeing votes  of  the  two  Houses  on  the  +Senate  amendments  to  the  bill  S.  569. 
I  ask  unanimous  consent  that  the  reading  of  the  report  be  dispensed  with  and  that 
the  statement  be  read. 

The  Speaker.  The  gentleman  from  Iowa  calls  up  a  iirivileged  report.  The  Clerk 
will  report  the  title  of  the  bill  upon  which  this  report  is  made. 

The  Clerk  read  as  follows: 

A  bill  (S.  5G9)  to  esUiblLsh  the  Department  of  Commerce  and  Labor. 

The  Speaker.  The  gentleman  asks  unanimous  consent  to  omit  the  reading  of  the 
report,  and  that  the  statement  only  be  read.  If  there  is  no  objection  this  (iourse  will 
be  inirsued.     The  Clerk  will  read  the  statement. 

The  Clerk  read  the  statement. 

[For  text  of  the  conference  report  and  statement  see  record  of  the  House  proceed- 
ings of  February  9,  1903.     Page  642.] 

Mr.  Hepburn.  I  yield  five  minutes  to  my  coUeague  on  the  committee,  the  gentle- 
man from  Ala])ama  [Mr.  Richardson]. 

Mr.  Richardson,  of  Alabama.  First,  Mr.  Speaker,  I  should  like  to  know  whether 
the  gentleman  from  Iowa  will  allow  a  separate  vote  on  section  6,  which  is  known  as 
the  Nelson  substitute. 

Mr.  Hepburn.  I  think  it  is  impossiljle  to  do  that.     I  have  no  power  to  do  so. 

Mr.  Richardson,  of  Alabama.  By  unanimous  consent  will  you  allow  it? 

Mr.  Hepburn.  Oh,  I  think  not.     I  think  it  had  better  go  in  the  usual  course. 

Mr.  Richardson,  of  Alabama.  Will  you  be  willing,  if  the  report  of  the  conferees 
is  voted  dovvn,  to  instruct  tlie  conferees  to  leave  out  section  6,  wliich  is  the  Nelson 
substitute? 

Mr.  Hepburn.  Oh,  I  do  not  care  to  make  any  contracts  or  agreements  of  that 
kind. 

Mr.  Richardson,  of  Tennessee.  I  suggest  to  my  colleague  that  if  we  vote  down 
the  conference  report,  then  it  would  be  in  order  to  instruct  the  conferees;  but  you 
would  first  have  to  vote  down  the  conference  report. 

Mr.  Richardson,  of  Alaliama.  I  understand  that  to  be  the  parliami'iitary  rule,  and 
I  ask,  further,  of  my  distinguished  friend  from  Iowa  [Mr.  Hepburn]  that  he  allow 
me  more  than  five  minutes  for  the  discussion  of  that  sul>stitute. 

Mr.  Hepburn.   How  much  time  does  the  gentleman  want? 

Mr.  Richardson,  of  Alabama.  Not  an  unreasonable  time.     I  should  like  an  lionr. 

Mr.  Hepburn.   I  do  not  think  we  ought  to  ilo  that. 

Mr.  Richardson,  of  Alabama.  We  were  in  conference  a  week  on  this  (juestion, 
and  I  would  like  very  much  t(j  have  that  time  allowed  me  to  express  my  views  fairly 
of  what  is  known  as  the  Nelson  substitute. 

Mr.  Hepburn.  I  would  not  be  inclined  to  extend  the  time  so  as  to  give  the  gentle- 
man all  of  my  time.  That  is  all  of  the  time  I  have.  I  want  to  reserve  a  few 
minutes. 

Mr.  Richardson,  of  Alabama.  I  hope  the  gentleman  will  not  1)e  so  uncharitable 
as  to  limit  me  to  only  five  minutes. 

INIr.  Hkpiukn.  <  )ii,  no;  I  have  no  desire  to  do  that.  I  will  yieM  to  the  gentleman 
thirty  minutes. 

The  Speaker.  The  gentleman  from  Alabama  is  recognized  for  thirty  minutes. 

Mr.  Richardson,  of  Alabama.  Mr.  Speaker,  I  regret  very  much  that  I  was  unable 
to  agree  with  the  ilistinguished  conferees  with  whom  I  have  been  associated,  repre- 
senting the  majority  of  this  House,  the  gentleman  from  Iowa  [Mr.  Hei)burn]  and 
the  gentleman  from  Illinois  [Mr.  Mann],  on  the  measure  known  as  the  Nelson  sul)- 
stitute;  l)ut  after  a  conference  extending  over  several  days  I  found  myself  in  a  jxisi- 
tion  of  radical  difference  with  those  gentlemen  ui>on  the  natural,  lair,  and  just 
construction  that  1  think  this  substitute  justly  bears.  1  shall  not  resort,  Mr.  Speaker, 
to  strained  constiiK't ion  to  arrive  at  the  true  meaning  of  the  substitute.  It  speaks 
for  itself  in  its  own  words. 

I  take  this  occasion,  ]\Ir.  Speaker,  to  say  that  I  do  not  l)elieve  that  any  Democrat 


LEGISLATIVE    HISTORY  647 

can  sustain  himsolf  l)eforo  the  ]>onple  in  opj-insitinn  to  a  nioasuro  that  proposes  to 
flive  any  ivlit-f  a^^uiiiyt  the  evils  of  trusts  and  iiiouopoHes  simply  l)i'cause  it  has  a  Ke- 
liul)!ic'un  (ni<iin  or  roiues  to  us  with  a  Republican  stamp  ami  Republican  aiiproval. 
1  go  still  further  tliau  that.  I  do  not  believe  that  any  Republican  can  hereaftergive 
a  satisfactory  explanation  to  the  peo])le  as  to  why  he  supported  a  measure  that  on 
its  face  daiiiis  to  regulate  and  control  trusts  and  monopolies  and  suppress  their  evils, 
when  in  fact  the  measure  does  not  regulate  and  does  not  control,  but  leavesthe  trusts 
to  the  enjovment  of  all  their  lawless  powers  and  almndant  oj)]iortunities  to  accuum- 
late  unparalleled  wealtli  at  the  expense  of  the  toiling  masses  of.  this  country,  as  they 
have  l)een  doing  with  our  peo])le  for  years  ])ast. 

1  believe,  Mr.  Speaker,  that  the  people  of  this  country  in  all  sections  of  the  Union 
are  sutticiently  intelligent  and  sufficiently  informed  as  to  the  workings,  manage- 
ment, and  effect  of  the  evils  of  the  trusts — and  to  know  that  they  are  not  only  a 
menace,  but  an  actual  injury  to  their  interests — to  place  the  resi)onsil)ility  where  it 
))roperlv  belongs  if  we  fail  to  grant  the  relief  that  they  demand  from  the  evils  of 
these  trusts.  We  may  stand  hei-e  on  the  tloor  of  the  House  to  our  heart's  content 
and  api)laud  the  fervid  expressions  on  the  either  side  of  the  Cliamber.  The  al)le  and 
•listingnished  gentleman  from  Pennsylvania  [Mr.  Dalzell]  may  repeat,  as  he  has 
heretofore  stated  on  this  floor,  "To  undertake  to  revise  the  tariff  at  this  period  of 
unparalleled  pi-osperity  would  be  the  heighth  of  legislative  madness."  The  dis- 
tinguished gentlemen  from  Pennsylvania  [INIr.  Sibley]  only  a  few  days  since  said  in 
the  presence  of  tliis  House,  in  substance,  that  the  Dingley  schedules  were  so  sacre<l 
and  hallowed  that  they  ought  not  to  be  touched  by  the  liand  of  revision.  He  warned 
us  to  be  careful,  but  he  failed  to  suggest  anything  looking  to  the  relief  of  the  onerous 
burdens  of  the  people. 

These  matters  will  all  come  before  the  people  of  this  country  very  soon — to 
pass  upon  our  honesty  and  sincerity  and  the  opportunities  we  had  to  give  relief,  and 
whether  we  met  or  failed  to  come  up  to  the  full  measure  of  our  duties. 

Now,  Mr.  Speaker,  I  dissent  most  earnestly  and  sincerely  from  this  Nelson  substi- 
tute. I  believe  it  to  be  an  ultra  dilution  of  a  hypodermic  dose  of  so-called  antitrust 
legislation.  I  believe  it  to  be  a  travesty  upon  what  its  friends  represent  and  claim 
to  be  its  only  virtue — puljlicity.  Why  do  I  say  that?  I  am  in  no  manner  res]wnsilile 
for  the  studied  efforts  that  y(Mi  and  I  on  both"  sides  of  this  House  fully  understand 
are  being  made  to  make  it  appear  that  this  Nelson  substitute  is  hostile  to  the  trusts, 
and  especially  to  the  Standard  Oil  Company.  Gentlemen  of  this  House  will  not  be 
influenced  by  this  consideration.  They  look  at  it  for  themselves.  In  my  opinion, 
the  trusts,  the  corporations,  the  combines,  and  all  other  monopolies  of  all  characters 
and  description  have  no  reason  to  fear  any  liarm  from  this  Nelson  substitute.  I  will 
now  read  section  6  in  the  House  bill  for  which  the  Nelson  amendment  is  a  su})stitute, 
and  will  read  also  the  Nelson  substitute. 

Sec.  G.  That  there  shall  be  in  the  Department  of  Commeree  and  Labor  a  bureau  to  be  called  the 
Bureau  of  Corporations,  and  the  ehief  of  said  Bureau  shall  l>e  appointed  by  the  President  and  shall 
receive  a  salary  of  S4,000  per  annum.  There  shall  also  be  in  said  Bureau  sucli  clerks  and  assistants  as 
mav  from  time  to  time  be  authiiriz<'d  bvl'aw.  It  shall  be  tlic  province  and  duty  of  said  Bureau,  under 
the' direction  of  the  Secretary  of  Commerce  and  Laljor,  to  gather,  comiiilc,  pul)lish,  and  s\ipply  useful 
information  concerning- .such  C()ri)i)rations  doini,''  business  within  the  limits  of  the  United  States  as 
shall  engage  in  interstate  commeree  or  in  commeree  between  the  United  States  and  any  foreign 
country,  and  to  attend  to  such  other  duties  as  may  be  hereafter  provided  by  law. 

This  is  the  Nelson  substitute: 

Strike  out  all  of  section  6  and  insert  in  lieu  thereof  the  following: 

••  Sicc.  fi.  That  there  shall  be  in  the  Department  of  Uommerce  and  Labor  a  bureau  to  be  called  the 
Bureau  of  Cori)orations,  and  a  Commissioner  of  Corporations,  who  shall  be  the  head  of  said  Bureau, 
to  be  appointed  by  the  President,  who  shall  receive  a  salary  of  1.5, 000  perannum.  There  sluill  also  be 
in  said  Bureau  a  deputy  commissioner,  who  shall  receive  a  salary  of  f3,500  per  annum  and  w  ho  shall 
in  the  absence  of  the  Cbmmis-sioner  act  as  and  perform  the  duties  of  the  Commissioner  of  (.'orpora- 
tions,  and  who  shall  also  perform  such  other  duties  as  may  be  assigned  to  him  by  the  Secretary  of 
Commerce  and  Labor  or  by  the  said  Commissioner.  There  .shall  also  be  in  the  said  Bureau  a  chief 
clerk  and  such  special  agents,  clerks,  and  other  employees  as  may  be  authorized  by  law. 

"The  said  Commis.sioner  shall  have  power  and  authority  to  make,  under  the  direction  and  con- 
trol of  the  Secretary  of  Commerce  and  Labor,  diligent  investigation  into  tlu^  organization,  conduct, 
and  management  of  the  business  of  any  corporation,  joint-stock  comjiauy,  or  c(ir|iorate  cinnbination 
engaged  in  commerce  among  the  several  States  and  with  foreign  nations,  excciitiug  common  car- 
riers subject  to  'An  act  to  regulate  commerce,'  approved  February  4,  l.ssT.  and  to  gather  such  infor- 
mation and  data  as  will  enable  the  President  of  the  United  Statt's  to  make  reronuuendations  to 
Congress  for  legislation  for  the  ri'gulation  of  such  commerce,  and  to  re]iort  such  data  to  the  President 
from  time  to  time  as  he  shall  require;  and  the  information  so  obtained,  or  as  much  thereof  as  the 
President  may  <lirect,  shall  lie  made  imblic. 

"In  order  to  accomplish  the  puriioses  declared  in  the  foregoing  part  of  this  section,  the  said  Com- 
missioner shall  have  and  exercise  the  same  power  and  authority  in  respect  to  corporations,  joint- 
stock  companies,  and  combinations  subject  to  the  provisions  hereof,  as  is  conferred  on  the  Interstate 
Commerce  Commission  in  said  '.\ct  to  regulate  commerce'  and  the  amendments  thereto  in  respect 
to  common  carriers  so  far  as  the  same  may  be  applicable,  including  the  right  to  subpoena  and  com- 
pel the  attendance  and  testimony  of  witnesses  and  the  production  of  documentary  evidence  aiul  to 
administer  oaths.  All  the  reiiuirements,  obligations,  liabilities,  and  immiuiities  imposed  or  con- 
ferred by  .said  'Act  to  regidate  commerce.'  and  liy  '  an  Act  in  relation  to  testimony  before  the  Inter- 
tate  Coinmerce  Commission,'  etc.,  api>roved  February  11,  1893,  .supplemental  to  said  'Act  to  regulate 


648  LEGISLATIVE    HISTORY 

commerce,'  shall  also  apply  to  all  persons  who  may  be  subpoenaed  to  testify  as  witnesses  or  to  pro- 
duce documentary  evidence  in  pursuance  of  the  authority  conferred  by  this  section. 

"  It  shall  also  be  the  province  and  duty  of  said  Bureau,  under  the  direction  of  the  Secretary  of 
Commerce  and  Labor,  to  gather,  compile,  publish,  and  supply  useful  information  concerning  cor])0- 
rations  doing  business  within  the  limits  of  the  United  States  as  shall  engage  in  interstate  commerce 
or  in  commerce  between  the  United  States  and  any  foreign  country,  including  corporations  engaged 
in  insurance,  and  to  attend  to  such  other  duties  as  may  be  hereafter  provided  by  law." 

There  can  be  no  question  that  this  section  6,  that  the  Nelson  bill  is  a  substitute 
for,  provides  for  publicity.  Does  the  substitute  provide  for  ptiblicity?  Let  us  ana- 
lyze it  from  a  standpoint  of  plain  common  sense.  It  is  Ijefore  you,  and  you  have 
read  it.  No  law  has  ever  been  enacted  yet  that  has  not  an  aim  and  an  end  in  it. 
What  is  this?  I  propound  it  to  both  sides  of  this  House.  The  purpose  and  object 
of  this  measure  or  of  this  substitute  is  to  enable  the  President  of  the  United  States  to 
do  what?  To  take,  under  the  supervision  of  the  Secretary  of  Connnerce  and  Labor, 
action  against  the  trusts?  No.  Jt  is  to  provide  a  way  to  gather  such  informati(m 
and  data  as  will  enable  the  President  of  the  United  States  to  make  recommendations 
to  Congress  for  legislation.  I  say  that  this  substitute  has  the  same  characteristic 
that  the  chased  and  pursued  fawn  instinctively  possesses  that  is  being  hotly  chased 
by  the  hunter.  After  being  pursued  through  circuitotts  route,  through  the  Avoods, 
over  the  hills,  and  through  the  valleys,  it  returns  at  evening  to  the  place  where  it 
started.  When  all  the  conditions  precedent  are  complied  with  and  the  President 
sees  proper,  he  will,  in  the  sweet  by  and  by,  ask  Congress  for  legislatif)n  to  regulate 
commerce  trusts.  We  are  to  pass  the  Nelson  substitute,  and  when  the  President 
picks  up  the  data,  under  the  qualitications  and  limitations  that  I  have  exjilained,  he 
is  to  come  back  to  Congress  and  ask  for  additional  legislation. 

I  saj',  Mr.  Speaker,  that  that  condition  is  directly  antagonistic  and  contrary  to 
every  declaration  that  has  l)een  made,  and  the  threats  that  we  have  been  regaled 
with  in  the  morning  pajiers  at  the  breakfast  table — at  the  dinner  table — that  if  some 
legislation  is  not  enacted  by  this  Congress,  the  present  Congress,  that  will  enable  us 
really  to  regulate  the  trusts  and  subordinate  them  to  the  laws  of  the  country,  that  an 
extra  session  of  Congress  will  be  held. 

Now,  Mr.  Speaker — 

The  said  Commissioner  shall  have  power  and  authority  to  make,  under  the  direction  and  control 
of  the  Secretary  of  Commerce  and  Labor,  diligent  investigation  into  the  organization,  conduct,  and 
management  of  the  business  of  any  corporation,  joint-stock  company,  or  corporate  combination. 

For  what? 

So  as  to  enable  the  President  of  the  United  States  to  make  recommendations  to 
Congress  for  legislation. 

Why  not  enact  that  legislation  to-day?  The  country  knows  the  conditions.  Con- 
gress should  act  at  this  session.  Why  delay?  What  reason  and  occasion  is  there 
for  us  to  ask  the  President  of  the  United  States  to  secure  data  about  the  great  steel 
trust.  Suppose  he  shotild  find  otit  in  his  investigation  that  the  products  now  made 
and  controlled  by  the  steel  trust  are  sold  cheaper  in  Europe  than  they  are  to  our 
home  folks.  If  he  should  ascertain  the  fact  that  the  steel  trust  last  year  exported 
fully  ninety-three  millions  of  their  prodticts  to  foreign  countries,  and,  after  paying 
exjienses  of  transportation,  sold  these  produ(;ts  cheaper  to  foreigners  than  to  our 
own  people,  that  wou]<l  he  no  news,  no  startling  intelligence.  If  he  should  further 
got  data  showing  that  in  March  of  last  year  the  beef  trust  sent  abroad  nearly 
$9,000,000  worth  of  American  meats,  and  yet  beef  in  April  following  sold  at  14  cents 
a  pound  in  London  and  brought  24  cents  per  pound  in  New  York  City,  do  we  not 
all  know  that  now?  It  is  shown  by  current  price  lists.  .Why  go  to  the  superfluous 
and  the  meaningless  task  and  delay  of  requiring  the  data  about  that  which  shows  as 
])lain  as  the  sun  above  our  heads?  We  know,  and  the  cotmtry  knows,  the  vast 
difference  in  the  price  in  foreign  markets  and  the  price  at  home  of  plows,  cultiva- 
tors, wire  nails,  and  other  necessaries  of  life. 

I  say  that  this  measure,  with  all  due  regard  for  the  honesty,  ingenuity,  and  ability 
of  the  conferees  who  framed  and  ratified  it,  is  entitled  tij  be  characterized  as  a  pre- 
text and  subterfuge;  and  if  I  do  not  characterize  it  as  that,  I  will  say,  at  least,  that 
in  my  hu;n1)le  opinion  it  is  but  an  echo  and  expression  of  the  opinion  of  that  great 
Republican  who  has  announced  the  Republican  policy  relative  to  all  antilegislation 
to  be  to  "stand  pat,"  do  nothins.  This  substitute  comes  up  to  the  full  measure  of 
that  policy.  In  that  connection  I  beg  leave  to  read  a  statement,  and  I  consiiler  it  as 
a  semiofficial  Administration  statement.  It  comes  from  the  Evening  Star,  and  it  is 
about  this  Nelson  substitute. 

PUBLICITY   FOK  THE  TRUSTS. 

However,  the  chief  interest  in  the  action  of  the  Commerce  Committee  is  in  the  adoption  of  a  sort 
of  ]>ublicity  feature  for  all  corporations  except  railroads.  The  opinion  prevails  that  if  this  amend- 
ment becomes  law  it  will  constitute  about  all  the  antitrust  legislation  which  can  be  exj)e('led  at  this 
session  of  Congress,  besides  the  i>aragraph  in  the  legislative,  executive,  and  judicial  bill.  The  text 
of  the  section  as  perfected  by  the  committee  is  as  follows. 


LEGISLATIVE    HISTOEY  649 

Yon  will  note  the  Star  sfayn  sijiiiilicantly  and  somewhat  authoritatively,  "it  will 
constitute  about  all  the  antitrust  legislation  which  can  be  expected  at  this  Congress," 
etc. 

A  "sort"  of  publicity!  What  does  "sort"  mean  in  the  English  language?  Why, 
it  means  a  "feint,"  it  means  a  pretense,  it  means  a  stagger  at  something  that  you  say 
you  are  going  to  ilo,  but  do  n(jt  intend  to  do.  It  implies  under  the  most  charital)le 
construction  a  doubt  as  to  whether  the  thing  claimed  is  there.  All  on  earth  that 
the  friends  claim  for  this  substitute  is  a  "sort"  of  publicity.  It  provides  for  no 
penalties. 

Now,  Mr.  Speaker,  let  ns  go  a  little  further  in  a  fair  and  just  analysis.  I  was  glad, 
a  few  days  since,  when  I  saw  a  solid  vote,  a  remarkable  spectacle  in  the  House  of 
Representatives  of  the  United  States.  The  House — Republicans  and  Democrats — 
gave  a  solid  vote  for  a  real,  genuine  antitrust  act — the  Littletield  bill.  I  was  glad 
that  a  united  and  solid  Democratic  vote  stood  for  that  measure,  liecause  it  relieves  us 
forever  of  the  false  and  gnnindless  charge  that  we  are  here  simply  as  a  party  of 
objection — a  party  of  o))struction.  We  have  come  and  joined  hands  with  tlie  Repul)- 
licans,  who,  after  months  of  labor  an<l  toil  and  after  many  consultations  of  their 
ablest  statesmen,  reported  the  I>ittlelield  bill,  and  said  to  them,  we  join  you  in  this 
measure  to  relieve  our  country  of  the  evils  of  the  trust.  It  is  true  that  the  bill  did  not 
fully  meet  the  requirements  and  demands  of  our  side  of  the  House,  but  it  was  a  long 
stejt  in  the  right  direction. 

Take  this  Nelson  substitute  and  compare  it  in  the  matter  of  publicity  with  the  first 
section  of  the  Littlefield  bill,  which  reads  as  follows: 

That  every  corporation  which  may  be  hereafter  organized  shall,  at  the  time  of  engaging  in  inter- 
state or  foreign  commerce,  tile  the  retnrn  hereinafter  jirovidefl  for,  and  every  eorpuratiiin,  whenever 
organized,  and  engaged  in  interstate  or  foreign  cdmrneree  shall  tile  a  return  with  tlie  Interstate  Com- 
meree  Commi,ssion  for  the  year  ending  December  31,  whenever,  and  at  sneh  time,  as  re(|uested  by 
said  Commission,  stating  its  name,  date  of  organization,  where  and  when  organized,  giving  statutes 
imder  which  it  is  organized,  and  all  amendments  thereof;  if  consolidated,  naming  ciiustitnent  com- 
panies and  where  and  when  organized,  with  the  same  information  as  to  such  constituent  companies, 
.so  far  as  applicable,  as  is  herein  required  of  such  corporation;  if  reorganized,  name  of  original  corpo- 
ration or  corporations,  with  full  reference  to  laws  under  which  all  the  reorganizations  have  taken 
place,  with  the  same  information  as  to  all  prior  companies  in  the  chain  of  reorganization,  so  far  as 
ap)ilical)Ie,  as  is  herein  required  of  such  corporation:  iimountof  bonds  issued  and  outstanding;  amount 
of  authorized  capital  stock,  shares  into  which  it  is  divided,  par  value,  whetherccjinmon  or  preferred, 
and  distinction  between  each;  amount  issued  and  outstanding;  amount  pai<l  in;  liow  nnich,  if  any, 
])aid  in  casli,  and  how  much,  if  any,  in  property;  if  any  part  in  property,  describing  in  detail  the 
kind,  character,  and  location,  with  its  cash  market  value  at  the  time  it  was  received  in  payment, 
giving  the  elements  upon  which  said  market  value  is  based,  and  especially  whether  in  whole  or  in 
part  upon  the  capitalization  of  earnings,  earning  capacity,  or  economies,  with  the  date  and  the  cash 
price  paid  therefor  at  its  last  sale;  the  name  and  address  of  each  ofiicer,  managing  agent,  and  director; 
a  true  and  correct  copy  of  its  articles  of  incorporation;  a  full,  true,  and  correct  copy  of  any  and  all 
rules,  regulations,  and'by-laws  adopted  for  the  management  and  control  of  its  business  and  the  direc- 
tion of  its  officers,  managing  agents,  and  directors.  Notliing  herein  contained  shall  be  construed  as 
relieving  any  corporation  from  making,  in  addition  to  the  foregoing,  such  returns  as  are  now  required 
by  the  "Act  "to  regulate  commerce,"  approved  February  4, 1887,  and  all  amendments  thereof;  but  the 
provisions  of  this  act,  as  to  signing  and  making  oath  to  returns  and  making  answers  on  oath  to 
w-ritten  inquiries,  shall  be  applicable  to  returns  and  such  answers  made  under  said  act  and  amend- 
ments thereof. 

So  far  as  any  return  may  be  a  duplicate  of  one  already  filed,  that  fact  may  be  stated,  and  the  details, 
which  are  in  "such  case  diiplicates,  need  not  be  repeated.  Upon  its  being  made  to  appear  to  the  satis- 
faction of  the  Commission  that  without  fault  on  its  part  it  is  impracticable  for  such  corporation  to 
f\irnish  any  of  the  items  aforesaid,  it  may,  by  a  written  order  of  said  Commission,  be  excused  from 
furnishingsuch  item  or  items. 

Said  Commission  shall  cause  to  be  prepared  a  blank  return  for  the  use  of  such  corporations,  con- 
taining the  foregoing  requirements,  and  shall  make  .such  rules  and  regulations  as  may,  in  its  judg- 
ment, be  necessary  to  carry  out  the  purposes  of  this  act.  The  president,  treasurer,  and  a  majority  of 
the  directors  of  such  corporation  shall  make  oath  in  writing  on  said  return  that  said  return  is  true. 
Tlie  treasurer,  or  other  officer  of  sucli  corporation  having  the  requisite  knowledge,  shall  answer  on 
oatli  all  inquiries  that  may  be  made  in  writing  on  the  direction  of  said  Commission  in  relation  to 
said  return.  Any  corporation  failing  to  make  such  return,  or  whose  treasurer  or  other  officer  shall 
fail  to  make  the  answers  aforesaid,  maybe  restrained,  on  the  suit  of  the  United  States,  from  engaging 
in  interstate  commerce  until  such  return  is  made.  Suit  may  be  brought  in  any  district  of  the  United 
States  at  the  election  of  the  Attorney-General. 

I  ask  the  members  of  this  House  and  the  country  to  compare  this  diluted  dose  of 
antitrust  legislation  with  sections  5,  6,  7,  and  11  of  the  Littlefield  bill  which  has  some 
gist  in  it.  The  comparison  exposes  what  this  substitute  is.  It  pales  into  absolute 
insignificance.  Compare  it  with  the  eleventh  section  of  the  Littletield  bill  which 
gives  any  injured  citizen,  regardless  of  the  President  of  the  country  or  anyone  else, 
the  right  to  go  into  the  courts  and  complain  of  the  workings  of  these  trusts.  Tliese 
sections  are  as  follow's: 

Sec.  .5.  That  any  person,  carrier,  lessee,  trustee,  receiver,  officer,  agent,  or  representative  of  a  carrier, 
subject  to  the  aci;  to  regulate  commerce,  who,  or  which,  shall  offer,  grant,  give,  solicit,  accept,  or 
receive  any  rebate,  concession,  facilities,  or  service,  in  respect  to  the  transportation  of  any  property, 
in  interstati'  or  foreign  commerce,  by  any  common  carrier  subject  to  said  act,  whereby  any  such 
jiropcrty  shall,  by  any  device  whatever,  be  transported  at  a  less  rate  than  that  named  in  the  tariffs 
I)ublisli'ed  and  filed  by  such  carrier,  as  is  required  by  .said  act  to  regulate  commerce,  or  shall  receive 
any  advantage  by  way  of  facilities  or  service,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall 
upon  conviction  thereof  be  subject  to  a  fine  of  not  less  than  ffl,000. 


650  LEGISLATIVE    HISTORY 

Sec.  6.  That  no  porporation  engaged  in  the  production,  manufaeture,  or  sale  of  any  article  of  com- 
merce, violating  any  of  the  jirovisions  of  section  5  of  this  act,  or  attempting  to  monopolize  or  control 
the  piddiii-tioii,  inanvifactnre,  c>rsale  thereof,  in  any  iiarticnlar  hicality,  )iy  discrimination  in  prices, 
or  by  Kivins  sjiccial  i)rivileges  or  rebates  or  otlicrwise,  in  order  to  (Ustrny  cunipftilidii  tlierein,  in 
sucli  localiiy,  shall  use,  either  directly  or  in<lirectly,  any  of  tlie  facilities  or  iiistniinenlalities  of  inter- 
state coiniiicrce,  or  in  any  way  engage  in  interstate  commcree  for  the  piu-pose  of  aiding  (jr  facilitat- 
ing, either  directly  or  indirectly,  such  prodnction,  manufacture,  or  sale,  with  sucli  iidciU;  nor  shall 
any  otlier  i)erson  or  corjioration  use  any  of  tlu'  facilities  or  instrumentalities  of  interstate  commerce, 
or  in  any  way  engage  in  interstate  commerce,  in  buying,  selling,  or  disposing  of  any  such  article  of 
commerce,  for  the  jmrpose  of  enabling  such  lirsl-meiitioned  corpcjratiun  to  engage  or  to  continue  to 
engage  in  such  prodnction,  mantifacture,  sale,  or  coidiol,  witli  such  intent.  Every  corporation  or 
person  violating  the  provisions  of  this  section  shall  be  punished,  on  conviction,  by  a  tine  of  not  less 
than  $500  and  not  exceeding  $5,000. 

Skc.  7.  That  any  common  carrier,  lessee,  trustee,  receiver,  or  transportation  company,  engaged  in 
interstate  CI immcrce,  now  subject  to  the  provisions  of  said  act  to  regulate  commerce,  knowingly  trans- 
porting any  iirojierty  produced,  manufactured,  or  sold  in  violation  of  the  jmnisions  of  this  act,  or  in 
violation  of  the  provisions  of  "An  act  to  i>rotcct  tr.-idc  and  commerce  against  unlawful  restraints  and 
monopolies,"  a|iproved  .Inly  2,  l.s90,  in  interstate  commerce,  shall  be  subject  to  a  penalty  of  not  less 
than  Sl.OUO,  to  be  recovered  by  the  Fnited  States,  in  any  court  of  the  I'nited  States  having  jurisdic- 
tion thereof,  whicli  sint  may  be  brought  in  any  district  in  which  sucli  common  carrier,  lessee,  trustee, 
or  receiver,  or  transportation  com|>any  has  an  office  or  conducts  l;)usiness. 

Sec.  8.  That  all  prosecutions,  hearings,  and  iiroceedings  tnider  the  provisions  of  this  act,  and  under 
the  provisiousof  "Au  act  tojmitect  trade  ami  comnierce  against  unlawful  restraintsaud  monopolies," 
approved  .Inly  '2,  1.S90,  whether  civil  or  criminal,  no  iierson  shall  be  excused  from  attending  and  testi- 
fying, or  froiii  iir(.idncing  books.  ])apers,  contracts,  agrei'nients,  and  documents  bc^fore  the  courts  of 
the  Vnitcd  Slates,  or  the  commissioners  thereof,  or  the  Interstate  Commerce  Commission,  or  in  obe- 
dience to  the  snbp(ena  of  the  same,  on  the  ground,  or  for  the  reason,  that  the  testimony  or  evidence, 
documentary  or  otherwise,  required  of  him,  may  tend  to  criminate  him,  or  subject  him  (o  a  penalty 
or  forfcitiu-e;  but  no  person  shall  be  prosecuted  or  snbjectw.1  to  any  penalty  or  I'orfeitin-e  for,  or  on 
account  of,  any  transaction,  matter,  or  thing  (H)nceruing  which  he  may  testify  or  prodiK'e  evidence, 
documentary  or  otherwise,  before  said  courts,  commissioners,  or  Commission,  or  in  obedience  to  the 
snbi>(cna  of  either  of  them,  in  any  such  case  or  procct'ding. 

Testimony  of  wilni'sscs  tuidcr  the  provisionsof  the  act  to  regulate  interstate  commerce  and  amend- 
ments therei>f.  and  of  this  act,  liefore  said  Commission,  or  any  memljer  thereof,  shall  be  on  oath,  and 
eitlier  of  the  niemljcrs  of  .said  Commission  may  administer  oaths  and  attirmatiiius  and  sign  sulipienas. 

Sec.  11.  That  any  person  or  cor]i(_iration  injured  in  Imsiness  or  jiroperty,  by  any  other  person  or  cor- 
poration, by  reason  of  anything  forbidden  or  declared  to  be  unlawful  by  this  act,  may  sue  therefor 
in  any  circuit  court  of  the  United  States  in  the  district  in  which  the  defendant  or  (lefendants  reside 
or  are  found,  without  respect  to  the  amount  in  controversy,  and  shall  recover  threefold  the  damages 
sustained  and  the  costs  of  suit,  including  a  reasonable  attorney's  fee. 

Now,  Mr.  Speaker — 

To  gather  such  information  and  data  as  will  enable  the  President  of  the  United  States  to  make 
recommendations  to  ("ongress  for  legislation  for  the  regulation  of  such  commerce  and  to  report  such 
data  to  the  i'resi<lent  when,  from  time  to  time,  as  he  shall  require — 

and  the  information  so  obtained,  or  as  much  thereof  as  the  President  may  direct, 
shall  be  made  public.  I  ask  most  solemnly,  if  anything  is  really  contemplated  by 
this  substitute,  why  not  require  the  President  to  tiu'n  over  his  information  to  his 
Attorney-General  and  require  him  to  act  at  once?    The  cloven  foot  shows  itself  here. 

I  appeal  to  the  honest  construction  that  any  man  will  give  to  the  ordinary  English 
language — what  does  that  mean?  "As  much  thereof  as  the  President  may  direct 
shall  be  made  public."  He  can  suppress  all  data,  every  scintillaof  information.  _He 
can  hold  it  secret  and  staitd  pat  and  say  and  do  nothing,  and  no  law  can  move  him. 
Is  that  publicity?  Do  you  propose  to  put  into  the  hands  of  one  man  the  autocratic 
power  to  pass  on  the  question  that  involves  the  great  interests  and  welfare  of  all  the 
people?  What  wonderful  power  do  you  ]>lace  in  one  man's  hands.  It  can  be  used 
in  a  most  dangerous  manner.  Suppose  Carroll  1).  Wright,  whose  Department  has 
been  transferred  to  the  Department  of  Commerce  and  Labor,  should  ai)peal  to  the 
President  for  data  concerning  the  co.st  of  transportation  and  the  cost  of  pn  xlucing  coal. 

The  Department  of  Labor  has  been  transferred  to  the  Department  of  Commerce 
and  Labor.  It  is  under  the  supervision  of  the  Secretary  of  that  Department.  It  is  a 
part  and  parcel  of  this  great  new  Department  of  Commerce  that  is  to  be  established. 

Yet,  if  Mr.  Wright,  the  Commissioner  of  Labor,  should  seek  such  information 
upon  the  vital  matter  of  the  costs  of  the  transportation  of  coal  in  order  to  compare  it 
with  cost  of  production,  he  would  he  told  that  he  would  have  to  look  elsewhere  for 
his  information,  because  the  Nelson  substitute  "excepts  common  carriers"  from  its 
provisions.  Then,  again,  if  Commissioner  Wright  went  to  work  and  undertook  to 
get  up  data  and  information,  the  President  could  forbid  the  publication  "of  the 
information  so  obtained,  or  as  much  thereof  as  the  President  may  direct,"  l)ecause 
the  Nelson  sub.stitute  in  its  relation  to  "An  act  to  regulate  connnerce"  is  limited  by 
the  subject  to  tiie  provisions  thereof — tiiat  is  the  Nelson  measure. 

The  Labor  De])artment  has  had  the  right  to  gather  its  own  statistics.  There  it  is 
stibjected  to  the  crucible  of  the  will  of  tiie  President.  I  say  that  autocratic  power 
placed  in  the  hands  of  one  man  is  against  the  spirit  and  policy  of  our  free  American 
institutions.  I  say,  Mr.  Speaker,  that  is  a  power  that  ought  to  be  put  in  the  hands 
of  no  man  tmder  our  republican  form  of  government.  How  do  you  or  I  know  who  is 
to  be  President?  It  is  freciuently  said  to  me,  "The  President  is  honest  and  sincere." 
1  am  far  above  making  anv  criticism  of  liim.     How  do  you  know,  how  do  I  know, 


LEGISLATIVE    HISTORY  651 

lliMi  llu'  pix'sciit  iiiciiiiiliciit  will  be  the  next  rrcsidcMilof  the  UniU'd  States^?  We 
an-  not  ieirislatiiij,'  U>r  any  num.  Snppose  a  irreat  trnst  ina^'iiate  were  t<>  be  made 
Prei^ident  nnd«'r  the  power  of  this  law.  What  in \ estimation  could  follow?  What 
inquiries  eouM  be  made?     How  helpless  the  eountry  would  be. 

Why,  Mr.  Speaker,  that  latter  elause,  "or  so  much  thereof  as  the  President  may 
direct  shall  be  made  ]mblic,"  is  not  ])ublicity.  Does  any  man  contend  that  it  is 
publicity?  Section  (5  in  the  Department  of  Conunerce  l)ill  ]irovides  that  these  matters 
sl)onld  be  puldished  without  restraint.  Jt  reminds  me  of  what  is  said  down  in  my 
section  when  a  man  wants  to  make  a  thin<,'  absolutely  secure  and  safe;  he  says  it  is 
equal  to  a  "stake  and  rider  fence."  That  is  dedned  down  in  our  country  to  1)6  a 
fence  horse  hi^h,  bull  strong,  and  pig  tight;  you  can  not  get  over  it,  nor  inider  it, 
nor  ar<inn<l  it. 

That  last  clau.>-e,  "or  so  much  thereof  as  the  President  may  direct  shall  be  made 
public,"  is  a  stake  and  rider  legal  barrier  or  fence.  [Laughter.]  Suppose  a  man 
goes  there  and  wants  to  make  a  complaint  before  the  President.  It  would  simply 
be  a  physical  impossibility  for  the  President  to  hear  all  the  complaints  that  would 
be  made.  Not  only  that,  this  Nelson  substitute  iirovides  that  the  President  shall 
suggest  the  data  that  the  C'onnnissioner  of  the  P>ureau  of  Corporations  is  to  collect, 
and  for  fear  he  might  collect  some  data  that  ought  not  to  go  to  the  public,  the  meas- 
ure, as  a  matter  of  precaution,  to  jirevent  accidents,  says  that  "so  much  thereof  as 
the  President  sees  proper  shall  be  made  jaiblic."  1  know  that  it  is  an  ordinary  pro- 
vision to  say  that  certain  duties  shall  be  under  the  control  of  the  secretary  of 
a  department.  For  tlie  Secretarj'  of  the  Interior  to  supervise  the  Director  of 
Census  or  the  Secretary  of  Agriculture  to  supervise  gathering  of  farm  statistics  is  a 
harmless  provision.  That  is  right;  Init  this  authority  put  in  the  position  it  is  here, 
making  barriers,  is  a  different  proi)osition.  What  are  the  barriers  to  investigation? 
The  Secretary  of  the  Department  of  Commerce  and  Labor  has  first  to  have  his  say 
at  it.  Next,  the  President  may  tell  him  what  data  he  must  get.  Next,  when  the 
President  gets  that  data  and  information  about  these  trusts  in  his  hands,  holding 
them  in  the  hollow  of  his  hand,  it  is  for  him  to  say  whether  he  will  liublish  them 
or  not. 

There  never  was,  in  my  judgment,  in  the  history  of  this  great  Government  of  ours 
such  an  autocratic  power  placed  in  the  hands  of  one  man,  placed  there  on  a  subject 
that  concerns  the  welfare  and  the  interests  of  all  the  people  of  this  country.  It  can 
be  used  as  an  engine  of  powder.  I  do  not  mean  to  say  that  it  would  be  used  with 
reckless  disregard  of  the  rights  of  the  i)eo])le  for  and  in  behalf  of  the  trusts.  We  all 
know  that  the  President  has  repeatedly  said  that  there  are  "good  trusts  and  Ijad 
trusts."  Who  should  be  the  judge  on  such  a  question?  It  should  not  l)e  one  man. 
It  should  be  tiie  law,  under  the  rules  and  regulations  prescribed  for  eliciting  trutli. 
This  is  a  government  of  law.  I  have  always  believed  that  tlie  least  left  to  the  dis- 
cretion (jf  a  public  official  is  the  best  law  for  the  rights  and  interests  of  the  people. 

Why  should  the  Littletield  bill  JVe  doomed  to  a  languishing  death  in  place  of  this 
Nelson  substitute?  That  is  the  ques'tion  that  we  have  got  to  answer  before  the  ijeople. 
'Tis  said  that  it  will  surely  die. 

I  will  refrain,  Mr.  Speaker,  from  entering  into  a  discussion  f)f  the  tariff  (piestion. 
Gentlemen  have  heard  enough  of  such  discussion  alreadj'.  I  want  to  read  something 
that  the  distinguisheil  Secretary  of  War,  Mr.  Koot,  said  in  a  si)eech  to  the  Union 
League  at  New  York  on  the  night  of  February  6.  I  read  it,  Mr.  Speaker,  with 
much  concern.     It  bears  its  signiticance  when  it  comes  from  such  a  source: 

Secretary  Root  congratulated  the  vetoran.s  of  tlie  cIuIj  upon  having  "  woven  a  thread  into  fabric 
of  the  great  life  of  this  country." 

"There  are,"  he  added,  "many  problems  foniing  u]>  f()-<lay  on  which  the  safety  of  this  Government 
depends.  There  are  to-day  .situations  (if  jidssiljle  evils  for  oin- Cduntry  that  call  for  (h'voted  jiatriot- 
ism.  First,  division  between  the  rich  and  the  poor,  luider  which  wealth  controls  legislation  and 
poverty  is  trying  to  .stir  up  a  war  of  classes,  but  every  good  citizen  should  declare  that  never  in  this 
free  land  shall  we  have  a  war  of  classes." 

Ought  not  tlie  great  Secretary  to  have  supplemented  that  statement  by  saying  that 
in  order  to  prevent  this  dei)lorable  warof  classt'S  we  shouM  undertakeby  lawto  curb 
the  greed  of  the  trnst?  That  is  wliat  brought  about  this  condition;  it  is  what  is 
leading  us  to  this  prophesied  war  of  classes.  What  has  made  the  division  between 
the  rich  and  the  poor — made  it  so  marked  in  our  country  in  the  past  few  years? 
Wealth  controls  legislation,  and  it  l>ehooves  the  Congress  of  the  United  States  to 
recognize  these  conditions.  It  l)ecomes  us,  as  men  who  love  the  institutions  of  our 
country,  to  see  to  it  that  the  great  power  of  wealth  shall  not  be  used  against  the 
interests  of  the  masses.  No  man  has  the  right  to  denounce  or  imi^air  the  right  of 
every  man  to  acquire  honest  wealth.  It  is  w  hat  we  all  strive  for.  Let  every  man 
liave  an  equal  and  fair  chance  in  the  race  of  life  for  the  goods  of  this  world.  Let  us 
stand  to,  rechristen,  and  rededicate  the  great  fundamental  principles  of  oiu- republican 
form  of  government,  "  equal  rights  to  all  and  special  privileges  to  none. " 


652  LEGISLATIVE    HISTORY 

Mr.  Thayer.  I  should  like  to  ask  the  gentleman  a  question. 

Mr.  Richardson,  of  Alabama.  I  will  yield  to  the  gentleman. 

Mr.  Thayer.  I  am  not  entirely  conversant  with  the  provisions  of  the  act  creating 
the  Interstate  Commerce  Commission.  I  notice  that  this  bill  in  section  6  confers 
upon  the  Bureau  of  Corporations,  that  is  to  he  created,  the  same  authority  which  is 
conferred  upon  the  Interstate  Commerce  Connnission  relative  to  common  carriers. 
Now,  my  friend,  in  your  opinion,  if  this  Bureau  should  l)e  appointed,  would  it  have 
authority  to  get  the  information  which  in  our  antitrust  bill  we  have  directed  to  be 
obtained?  For  instance,  could  it  inquire  of  a  corporation  whether  it  had  had  any 
rel)ate,  whether  it  had  sold  to  one  party  at  a  lower  price  than  to  another,  whether  it 
had  overcapitalized?  Could  the  inquiries  he  made  to  reach  any  of  those  important 
matters? 

Mr.  Richardson,  of  Alabama.  In  answer  to  the  gentleman  from  Massachusetts  I 
will  say  that  if  he  will  read  tiie  Nelson  sul)stitute  closely  he  will  see  that  it  says 
"subject  to  the  ])rovisions  of  this  act,"  which,  in  my  humble  judgment,  makes  inap- 
plical)le  the  provisions  for  the  investigation  of  these  trusts  as  is  i)rovided  l>y  the  act 
to  regulate  commerce,  and  is  one  of  the  chief  l)arriers  that  will  stand  in  the  way  to 
prevent  such  investigation.  It  was  placed  there,  I  think,  just  to  accomplish  that 
purpose. 

Mr.  Mann.  I  hope  the  gentleman  does  not  really  believe  that. 

Mr.  Richardson,  of  Alabama.  Yes,  I  believe  it;  and  if  you  will  give  me  the  time  I 
can  demonstrate  it.  What  power  can  the  Interstate  Commerce  Commission  have  to 
secure  tliese  returns  if  we  make  that  Commission  sul)ject  to  the  provisions  of  the 
Nelson  substitute?  This  provision  is,  in  my  judgment,  a  carefully  worded,  well- 
considered,  artistically  framed  device  for  preventing  the  accomplishment  of  the  very 
thing  that  the  people  of  this  country  are  demanding  to-day — the  control  and  regula- 
tion of  the  trust. 

Mr.  G  aines,  of  Tennessee.  Does  the  Nelson  substitute  apply  to  existing  corporations? 

Mr.  Richardson,  of  Alabama.  In  regard  to  this  Nelson  substitute,  let  me  say,  as 
was  said  by  the  distinguished  gentleman  from  Indiana  [INIr.  Overstreet]  the  other 
day,  that  to  leave  out  the  Interstate  Commerce  Commission  from  the  Department  of 
Coinmerce  would  be  like  playing  the  great  Shakespearean  play  without  the  character 
of  Handet.  Yet  this  Nelson  substitute,  though  pretending  to  regulate  these  trusts 
and  combinations  and  organizing  a  l)ureau  of  corporations,  leaves  out  the  railroad 
corporations;  it  does  not  embrace  them  at  all;  an<l  I  say  that  a  law  which  in  thus 
undertaking  to  regulate  corporations  leaves  out  the  railroads  does  not  only  enact  the 
great  play  of  Hamlet  with  the  part  of  Hamlet  omitted,  but  it  puts  upon  the  boards 
a  roaring  farce. 

'  Mr.  Speaker,  I  am  not  an  extreme  advocate  of  what  is  known  as  tariff  revision. 
I  would  not  of  my  ow'n  free  will  disturb,  nor  do  I  believe  that  my  party  would  dis- 
turb, the  interests  or  the  business  of  our  country  in  any  improper  way.  .  The  peo]ile 
of  this  country  are  conservative.  They  have  felt  the  evils  of  the  trust,  and  they 
expect  and  are  entitled  to  relief.  The  law  that  we  may  make  here  ought  to  meet 
the  demands  to  protect  competition,  which  is  the  surest  way  and  the  strongest 
instrumentality  for  l)reaking  down  and  preventing  monopoly.  It  should  not  only 
do  that,  but  it  siiould  reduce  the  tariff  reasonably  to  a  moderate  revenue  basis,  and 
t'Si^eciaily  upon  those  products  that  are  controlled  by  the  trusts.  It  should  protect 
the  small  industries  and  cor]>orations  of  this  country  against  unjust  rivalry  and 
competition.  Those  are  plain  principles.  It  should  prevent  unjust  and  unlawful 
capitalization.  The  law"  should  provide  for  reasonal)le  publicity— such  jmblicity  as 
would  not  stimulate  or  allow  an  inquisitorial  investigation.  We  want  reasonable, 
just  laws  that  apply  to  all  alike. 

The  Speaker  pro  tempore  (Mr.  Dalzell).  The  time  of  the  gentleman  from  Alabama 
has  expired. 

Mr.  Richardson,  of  Alabama.  Mr.  Speaker,  I  ask  the  gentleman  from  Iowa  to 
allow  me  five  minutes  more. 

Mr.  Hephurn.  I  yield  to  my  colleague  on  the  committee  five  minutes  more. 

Mr.  Richardson,  of  Alabama.  I  am  much  obliged  to  the  gentleman. 

The  Speaker  pro  tempore.  The  gentleman  from  Alabama  is  recognized  for  five 
minutes. 

Mr.  Richardson,  of  Alabama.  I  say,  too,  Mr.  Speaker,  that  the  conservative  senti- 
ment which  I  have  just  enuj^ciated  comes  from  Republicans — leading  Republicans 
of  this  country — as  w^ell  as  from  Democrats.     I  read  the  language  of  one  such: 

We  Republicans  of  Iowa  are  all  protectionists,  hut  we  insist  that  the  tariff  imist  be  removed  on 
articles  In  which  nionopolv  has  hwu  i'stal)lislie<l.  We  call  ujion  CouKress  to  place  lef,'islative(>listaclcs 
in  the  way  of  the  ten<len<'V  of  iiunleru  coiuliiiiations  lo  destroy  coinpetition.  Competition  is  llu>  luii- 
damental  law  of  industrialism,  and  we  are  not  williuR  to  have  the  tariff  used  in  throttliuK  or 
perpetuating  it. 


LEGISLATIVE    HISTORY  fi53 

Tliat  conies  from  the  distinjinished  goveniorof  Iowa — Governor  Cnniniins.  It  is  a 
sentiment  that  jjervades  all  sections  of  our  country.  We  must  have  genuine  work — 
no  dodging  behind  the  bush  now. 

I  read  again  from  the  remarks  of  the  distinguished  Senator  from  Iowa  [Mr.  Dol- 

liver] : 

F(ir  years  wc  liiivo  lieon  telling'  the  people  that  we  would  do  something  toward  broadening  trade 
liy  means  ol"  reeiproeity  treaties.  We  ha\e  hail  the  power  in  all  hranehes  of  the  (ioveriunent,  but  we 
ha\e  done  nothing.  The  Repnblit-an  party  has  got  to  stop  a  lot  of  its  eonvensation  or  to  lake  up  these 
treaties  and  some  of  the  tariff  schedules  and  do  .something  toward  xatisfjing  expectations.  The 
l-tepnblican  party  on  this  question  is  like  a  ship  with  all  sail  set  and  anchor  fast.  It  is  time  to  take  in 
sail  or  pull  in  the  anchor. 

In  common  parlance,  that  means  to  "shoot,  Luke,  or  give  up  the  gun."  You 
have  been  aiming  at  the  trusts  long  enough;  fire  now  or  give  the  Democrats  the 
gun.  That  is  what  it  means  in  1904,  and  if  you  adopt  this  homeopathic,  diluted 
concoction  of  the  Nelson  substitute  the  sentiments  of  Senator  Dolliver,  uttered  in 
iiis  own  State,  will  come  ])ack  to  annoy  you  and  harass  you.  Now,  Mr.  Speaker,  as 
I  understand  the  parliamentary  situation  of  this  matter,  it  is  that  the  conference 
report  will  have  to  be  voted  down  in  order  to  reach  this  subdivision  6.  I  know 
there  is  great  difficulty  in  that.  I  know^  there  are  gentlemen  on  both  sides  of  this 
House  who  are  interested  in  the  establishinent  of  the  Department  of  Commerce  and 
Labor  which  this  bill  proposes  to  establish.  I  have  frankly  given  my  views  upon 
the  Nelson  substitute. 

I  do  not  believe  that  anything  good  for,  the  people  against  the  trusts  can  come  out 
of  it.  "  I  was  anxious  to  have  and  requested  a  separate  vote  on  this  substitute.  This 
was  declined  or  refused.  I  think  that  there  is  nothing  whatever  in  it  to  alarm  the 
trusts,  and  I  do  not  think  they  are  alarmed.  The  Repul)lican  party  is  responsible. 
No  one  should  be  allowed  hereafter  to  say  to  us  that  we  obstructed  or  hindered  any 
legislation  that  promised  or  claimed  to  check  the  trusts.  In  that  spirit  I  shall  vote 
for  the  conference  report.  Surely  no  man  who  is  honest  and  sincere  in  advocating 
the  broad,  conservative,  legal,  and  just  principles  enunciated  in  the  Littlefield  bill 
can  say  for  a  moment  that  this  Nelson  substitute  ought  in  justice  to  take  the  place 
of  such  a  bill.     If  the  Littlefield  bill  fails,  then  the  people  will  answer  in  1904. 

]Mr.  Speaker,  1  ask  unanimous  consent  for  leave  to  extend  my  remarks  in  the 
Record. 

The  Speaker  pro  tempore.  The  gentleman  from  Alabama  asks  unanimous  consent 
to  extend  his  remarks  in  the  Record.     Is  there  objection? 

There  was  no  objection. 

^Ir.  Hepbuen.  Mr.  Speaker,  I  yield  five  minutes  to  the  gentleman  from  Texas 
[3Ir.  Ball]. 

Mr.  Ball,  of  Texas.  Mr.  Speaker, 

Tlie  four  first  acts  already  past, 
A  fifth  shall  close  the  drania  with  the  day: 
Time's  rottcthst  offspring  is  the  last. 

First.  In  the  closing  hours  of  the  Fifty-sixth  Congress  the  Republican  party  pre- 
sented, as  a  means  to  destroy  the  trusts,  a  constitutional  amendment  to  confer  added 
power  upon  Congress.  The  Democrats  opposed  that  amendment,  insisting  that  there 
was  ample  constitutional  power  in  the  Congress  of  the  LTnited  States  to  destroy  every 
trust  in  the  Union.  The  Republicans  have  receded  from  the  position  which  they 
took  at  that  time,  and  the  President  and  a  Republican  Attorney-General  are  now 
agreed  that  Congress  has  the  necessary  power. 

Second.  We  had  in  the  closing  hours  of  that  Congress  what  was  known  as  the 
Littlefield  bill,  which  was  a  measure  calculated  at  least  to  seriously  embarrass  the 
trusts.  That  went  through  this  House  with  a  whoop  and  died,  because  there  were 
but  four  days,  as  all  the  members  of  Congress  knew,  in  which  the  Senate  could  con- 
sider it,  and  it  had  been  held  back  for  that  purpose. 

Third.  We  had  heralded  in  the  newspapers  during  the  past  summer  the  fact  tliat 
the  eminent  gentleman  from  Maine  [Mr.  Littlefield]  was  preparing  a  "trust  buster" 
under  the  auspices  and  direction  of  the  President  of  the  United  States,  who  had 
l)romised  "to  shackle  the  cunning  of  the  trusts."  After  consultation  with  the 
powers  that  be  the  gentleman  from  Maine  brought  in  a  bill,  and  it  was  submitted  in 
this  House,  and  in  the  language,  forceful  but  true,  of  the  gentleman  from  Illinois 
[Mr.  Cannon],  when  the  committee  brought  that  bill  back  they  had  "cut  the  dog's 
tail  off  right  behind  the  ears." 

Fourth.  We  had  the  emasculated  Littlefield  l)ill,  which  was  passed  in  this  House 
a  few  days  ago  with  apparent  seriousness  and  good  faith,  voted  for  by  every  member 
upon  both  sides  of  the  Chamber,  although  its  authors  knew  and  the  members  upon 
that  side  of  the  House  knew  that  it  was  not  the  intention  of  the  Republican  party 


654  LEGISLATIVE    HISTORY 

at  this  session  or  any  future  session  of  Congress  that  even  as  mild  a  bill  as  that  should 
become  law  or  to  pass  any  effective  trust  legislation. 

Fifth.  Mr.  Speaker,  we  have  hail  trumpeted  from  the  White  House  the  fact  that 
the  Administration  has  changed  its  programme;  tliat  it  is  now  anxious  to  get  through 
what  is  known  as  the  Nelson  l)ill  and  tlie  Elkins  bill,  which  passed  the  Senate  of  the 
United  States  without  any  discussion  or  consideration  whatever;  and  the  newspajiers 
are  pretending  to  say  that  the  Standard  Oil  Company  is  sending  in  telegrams  and 
protests  against  the  passage  of  these  homeopathic  doses  to  the  trusts. 

Mr.  Speaker,  I  do  not  believe  that  John  1).  Rockefeller  has  sent  any  message  to 
any  Senator  of  the  Unittid  States,  or  anybody  else,  in  opposition  to  these  measures, 
which  are  hardly  equal  to  a  dose  of  "soothing  sirup,"  much  less  calculated  to  destriiy 
the  trusts.  These  bills  are  mere  makeshifts,  a  hippodrome,  to  helj)  get  the  Admin- 
istration out  of  the  hole  into  which  its  pretended  trust-destroying  efforts  have  placed 
it.  If  the  President  is  sincere  he  is  powerless,  because  he  finds  behind  him  a  subserv- 
ient Repul)lican  party  which  it  not  honest  in  its  efforts  to  destroy  the  trusts.  It  is 
now  the  purjiose  of  the  Republican  party  to  rush  tlirough  the  Nelson  and  Islkins  bills 
to  deceive  the  public  and  cover  up  tlie  Administration's  failure  to  get  through  legis- 
lation projioseil  by  it  and  defeated  by  the  trusts.  Vote  down  this  report,  because  if 
you  adopt  it,  and  then  the  Elkins  bill,  tliere  will  l)e  a  flourish  of  trumpets  that,  over 
the  opposition  of  the  Standard  Oil  and  other  trust  concerns,  the  Administration  has 
secured  trust  legislation. 

There  is  nothing  in  this  amendment  of  any  value  wh;itever.  It  creates  aBui-eau 
of  Corporations  at  a  considerable  expense  to  gather  information  for  the  President,  who 
makes  public  such  as  he  sees  proper.  It  is,  in  fact,  no  legislation  whatever.  When 
passed  the  suppression  of  trusts  will  I)e  as  far  off  as  ever.  Vote  down  the  conference 
report  and  instruct  the  conferees  to  insist  upon  an  amendment  containing  at  least  the 
publicity  features  of  the  House  bill  passed  a  few  days  ago,  which  is  being  smothered 
at  the  other  end  of  the  Capitol.  In  this  way  only  will  it  be  possible  to  have  any  leg- 
islation of  value  passed  at  this  session  of  Congress.     [Applause.] 

Mr.  Hepburn.  Mr.  Speaker,  I  yield  five  or  ten  minutes  to  the  gentleman  from  Illi- 
nois [Mr.  Mann],  if  he  de.sires  the  time. 

The  Speaker  pro  tempore.  The  gentleman  from  Illinois  is  recognized  for  ten  min- 
utes. 

Mr.  Mann.  I  shall  not  use  all  the  time  that  is  allotted  to  me,  Mr.  Speaker,  princi- 
pally because  my  physical  condition  is  such  that  I  am  not  able  to  speak  without  great 
effort.  The  purpose  of  the  House  in  inserting  in  the  bill  the  section  for  the  Bureau 
of  Corporations  is  most  fully  justified  by  the  Nelson  amendment,  which  we  have  before 
us  in  the  conference  report.  I  may  say,  in  reply  to  the  suggestions  which  have  been 
made  by  the  gentleman  from  Alabama  [Mr.  Richardson]  and  the  gentleman  from 
Texas  [Mr.  l»all]  in  reference  to  the  so-called  Nelson  substitute,  that  the  statements 
made  by  them  are  not  borne  out  by  the  wording  of  the  sul)stitute;  and  I  say,  I\Ir. 
Speaker,  without  (luestion,  that  the  Nelson  substitute  confers  a  greater  power  upon  the 
Commissioner  of  C'orporations  to  make  investigations  of  so-called  trusts  than  has  been 
proposed  in  any  other  bill  or  in  any  other  proposition  brought  before  Congress.  The 
objection  Avas  made  by  one  of  the  gentlemen  interested  in  trust  legislation  that  the 
Nelson  amendment  was  too  drastic,  that  it  went  too  far. 

Mr.  Speaker,  it  confers  upon  the  Executive  an  absolute  power  to  make  comj)lete 
investigation  in  reference  to  all  i)hases,  all  conditions,  all  control  of  any  corporation 
engaged  in  interstate  conunerce  which  the  Secretary'  may  desire  to  have  investigated. 
That  information  and  that  investigation  are  i)ublic.  It  is  true  that  the  Nelson  amend- 
ment does  not  propose  to  punish  violations  of  any  law  which  we  create.  The  Nelson 
amendment  proposes  investigation  in  order  to  ol)tain  information.  I  am  not  sur- 
prised, Mr.  Speaker,  that  the  other  side  of  this  House,  which  has  always  talked  for 
trust  legislation,  now  when  it  comes  to  the  point  where  we  can  actually  enact  legis- 
lation, draws  back  afraid  to  put  upon  the  statute  books  any  legislation  upon  the  sub- 
ject. So  long,  Mr.  Speaker,  as  the  House  is  engaged  in  passing  a  l)ill,  the  gentlemen 
on  ^he  other  side  urge  it.  While  the  Senate  is  engaged  in  passing  another  l)ill,  the 
gentlemen  on  the  other  side  urge  it;  but  when  it  comes  to  having  the  House  and  the 
Senate  join  in  passing  the  same  bill,  and  the  question  is  presented  to  the  gentlemen, 
they  hesitate  and  gag. 

Mr.  Thayer.  Mr.  Speaker 

The  Speaker  pro  temjiore.  Does  the  gentleman  from  Illinois  yield  to  the  gentle- 
man from  Massachusetts? 

Mr.  Mann.  Yes. 

^Ir.  TiiavI':r.  I  should  like  to  ask  the  gentleman  the  question  that  I  asked  the  gen- 
tleman from  Alabama.  Do  you  l)elieve  tiiat  if  this  bill  passes  you  could,  under  the 
])rovisioiis  of  seclioii  (i,  conqiel  any  otiicer  of  any  corixii'ation  to  I'eveal  wiiat  i.-i 
demanded  of  him  in  the  antitrust  bill,  namely,  whether  they  are  overcapitalized; 


LEGISLATIVE    HISTORY  655 

rebates,  whetlier  tliey  have  paid  or  received  any;  and  the  inaiiucr  of  the  con  luct  of 
their  l)usines8? 

Mr.  jNIann.  ]\Ir.  Speaker,  I  liave  hardly  any  l)eHef  on  that.  It  is  so  plain  that  I 
think  1  may  say  I  know  if  Congress  has  the  constitntional  anthority  under  any  cir- 
cumstanees  to  ask  these  questions  of  a  corporation,  that  authority  is  conferred  to  the 
fullest  extent  by  this  bill  upon  the  Commissioner  of  Corporations,  and  all  the  power 
Congress  can  confer  upon  anyone  to  make  investigations  of  corporations  is  conferred 
ui)on  the  Commissioner  of  Corporations  by  the  Nelson  amendment. 

Mr.  Thayer.  One  question  further. 

Mr.  Manx.  Certainly. 

Mr.  Thayer.  The  only  authority  conferred  in  this  l)ill  is  the  authority  that  is  con- 
ferred in  the  Interstate  Commerce  Commission  in  dealing  with  railroads  and  com- 
mon carriers.  Is  there  any  provision  in  the  statute  to  which  this  refers  to  compel  a 
cori)oration  to  reveal  the  conditions  I  have  stated? 

Mr.  Maxn.  Oh,  well,  the  gentleman  knows  that  the  authoritj'  conferred  upon  the 
Connnissioner  of  Corporations,  in  reference  to  these  corporations,  is  that  conferred 
upon  the  Interstate  Commerce  Commissioners  now  in  reference  to  railway  corpora- 
tions. The  authority  is  full  and  complete.  The  authority  in  the  interstate-com- 
merce act  covers  the  question  which  the  gentleman  has  asked  about,  and  tlie  author- 
ity conferred  upon  the  Interstate  Commerce  Commissioners  is  absolutely  as  full  as 
can  l)e  conferi-ed  l)y  language. 

■Mr.  Thayer.  Why  did  they  not  put  it  in,  then,  in  the  same  language  as  the  lan- 
guage in  the  antitrust  bill,  so  that  something  definite  and  substantial  could  be 
discerned? 

Mr.  Mann.  Well,  if  the  gentleman  will  notice,  the  antitrust  bill  refers  to  certain 
provisions  in  the  act  to  regulate  commerce.  It  never  has  been  the  custom  of  anybody 
to  copy  all  of  these  provisions  over  again.  The  gentleman  laughs  and  shakes  his 
head.     Perhaps  he  has  not  read  the  bill. 

Mr.  Thayer.  O,  yes,  I  have. 

Mr.  Mann.  Perhaps  the  gentleman  has  not  read  the  law.  If  he  has  read  the  law, 
then  I  suspect  that  he  knows  that  the  question  he  asks  is  answered  completely  by 
the  law.  The  authority  conferred  upon  the  Commissioner  liy  the  Nelson  amendment 
is  definite  and  certain.  He  will  possess  all  the  power  which  Congress  has  as  to  mak- 
ing investigations  of  corporations.  The  manner  and  method  of  exercising  that  power 
are  now  indicated  by  the  interstate-commerce  act.  The  language  we  have  used  is 
plain  and  unambiguous. 

Mr.  Robinson,  of  Indiana.  Mr.  Speaker,  may  I  not  ask  the  gentleman  in  the  interest 
of  fairness  to  withdraw  the  statement  he  made  against  the  Democratic  side  of  the 
House  upon  this  subject  of  trust  legislation  in  view  of  the  record  of  hypocrisy  made 
by  the  other  side  in  the  Fifty-sixth  Congress. 

Mr.  Mann.  Well,  Mr.  Speaker,  whenever  I  withdraw  any  statement  made  in  refer- 
ence to  mj'  friends  on  the  other  Bde  on  the  basis  of  the  truth  of  their  claim  of 
hypocrisy  on  this  side  I  hope  I  may  land  in  a  lower  and  not  an  upper  world. 
[Laughter.]  We  all  have  become  used  to  the  argument  that  is  made  ])y  gentlemen 
on  the  other  side,  which  simply  is  abuse.  I  never  heard  one  of  you  make  a  speech 
upon  the  floor  of  this  House  in  reference  to  trust  legislation  that  did  not  denounce 
the  Republicans  as  a  band  of  robbers  and  thieves. 

Mr.  Fleming.   You  have  not  been  in  your  seat  all  the  time,  then. 

Mr.  Mann.  I  am  glad  to  except  the  gentleman  from  Georgia,  who  is  always  fair 
and  courteous  in  his  language;  and  there  are  other  exceptions,  I  am  glad  to  say. 

But  your  speakers  usually  say  that  the  Repuljlicans  are  a  band  of  robbers  and 
thieves.  They  say  we  act  at  the  behest  of  the  trusts.  And  yet  I  do  not  know  a 
gentleman  on  that  side  of  the  aisle  who  believes  it.  There  is  no  gentleman  on  that 
side  who  Ijelieves  gentlemen  on  this  side  of  the  aisle  are  not  actuated  by  purposes  as 
honest,  as  noble,  as  truthful  as  theirs;  and  I  would  not  claim  that  gentlemen  on  the 
Democratic  side  of  the  House  are  not  earnest  and  sincere  in  their  work  against  the 
trusts.  They  are  now  only  seeking  political  capital.  We  are  responsible  for  what 
we  do;  they  are  not  held  responsible  for  what  they  say.  Mr.  Speaker,  I  yield  back 
the  l)alance  of  my  time  to  the  gentleman  from  Iowa. 

Mr.  Smith,  of  Kentucky.  May  I  ask  the  gentleman  a  question  before  he  sits  down? 

Mr.  Mann.  Well,  if  it  is  a  question  in  reference  to  the  bill,  I  will  take  time  to 
answer  it;  if  it  is  a  mere  political  question 

Mr.  Smith,  of  Kentucky.  I  would  like  to  know  if  the  gentleman  has  ever  seen  me 
ask  any  other  question  since  my  service  in  this  House? 

Mr.  jNIanx.  I  think  that  is  true.     The  gentleman  is  sincere. 

]\Ir.  Smith,  of  Kentucky.  What  I  want  to  know  is  if  the  gentleman  does  not  think 
it  would  havel)een  better  to  have  required  the  Comoiissioner  of  Corporations  to  lay 
his  report  l)efore  Congress  rather  than  before  the  President;  because  it  is  not  so 


656  LEGISLATIVE    HISTOEY 

important,  as  I  view  the  matter,  that  the  President  should  be  enabled  to  make 
recommendations  as  that  Congress  should  be  enabled  to  enact  some  intelligent  effec- 
tive legislation. 

Mr.  Mann.  I  would  call  the  gentleman's  attention  to  the  fact  that  the  Commis- 
sioner of  Corporations  is  under  the  Department  of  Commerce  and  Lalwr,  which  has 
a  Secretarj',  and  the  Secretary  is  required  to  make  an  annual  report,  which  of  course 
means  that  the  statement  that  tlie  Commissioner  of  Corporations  makes  in  his  report 
to  the  Secretary  would  be  included  as  a  part  of  his  report. 

Mr.  Smith,  of  Kentucky.  In  that  same  connection  I  apprehend  that  this  provi- 
sion of  the  amendment  which  says  it  shall  lie  in  the  discretion  of  the  President  as  to 
what  shall  be  made  public  of  these  reports  woul<l  preclude  the  Connnissioner  from 
laying  before  Congress  what  the  official  report  developed  in  his  investigation. 

The  Speaker  pro  tempore.     The  time  of  the  gentleman  has  expired. 

Mr.  Mann.  I  wish  I  had  time;  I  think  I  could  exjilain  that  to  the  gentleman's 
satisfaction. 

Mr.  Hepburn.  I  yield  four  minutes  to  the  gentleman  from  Georgia,  a  member  of 
the  committee. 

Mr.  Adamson.  Mr.  Speaker,  I  do  not  like  to  appear  in  antagonism  to  my  distin- 
guished friend  on  the  committee,  the  gentleman  from  Alabama,  who  was  one  of  the 
managers  on  the  part  of  the  House.  However,  I  do  not  desire  that  any  vote  that  I 
may  cast  shall  be  construed  into  an  indication  of  lack  of  knowledge  that  the  provi- 
sion discussed  by  the  gentleman  from  Alabama,  known  as  the  Nelson  subyli'.ute,  is 
a  delusion  and  a  snare,  a  hollow  mockery,  thinner  than  thin  air,  weaker  than  water, 
the  meanest  siiam,  the  most  contemptible  fraud  and  false  i)retense,  because  it  seeks 
to  deceive  constituents  who  send  members  here. 

But  we  are  put  upon  notice,  at  least  by  the  newspapers,  which  everybody  knows 
are  always  truthful,  that  this  is  the  only  antitrust  measure  that  the  "trust  busters" 
are  going  to  permit  to  i)ass  at  all.  1  do  not  propose  to  go  before  the  country  in  the 
attitude  of  opposing  the  only  antitrust  legislation  that  we  are  served  with  notice  can 
be  enacted.  I  shall  not  oppose  the  report  of  the  managers  on  the  part  of  the  House 
on  that  account.  I  know  the  managers  on  the  part  of  the  House  have  been  diligent 
and  patient.  I  know  something  of  the  difficulties  they  encountered.  I  accept  their 
re])ort  as  the  best  that  can  be  secured  under  the  circumstances,  and  shall  contribute 
witli  great  pleasure  to  creating  the  Department  of  Commerce  and  Labor  by  voting 
for  the  adoption  of  this  report.     [Applause.] 

Mr.  Hepburn.  Mr.  Speaker,  I  n^ove  the  adoption  of  the  conference  report,  and 
on  that  demand  the  previous  question. 

Mr.  Bartlett.  May  I  ask  the  gentleman  one  question  before  he  demands  the  pre- 
vious question? 

The  Speaker  pro  tempore.  Does  the- gentleman  yield? 

Mr.  Hepburn.  I  yield  for  a  question. 

Mr.  Bartlett.  I  desire  to  ask  the  gentlemen  if  this  report — and  I  have  read  it 
very  carefully — in  reference  to  insurance  companies  does  anything  more  than  to 
authorize  the  Commissioner  to  gather  statistics  in  reference  to  insurance  companies? 

Mr.  Hepburn.  Nothing  in  the  world,  so  far  as  I  understand. 

Mr.  Bartlett.  Then  tiiere  is  nothing  in  this  measure  that  contravenes  the  votes 
of  the  House  on  that  sul)ject. 

I\Ir.  Hepburn.  All  I  mean  to  say  is  this,  that  it  simply  authorizes  information 
being  secured.     Now,  Mr.  Speaker,  I-  demand  the  previous  question. 

Mr.  Richardson,  of  Tennessee.  Will  the  gentleman  allow  me  to  ask  him  a  ques- 
tion?   I  do  not  want  to  debate. 

Mr.  Hepburn.  I  prefer  not  to  yield. 

The  Speaker  pro  tempore.  The  gentleman  declines  to  yield. 

Mr.  Richardson,  of  Tennessee.  Does  the  gentleman  decline  to  yield  for  a  question? 

JNIr.  Hepburn.  Yes,  sir. 

The  Speaker  pro  tempore.  The  gentleman  from  Iowa  asks  for  the  previous  ques- 
tion on  agreeing  to  the  conference  report. 

The  question  was  taken;  and  the  previous  question  was  ordered. 

The  Speaker  pro  tempore.  The  (juestion  is  on  agreeing  to  the  conference  rejiort. 

Mr.  Hepburn.  On  that  question,  Mr.  Speaker,  I  ask  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

The  question  was  taken;  and  there  were — yeas  252,  nays  10,  answered  "present" 
4,  not  voting  85;  as  follows: 

Yeas:  Adams,  Adamson,  Alexander,  Allen  of  Kentucky,  Allen  of  Maine,  Aplin, 
Bankhead,  Barney,  Bartholdt,  Bartlett,  Bates,  Beidler,  Bell,  Bellamy,  Billmeyer, 
Blakeney,  Boreing,  Boutell,  Bowersock,  Bowie,  Brandegee,  Brantley,  Breazeale, 
Brick,  Bromwell,  Brown,  Brownlow,  Brundidge,  Burgess,  Burke  of  South  Dakota, 
Burkett,  Burleigh,  Burleson,  Burton,  Butler  of  Missouri,  Butler  of  Pennsylvania, 


LEGISLATIVE    HISTORY  657 

Caldorlu'ail,  Caldwell,  Candler,  Cannon,  Ca]iron,  Cassel,  Cassingham,  Clark,  Clayton, 
Conner,  Coombs,  Cooj>er  of  Texass,  Cooper  of  Wisconsin,  Corliss,  Cowherd,  Creamer, 
Cromer,  Crumpacker,  Currier,  Curtis,  Cushman,  Dalzell,  Darragh,  Dave\' of  Louisiana, 
Davidson,  Davis  of  Florida,  Deemer,  Dick,  Dinsmore,  Dougherty,  Douglas,  Dovener, 
Draj^er,  P]ddy,  Emerson,  Esch,  Evans,  Feely,  Finley,  Fitzgerald,  Flanagan,  Fletcher, 
Flood,  Foeriierer,  Fordney,  Foster  of  Vermont,  Fox,  Gaines  of  Tennessee,  (Jainesof 
West  Virginia,  (iardner  of  Massachusetts,  Gardner  of  Michigan,  Gardner  of  New 
Jersey,  Gibson,  Gilbert,  Gill,  Gillett  of  Massachusetts,  Glass,  Gooch,  Gordon,  Graff, 
Ciraham,  Green  of  rennsylvania,  Greene  of  IVIassachusetts,  (iriffith,  Griggs,  Grosvenor, 
(irow,  Hamilton,  Hanbury,  Haugen,  Heatwole,  Hedge,  Hemenway,  Henry  of  Con- 
necticut, Henry  of  Mississi]ipi,  Henry  of  Texas,  Hepburn,  Hilde])rant,  Hill,  Hitt, 
Hooker,  Howard,  Hughes,  Hull,  Irwin,  Jackson  of  Maryland,  Jenkins,  Johnson,  Jones 
of  Washington,  Joy,  Kahn,  Kehoe,  Kern,  Kiel  »erg,  Knapp,  Kyle,  Lacey,  Lamb,  Landis, 
Latimer,  Lawrence,  Lessler,  Lever,  Lev.is  of  Georgia,  Littauer,  Livingston,  Lloyd, 
Long,  Loverinji',  McAndrews,  McCleary,  INlcCulloch,  iNlcDermott.  McLachlan,  McLain, 
INIcKae,  Maddox,  Mahon,  Mann,  INIarsliall,  Martin,  Metcalf,  Mickey,  Miller,  ftlinor, 
Mondell,  bloody.  Moon,  Morgan,  Morrell,  Morris,  Mudd,  Mutchler,  Needham, 
Norton,  Olmsted,  Otjen,  Overstreet,  Padgett,  Palmer,  Parker,  Patterson  of  Pensyl- 
vania,  Patterson  of  Tennessee,  Payne,  Pearre,  Perkins,  Pou,  Powers  of  Maine,  Powers 
of  INIassachusetts,  Randell  of  Texas,  Reeder,  Reeves,  Rhea,  Richardson  of  Alal^ama, 
Richardson  of  Tennessee,  Rixey,  Robb,  Roberts,  Robinson  of  Indiana,  Rucker, 
Russell,  Ryan,  Schirm,  Scott,  Shallenberger,  Shattuc,  Shelden,  Shepjmrd,  Sherman, 
Showalter,  Sibley,  Sims,  Skiles,  Slayden,  Smith  of  Illinois,  Smith  of  Iowa,  Smith  of 
Kentucky,  H.  C.  Smith,  Snodgrass,  Snook,  Southard,  Sperry,  Spight,  Stark,  Steele, 
Stephens  of  Texas,  Stevens  of  Minnesota,  Stewart  of  New  Jersey,  Stewart  of  New 
York,  Storm,  Sulloway,  Sulzer,  Talbert,  Tate,  Tawiiey,  Tayler  of  Ohio,  Taylor  of 
Alabama,  Thayer,  Thomas  of  Iowa,  Thompson,  Underwood,  Van  Voorhis,  Wanger, 
Warner,  Warnock,  Watson,  Weeks,  Wheeler,  White,  Wiley,  Williams  of  Illinois, 
Williams  of  Mississippi,  Woods,  Wright,  Young,  and  Zeuor. 

Nays:  Ball  of  Texas,  De  Armond,  Fleming,  Lester,  Little,  Littlefield,  Reid,  Rob- 
ertson of  Louisiana,  Shackleford,  and  Vandiver. 

Answered  "present:"  Dayton,  Haskins,  Hopkins,  and  McClellan. 

Not  voting:  Acheson,  Babcock,  Ball  of  Delaware,  Belmont,  Benton,  Bingham, 
Bishop,  Blackburn,  Bristow,  Broussard,  Bull,  Burk  of  Pennsylvania,  Burnett,  Coch- 
ran, Connell,  Conry,  Cooney,  Cousins,  Crowley,  Dahle,  DriscoU,  Dwight,  Edwards, 
Elliott,  Foss,  Foster  of  Illinois,  Fowler,  Gillet  of  New  York,  Glenn,  Goldfogle,  Hay, 
Holliday,  Howell,  Jack,  Jackson  of  Kansas,  Jett,  Jones  of  Virginia,  Ketcham,  Claude 
Kitchin,  William  W.  Kitchin,  Kluttz,  Knox,  Lassiter,  Lewis  of  Pennsylvania,  Lind- 
say, Loud,  Loudenslager,  McCall,  Mahoney,  Maynard,  Mercer,  Meyer  of  Louisiana, 
Miers  of  Indiana,  Moss,  Naj^hen,  Neville,  Nevin,  Newlands,  Pierce,  Prince,  Pugsley, 
Ransdell  of  Louisiana,  Robinson  of  Nebraska,  Ruppert,  Scarborough,  Selby,  Shaf- 
roth.  Small,  S.  W.  Smith,  Wm.  4-l<len  Smith,  Southwick,  Sparkman,  Suther- 
land, Swann,  Swanson,  Thomas  of  North  Carolina,  Tirrell,  Tompkins  of  New  York. 
Tompkins  of  Ohio,  Trimble,  Vreeland,  Wachter,  Wadsworth,  Wilson,  and  Wooten. 

So  the  conference  report  was  agreed  to. 

The  following  pairs  were  announced: 

For  the  session : 

INIr.  Dayton  with  Mr.  Meyer,  of  Louisiana. 

Mr.  McCall  with  Mr.  McClellan. 

Until  further  notice: 

Mr.  Tirrell  with  Mr.  Conry. 

Mr.  Driscoll  with  Mr.  Scarborough. 

Mr.  Ball,  of  Delaware,  with  Mr.  Ransdell,  of  Louisiana. 

Mr.  Bingham  with  Mr.  Elliott. 

Mr.  Hoi)kins  with  Mr.  Swanson. 

Mr.  Jack  with  Mr.  Robinson,  of  Nebraska. 

Mr.  Haskins  with  Mr.  Fox. 

Mr.  Vreeland  with  Mr.  Wilson. 

For  one  week : 

Mr.  Acheson  with  Mr.  Sparkman. 

For  the  day: 

Mr.  Samuel  W.  Smith  with  Mr.  Kluttz. 

Mr.  Connell  with  Mr.  Shafroth. 

Mr.  Gillet,  of  New  York,  with  Mr.  Jett. 

Mr.  William  Alden  Smith  with  Mr.  Belmont. 

Mr.  ]\Iercer  with  Mr.  Newlands. 

Mr.  Cousins  with  Mr.  Hay. 

27628—04 42 


658  LEGISLATIVE    HISTORY 

Mr.  Southwick  with  Mr.  Ruppert. 
Mr.  Tompkins,  of  New  York,  with  Mr.  Lindsay. 
Mr.  Tompkins,  of  Ohio,  with  Mr.  Edwards. 
Mr.  Sutherland  with  Mr.  Pugsley. 
Mr.  Moss  with  Mr.  Neville. 
Mr.  Nevin  with  Mr.  Mahoney. 
Mr.  Wadsworth  with  Mr.  Jackson,  of  Kansas. 
Mr.  Prince  with  Mr.  Jones,  of  Virginia. 
Mr.  Loudenslager  with  ]Mr.  Naphen. 
Mr.  Lewis,  of  Pennsylvania,  with  Mr.  Glenn. 
Mr.  Knox  with  Mr.  Claude  Kitchin. 
Mr.  Ketcham  with  Mr.  William  \V.  Kitchin. 
Mr.  Howell  with  Mr.  Goldfogle. 
Mr.  Foss  with  Mr.  Foster,  of  Illinois. 
Mr.  Dahle  with  Mr.  Cooney. 
Mr.  Bull  with  Mr.  Crowley. 
Mr.  "Wachter  with  Mr.  Wooten. 
Mr.  Bishop  with  Mr.  Maynard. 
Mr.  Blackburn  with  Mr.  Cochran. 
Mr.  Babcock  with  Mr.  Pierce. 
Mr.  Burk,  of  Pennsylvania,  with  Mr.  Burnett. 
Mr.  Miller  with  Mr.  Small. 
For  the  vote: 

Mr.  Loud  with  Mr.  Trimble. 
Mr.  Holliday  with  Mr.  Broussard. 
Mr.  Fowler  with  Mr.  Benton. 
Mr.  Bristow  with  Mr.  Miers,  of  Indiana. 
Mr.  Dwight  with  Mr.  Thomas,  of  North  Carolina. 
The  result  of  the  vote  was  then  announced  'as  above  recorded. 

On  motion  of  Mr.  Hepburn,  a  motion  to  reconsider  the  vote  wherel)y  the  confer- 
ence report  was  agreed  to  was  laid  on  the  table. 

On  February  11,  1903,  Senator  Hanna  called  up  the  conference 
report  on  S.  669,  and  it  was  agreed  to  by  the  Senate.  On  February 
13,  1903,  the  Speaker  announced  his  signature  to  enrolled  bill  S.  569; 
a  message  from  the  House  announced  this  fact  to  the  Senate;  the  bill 
was  thereupon  signed  by  the  President  pro  tempore  of  the  Senate. 
The  following  day,  February  14,  1903,  a  message  from  the  President 
of  the  United  States,  b}^  one  of  his  secretaries,  announced  that  he  had 
approved  and  signed  the  act  (S.  569)  to  establish  the  Department  of 
Commerce  and  Labor. 

[The  form  in  which  Senate  No.  569  became  a  law  is  given  on  page 
25  et  seq.  of  this  volume.] 


ALPHABETICAL  INDEX 


A 

Page 

Abandonment  of  seaman 245 

Accidents,  investijJcatioM  of  niarine 132 

Accomniodations,  on  steamer  and  vessel 140, 167 

on  Mississippi  Eiver 147 

Accounts,  Auditor  for  State  and  other  Departments  to  audit 25 

Adams,  President  J.  Q.,  recommends  reorejanization  of  Executive  Depart- 
ments   - 10 

Adamson,  Mr. ,  speecli  on  Senate  1  )ill  569 568 

Admeasurement.     See  Measurement. 

Advance  payment  on  contracts  of  Light-House  Board  prohil)ited 70 

wages  of  seaman 204 

Advertisement  of  contracts  of  Light-House  Board 70 

Agent,  C'liinese  immigration 399 

oatli  of,  on  issue  of  enrollment  or  license  of  vessel ^ 183 

registry  of  vessel 172, 173, 175 

of  salmon  fisheries 48 

seal  fisheries 46 

Agreement  of  seaman.     See  Shipi^ing  Articles. 

Agriculture,  census  schedules  of i 87 

department  of,  established 11, 424 

Aids  to  navigation.     See  Light-House  Board. 

Alaska,  census  of 88 

coasting  trade  with 236 

Commercial  Company,  seal  contracts  of 45 

establishment  of  subports  in .368 

fisheries  of 35-48 

transferred  to  Department  of  Commerce  and  Labor 28 

governor  of,  to  report  on  seal  fisheries 47 

license  charges  on  wharves 316 

lights  in 77 

manifest  in  trade  with 255 

penalty  for  violation  of  fishery  laws  of  {see  also  Penalty ) 48 

return  of  destitute  seaman  from 208 

salmon  agents 48 

seal  agents 46 

fisheries 38 

trade  with 316 

transfer  of  cargo  in 298 

Albany,  N.  Y. ,  merchandise  destined  for 277 

Alien  may  own  steamboat  on  river  or  bay 160 

naturalization  of,  as  seaman 189 

prohibited  from  ownership  in  vessel  of  United  States 171 

record  of  American-built  vessel  owned  by 185 

sale  of  vessel  to 178 

659 


060  ALPHABETICAL    INDEX 

Page 

Alien,  Secretary  of  Commerce  and  Labor  can  deport 389 

temporary  services  as  officer  of  vessel 188 

tonnage  taxes 23o 

transit  of,  through  United  States 382 

See  also  Immigration. 

Allison,  Mr. ,  speech  on  Senate  l)ill  569 46S,  483 

Allotment  of  -wages  of  seaman 204 

Alteration  of  marine  documents,  fraudulent 188 

Alton,  111. ,  merchandise  destined  for 278 

Amendments  to  Senate  bill  569,  debate  on. 434 

American  seaman.     See  Seaman. 
vessel.     See  Vessel. 

Anarchists,  n<jt  permitted  to  enter  or  l)e  naturalized 383,  .393 

Anchor,  inspection  of 122 

Anchorage  grounds 316 

Annapolis  Convention 7,  8 

Antiscorbutics 226 

Appeal  from  l)oard  of  special  inquirj-,  immigration ,391 

in  immigration  cases,  including  Chinese .391,  395 

to  Supervising  Steamboat  Inspectors 132 

United  States  Supreme  Court,  Bureau  of  Corporations 55 

Appendix  to  certificate  of  registry  of  vessel 1 70 

Appraisement  of  seized  articles  under  customs  laws 261 

Apprentice 190 

forms  of  account  of 217 

to  pilot  or  engineer 131 

Appropriations,  duration  of 69 

for  Department  of  Commerce  and  Labor 31 

transferred 33 

xinexpended 25 

Arbitration  ) )efore  shipping  commissioner 207 

Board  of,  proposed 17 

See  aho  Mediation. 

Arms  and  ammunition,  exjjort  of 221 

Arming  vessels  illegal 319 

Articles  of  agreement,  f orni  of,  for  seaman 215 

award,  seal  fisheries 39 

shipping,  of  seaman 190 

Assistance  by  United  States  vessels 220 

Assistant  Secretary  of  Commerce  and  Labor,  law  autliorizing 25 

location  of  office 23 

salary  of,  appropriated 31 

steamboat  inspectors 120 

Assisted  immigrant  prohibited - 384,  409 

Astoria,  Oreg. ,  clearance  from 280 

Attaches,  Commercial,  proposed 20 

Attorney-General,  extracts  from  opinions  of,  bearing  on  Department  of  Com- 
merce and  Labor 34 

in  Cabinet 8 

opinion  of,  as  to  title  before  purchase  of  land 72 

Auditor  for  State  and  otlier  Dejiartments  to  receive  accounts  of  Department  of 

Commerce  and  Labor 25 

Augusta,  Ga.,  merchandise  destined  for 277 


alphabetic; AL    INDEX  661 

Page 

Automobiles,  transportation  of,  on  steam  vessels 1 37 

Awards,  law  enforoinj>'  seal 41 

B 

Bacon,  Mr. ,  speeeh  on  Senate  bill  5()9 493 

Bag-g-age,  searcli  of,  customs  laws i 260 

Baker,  Mr. ,  1  )ills  introduced  by 13,  20 

Ball,  Mr. ,  speech  on  Senate  bill  5()9 653 

Barbour,  Mr. ,  mentioned  in  debate 553 

Barge,  not  documented 161 

passenger,  requirements  of 142 

Barham,  Mr. ,  bills  introduced  l)y 20,  21 

Barrett,  Mr. ,  bills  introduced  by 19 

Bayport,  Fla. ,  merchandise  destined  for 277 

Beam  ( )f  vessel,  breadth  of 163 

Belford,  Mr. ,  bill  introduced  ]>y - 18 

Bell  pulls 139 

Bergen  County,  N.  J. ,  vessels  may  be  documented  at  Jersey  City 184 

Bering  Sea,  seal  fisheries  of 44 

Berth  on  immigrant  vessel 290 

Bertillion  system  of  measuring  immigrants  and  Chinese 396 

Berwick,  Me. ,  merchandise  destined  for 280 

Bibliography  of  organic  laws 24 

proposed  legislation 1 3-21 

Biery,  Mr. ,  bill  introduced  by 13 

Bill,  anticipating  Bureau  of  Corporations 19,  608 

of  lading 230,231 

sale  of  vessel 176 

Senate  569,  history  of  {see  also  Senate) 419 

Birth  to  1)e  entered  in  log  book 227 

Births  anil  deaths,  census 84 

Blair,  Mr. ,  bill  introduced  by 15 

Blanks  for  customs  officers :i 375 

Board  of  local  steamboat  inspectors 118, 121 

special  inquiry,  Immigration  Service 385,  390 

Boarding  of  vessel 259,  293 

officer,  defense  of,  when  sued 261 

Boat  on  internal  waters  not  documented 161 

Boilers,  inspection  of,  on  steam  vessels 122 

Bond,  for  armed  vessel 319 

general  libel 232 

master's,  amount  of 270 

of  alien  owner  of  steam  vessel IKO 

inspector  of  steam  vessels 134 

lessees  of  sealing  privileges 45 

shipping  conunissioner 157 

on  behalf  of  aliens 391 

delivery  of  imported  merchandise  in  coasting  trade 272 

registry ;..  179 

suits  on 271 

Bonded  warehouses,  list  of  ports  with 368 

Books  and  stationery,  appropriation  for 32 

Bottomry,  lien  by 177 


662  ALPHABETICAL    INDEX 

Page 

Brazil,  mail  steamers  of 234 

Breach,  of  duty,  seaman's 214 

Breadth  of  vessel,  liow  determined 163 

Breckenridge,  Mr. ,  bill  introduced  by 17 

Bridges  over  rivers,  lights  on 75 

British  North  America,  merchandise  destined  for 302 

officers,  right  of,  to  arrest  sealers 43 

Brownlow,  Mr. ,  bills  introduced  by 19,  21 

Brownsville,  Tex. ,  merchandise  destined  for 280 

Build  of  vessel,  change  of , 1 76 

Builder's  certificate,  vessels 171 

Exchange  building,  quarters  in 22,  23,  34 

Building  for  Department,  estimate  for 659 

mentioned  in  debate , 471 

Bulk  cargo 270 

Bulkheads,  water-tight 141 

Bulletin  of  Bureau  of  Labor 64 

Bullion,  export  of 255 

Buoys  and  lights 74 

method  of  marking 75 

Bureau.     See  Name  of. 

Bureaus  transferred  to  Department  of  Commerce  and  Labor,  in  H.  Report 538 

Burlington,  Iowa,  merchandise  destined  for 278 

Butterworth,  Mr. ,  bill  introduced  by 17 

C 

Cabinet,  institution  of 8 

first  four  members  of 8 

fifth  member  of 9 

sixth  member  of 9 

seventh  member  of 10 

eighth  member  of 11 

ninth  member  of 12 

Cable,  inspection  of  ship's 122 

Cairo,  111. ,  merchandise  destined  for 278 

Camden,  N.  J. ,  enrollment  and  license  of  vessels  at 184 

Cameron,  Mr. ,  1  )ill  introduced  by 14 

Caminetti,  Mr. ,  bill  introduced  by 18 

Campbell,  Mr. ,  bill  introduced  by 14 

Canada,  canal  boat  in  trade  with,  to  be  documented 161 

citizens  of,  exempt  from  head  tax 382 

commerce  with 296 

discrimination  on  canals  of 248 

engagement  of  seamen  in  trade  with 196 

imnngrants  from 392 

vessel  with  products  of,  may  be  permitted  to  lade  or  unlade  in 

United  States i 303 

wrecking  vesisel  of,  in  American  waters 313 

Oanal  boat,  lights  on 337 

steam,  to  be  inspected 124 

vessel  employed  on,  not  to  be  documented 161 

Cancellation  of  register  or  license  of  vessel 179, 182 

Cargo.     See  Merchandise. 


ALPHABETICAL    INDEX  668 

Page 

Carpenter's  certificate  as  to  vessel 171 

Cassidy ,  Mr. ,  bill  introduced  l)j' 15 

Cattle  <  in  inunigrant  ship 293 

Census,  Bureau  of  the 78-96 

ajjpropi'iations  for 94,  95 

cotton  statistics  of .• 84 

debate  on  transfer  of 438, 440, 449, 458, 460-491 

location  of 23 

penalty,  see  Penalty. 

soldiers  and  their  widows,  appointment  in 83 

special  agents  of 84 

States  to  cooperate  with,  to  secure  vital  statistics 96 

transferred  to  Department  of  Commerce  and  Labor 26 

Director  of  the 82 

information  from  other  Departments 94 

interpreter 91 

of  Alaska  and  Hawaiian  Islands 88 

births  and  deaths 84 

cities 83 

Philippines 86 

Office,  See  Census,  Bureau  of  the. 

transfer  of  records  of 95 

Ceremonies  of  organization  of  Department  of  Commerce  and  Labor 22-24 

Certificate  of  Chinese V. 397,400,401,404,407,409 

citizenship  of  seaman 189 

inspection  of  steam  vessel 123 

m.arine  pajaers _ 183 

measurement  of  vessel 163 

number  of  i^assengers  allowed '  135 

record  of  vessel 185 

registry  of  vessel 173-176 

appendix  to 170 

cancellation  of 179 

custody  and  surrender  of 175 

lossof 178 

particulars  of 163 

penalty  for  failure  to  deliver 179 

Certification  to  documents  by  custoins  officer 183 

Champlain,  Lake,  trade  on 281,  302 

Change  of  build  of  vessel 176 

master  of  vessel 176, 183 

name  of  vessel 162, 186 

owner  of  vessel 176, 183 

trade  of  vessel 179 

Charts  of  coast,  disposition  of 101 

Chesapeake  City,  Md. ,  vessel  documented  at 184 

Chicago  Harbor,  anchorage  grounds 317 

Chief  clerk.  Bureau  of  Corporations 27, 32 

Fisheries 153 

Immigration 394 

Labor 61 

Statistics 113 

the  Census 82 

Department  of  Commerce  and  Labor 23, 25, 32 


664  ALPHABETICAL    INDEX 

Page 

Chief  clerk,  Light-House  Board 79 

Steamboat-Inspection  Service 148 

of  Bureau  of  Manufactures 59 

Statistics 106 

Chinese,  agent 399 

appeal  in  exclusion  case 395 

assisting  immigration  of 409 

attending  expositions 399 

certificate  of  identification  of 397, 400, 401, 404, 407, 409 

citizenship  denied  to 409 

convention 396 

defined 409 

deportation  of 400,406,409 

excluded 396,399,406 

exclusion  from  Hawaii,  Porto  Rico,  and  Philippines 399, 400, 410 

United  States  via  Hawaii 410 

law 396 

administration  of,  transferred  to  Department  of  Com- 
merce and  Labor 29 

Commissioner-General  of  Immigration  to  administer.  29,  394 

procedure 406 

inspection  of 408 

laborers,  certification  of 397, 400, 401, 404, 407, 409 

excWded 407 

return  of 396 

transit  of 397 

habeas  corpus 400 

persons,  list  of 408 

unlawfully  in  United  States 400 

protection  of 397 

return  of  married 403,  404 

tourist 397,407 

warrant  for  arrest  of 403 

Cincinnati,  Ohio,  merchandise  destined  for 278 

Circuit  court  to  dispose  of  deceased  seaman's  effects 211 

Cities,  statistics  of,  by  Bureau  of  Labor 64 

the  Census 83 

Citizen,  definition  of,  as  seaman 189 

Citizenship  of  Chinese  prohibited 409 

master  of  licensed  vessel 159, 179 

ofl[icers  of  steam  vessels 146 

vessels  of  United  States 159, 188 

seaman 1 - 189 

Cleanliness  on  innnigrant  vessels 292 

Clearance  at  special  ports 281 

blanks  to  be  furnished 375 

fees 255 

ferryboat  exempt  from 272 

for  another  great  district 305 

form  of 254 

from  Philippines 255 

of  tug  on  Great  Lakes 301 

vessel 253 

on  Great  Lakes 300 


ALPHABETICAL   INDEX  665 


/ 


Clearance  restricted  1>y  mail  regulations 376 

within  great  district 303 

yacht  exempt  from 252 

Clerks ,  appropriation  for 32 

autliorized 25 

Bureau  of  Corporations , 27 

Manufactures 27 

transferred 29, 33 

Close  seasons,  fisheries 48 

Clothing,  disposition  of  seaman's  forfeited 213 

for  seaman 226 

of  seaman  exempt  from  attachment 206 

Coal  and  war  materials 221 

exempt  from  duty 273 

special  entry  of 270 

unlading  of 274 

Coast  and.  Geodetic  Survey '. 97-102 

debate  on  transfer  of 438,  444, 455-457, 477 

disbursements  bj'  field  parties 102 

law  pertaining  to 99 

location  of 23 

maps  and  charts,  disposal  of 101 

penalty,  damaging  surveying  stations 102 

small  stores  for  employees  of 100 

Coasting  trade 303 

Atlantic  and  Pacific,  shipping  articles  for 190 

between  Long  Island  and  Rhode  Island 308 

by  steam  vessels 116 

delivery  of  imported  merchandise  in 271 

engagement  of  seaman  in 195 

evasion  of  laws  of 297 

exempt  from  tonnage  tax 234 

foreign  merchandise  in 270 

tugboat  in 301 

vessel  barred  from • 297, 309 

•                                       niay  distribute  merchandise  in 309 

form  of  license  for 181 

manifest  of  licensed  vessel  in 307 

on  Lake  Michigan 301 

Mississippi  River  and  tributaries 307 

permit  of  vessel  engaged  in,  to  tout^h  at  foreign  ports 302 

report  of  entry  at  other  than  place  of  destination 308 

I  statistics  of 110 

touching  at  foreign  ports 302 

\vessel  enrolled  and  licensed  for 160 

fishing,  to  be  enrolled  and  licensed 253 

may  be  documented  by  surveyor 184 

registered  in 308 

via  Isthmus  of  Panama 311 

with  Alaska 236 

Guam 238 

Hawaii 237 

Philippines 237 

Porto  Rico 237 


666  ALPHABETICAL    INDEX 

Page 

Coastwise  vessel  subject  to  inspection  laws 116 

Cobb,  Mr.,  Ijill  introduced  by 19 

Cocliran,  Mr.,  speech  on  Senate  bill  569 570 

Cockrell,  Mr. ,  speech  on  Senate  bill  569 460,  502 

Cold  Spring,  N.  Y. ,  merchandise  destined  for 280 

vessel  may  be  documented  at 184 

Collector  of  customs 369,  372 

Deputy 370 

rei'ord  of  register  of  vessel  to  l)e  kept  by 173, 174 

regulations  imposed  on,  as  to  furnishing  statistics 108 

to  act  as  shipiiing  commissioner 159 

Collision,  rules  to  prevent 324 

Colorado,  establishment  of  subports  in 368 

Commerce  and  Finance,  a  secretary  of,  proposed  in  Constitutional  t'on vention .  7,  8 

Labor,  duties  of  Department  of,  in  House  report 541 

jurisdiction  of  Department  of 25 

name  of  Department  suggested  in  debate 496 

debated \ 526 

organic  acts  of  Department  of 24 

organization  of  Department  of 22 

Commerce  and  Labor,  Secretary  of: 

Census,  Bureau  of  the,  information  wanted  for,  from  other  Departments,   ' 

to  be  called  for  liy 94 

Coast  and  Geodetic  Survey,  employees  of,  may  be  detailed  to  Mississippi 

River  Commission  by 102 

maps  and  charts  of,  disposed  of  by 101 

preliminary  surveys  may  be  authorized  by . . .  102 
printing  of  notices  and  bulletins  to  mariners 

authorized  by 101 

report  to  Congress  of  expenditures  and  em- 
ployees of,  to  be  made  annually  by 101 

subsistence  to  army  and  navy  officers  in,  may 

be  allowed  by 100 

supplies  may  be  furnished  to  employees  of,  by .  100 

Commercial  information,  annual  report  of,  to  Congress  by Ill 

to  be  published  in  newspapers  selected  by  . .  .•. .  Ill 

Consular  officers  shall  furnish  current  prices  of  imports  to 112 

Corporations,  Bureau  of,  information  compiled  and  published  under  direc- 
tion of 50 

Customs  officers  to  be  furnished  blanks,  books,  and  stationery  by 375 

Fines,  penalties,  and  forfeitures,  remitted  or  regulated  by 30, 

175, 180, 214, 252,  262,  314,  315,  316 
Fisheries,  fur-bearing  animals,    except  fur  seals,   may  be  killed   under 

authority  of 44 

inspector  and  assistant  inspector  of,  to  be  appointed  by 48 

investigation  of  seal  life  in  Bering  Sea  and  on  Pribilof  Islands 

under  direction  of 151 

lease  to  kill  fur  seal  may  be  terminated  for  violations 46 

of  Alaska,  agents  to  be  appointed  by 46 

close  seasons  may  be  established  by 48 

Pribilof  Islands,  authority  to  land  on,  given  by 44 

lease  of  fur-seal  rights  on 45 

St.  George  and  St.  Paul  islands  regulated  by  . .  44 

regulated  by - 47, 48 

Immigration,  Bureau  of,  alien  can  be  deported  by 389 


ALPHABETICAL    INDEX  ()()7 

Commerce  and  Labor,  Secretary  of — Continued.  Page 

Immigration,  Bureau  of,  ( 'hinese  immigration  regxilated  l)y 399, 

402,  404,  405,  408 
Commissioner-General    of    Immigration    under 

supervision  of 394 

decision    as    to    exclusion   of    aliens,    ine'.udiug 

Chinese,  may  be  appealed  to : 395 

disposal  of  privileges  at  immigrant  stations  to  be 

ajijiroved  by 391 

immigrant  fund  to  be  used  under  direction  of . . .  382 
inspectors  and  other  employees  to  V)e  appointed 

by 390 

regulations  as  to  yn'ohibited  classes  of  innnigrants 

to  be  made  by 392,  393 

for  entry  and  insi^ection   of  aliens 
along  the  borders  of  Mexico  and 

Canada  to  be  approved  by 392 

with  transportation  companies  to  be 

made  by 382 

suspension  of  deportation  of  alien  to  be  approved 

by - 388 

jurisdiction  of,  over  bureaus 30 

Light-House  Board,  contracts  and  security  of,  to  be  approved  l)y 70 

estimates  of  expenses  of,  shall  be  furnished  to 67 

ex-ofRcio  president 66 

land  may  be  condemned  upon  application  of 74 

lights  discontinued  and  reestablished  by 74 

may  be  convened  by 66 

partial  payments  on  contracts  of,  may  be  made  by . . .  70 

property  of,  may  be  sold  or  leased  l)y 73 

publications  to  be  authorized  by 77 

regulations  of,  to  be  approved  by 67 

salaries  of  light-house  keepers  regulated  l)y 71 

sites  for  lights  to  be  acquired  by 73 

surveys  for  light-houses  authorized  by 72, 102 

under  superintendence  of 66 

Navigation,  Bureau  of,  anchorage  grounds  to  be  established  and  regulated 

by 317,358 

customs  officers  to  be  furnished  blanks,  books,  and 

stationery  by 375 

Deputy  Commissioner  to  be  designated  by 157 

fees  of,  regulated  by 239 

fines,  penalties,   and  forfeitures  to  be  remitted  or 

regulated  by 30, 

175, 180,  214,  252,  262,  312, 314, 315, 31 6 
,  lines  dividing  high  seas  from  inland  waters  to  be 

defined  by 344 

report  of  Commissioner  of  Navigation  to 156 

reports  of  boarding  officers  concerning  crew  list  to 

be  received  by 195 

rules  to  prevent  collision  to  be  approved  by..  337,342,352 
seaman,  allotment  schedules  of  wages  to  be  ap- 
proved by 205 

regulations  as  to,  authorized  by 191 

shipping  articles,  stipulations  in,  authorized  by 191 


r)()8  ALPHABETICAL    INDEX 

Commerce  and  Labor,  Secretary  of — Continued.  Page 

Navigation,  Bureau  of,  shipping  oounnissioner,  accounts  of,  to  be  rendered 

to 157 

otRces,  furniture,  ]>rintiug, 

etc.,  provided  by 158 

to  be  appointed  l)y 157 

vessel  Iwarding  regulations  to  be  prescribed  by. . .       259 
cargo  to  be  discharged  at  places  designated 

by .' 270 

change  of  name  to  be  regulated  and  pul)- 

lislu"<l  })y 156,  l(i2 

clearance  to  be  regulated  by HOI 

coasting  and  fishing,   may  be  documented 

i;nder  authority  of 184,2.53 

consul's  report  of,  to o59 

fees  for    readmeasurement  of    deductions 

from  gross  tonnage  regulated  by 1 70 

forms  of  manifests,  oaths,  and  certificates 

of  clearance  regulated  by 302 

innnigration,  reports  of,  to 295 

in  trade  between  United  States  and  its  non- 
contiguous territory  regulated  by 255 

Lake  Mii-higan  coasting,  regulated  by 301 

measurement,  regulations  as  to,  under  di- 
rection of 170 

Porto  Rican.  regulations  of,  to  be  approved 

by ' 237,255 

registers  granted  to  foreign-built,  by 250 

registry,  blank  certificates  of,  to  l)e  pro- 
vided by 174 

regulations  of,  established  by 1B2,  255 

tolls,  discriminating,  regulated  by 249 

transfers  from  foreign  to  domestic,  regu- 
lated by I.-       298 

Avith  products  of  Canada,  New  Brunswick, 
Nova  Scotia,  Newfoundland,  or  Prince 
Edward  Island  permitted  to  lade  or  un- 
lade in  United  States  by 303 

yachts  may  be  licensed  by 252 

Yukon,  Porcupine,  and  Stikine  rivers,  transporta- 
tion regulated  by 309 

nintli  member  of  Cabinet 12 

Pribilof  Islands,  authority  to  land  on,  may  be  given  only  by 44 

Commissioner  of  Fish  and  Fisheries  to  investigate  seal  life 

"on,  under  direction  of 151 

lease  of  right  to  take  fur  seals  on,  shall  be  made  by 45 

regulations  as  to  maintenance  and  education  of  natives  of, 

to  be  made  by 46 

of  St.  George  and  St.  Paul  islands  to  be  made 

by 44 

See  also  Pribilof  Islands. 

property,  and  library  expenditures  of  Department  in  charge  of 27,  29 

report  to  Congress,  annual  and  special 29, 11 1 

Standards,  Bureau  of,  expenditures  of,  under  supervision  of 417 

fees  of,  to  be  approved  by 417 


ALPHABETICAL    INDEX  669 

Commerce  and  Labor,  Secretary  of — Continued.  Pase 

Standards,  bureau  of,  oHicerHiind  eiuployeesof,  except  Director,  appointed 


i>y 


417 


regulations  concerning,  to  be  made  ))y 417 

visiting  committee  to,  appointed  ])y 417 

statistical  work  to  be  rearranged,  consolidated,  and  pul)lislied  liy 26 

Statistics,  Bureau  of,  annual  reports  from,  to  Congress,  by 107,  111 

of,  under  direction  of 106, 107, 110,  111 

commercial  information  from  consuls  to Ill,  112 

consular  reports  to  be  printed  by Ill 

of  corporations  to  l.'e  compiled  and  published  under  direction  of.  50 
Steamboat-Inspection  Service,  c-opies  of    law  to  be  furnished  passenger 

steamers  by 142 

employees  of,  to  be  paid  by 145 

equipments  of  steam  vessels  to  be  approved 

by 142 

inspection  of  foreign  vessel  under  direction 

of 148 

inspectors  to  be  appointed  by 120 

instructions  as  to  expense  accounts  of  in- 
spectors to  be  given  by 121 

instruments,  stationerv,  eti-. ,  to  1  )e  furnished 

by 1 134 

license  for  use  of  petroleum  in  production 

of  motive  power  may  be  granted  by . . .  137, 138 
regulations  as  to  shipi^ing  petroleum  to  be 

approved  by 137 

to  be  made  by 135 

supervising  inspector-general  under  super- 
vision of 117, 118, 120 

Commerce  and  Labor,  similar  departments  in  other  countries 536 

Bureau  of  Foreign.     Si'i-  Foreign  Commerce,  Bureau  of. 

with  acquisitions 236 

contiguous  countries 296 

See  also  Coasting  trade. 

Commercial  agencies,  list  of 377 

attaches  proposed 20 

Company  of  Alaska 45 

conventions,  an  executive  department  requested  by 11 

reports,  publication  of 113 

Commission,  Mediation 63 

Commissioner  of  Corporations,  duties  and  powers  of 49 

procedure  before 56 

salary  of 32,  49 

Fish  and  Fisheries 151, 152 

transferred  to  Department  of  Commerce 

and  Labor 26 

-General  of  Immigration,  authorized 394 

duties  of 389 

transferred  to  Department  of  Com- 
merce and  Lal)or 26 

of  Immigration 395 

Labor '31,62 

chief  clerk  to  act  in  absence  of 61 

transferred  to  Department  of  Commerce  and  Labor. .  26 


670  ALPHABETICAL    INDEX 

Page 
Commissioner  of  Navigation 157 

transfer  to  Department  of  Commerce  and  Labor.  26,  30 

Railroads,  debate  on  transfer  of 430,  435 

shipping.     See  Shijiping. 

See  also  Deputy  Commissioner. 

Committee  on  Agriculture,  bill  introduced  by 18 

Complaints  to  Bureau  of  Corporations 53,  54 

under  steamboat-inspection  law 118 

Condemnation  of  land 74 

Conference  report  on  Senate  bill  569 637 

Congressional  Record  for  Bureau  of  Labor 64 

Constitutional  Convention,  Cabinet  proposed  in 8 

Consul  fees,  how  payalile 360 

foreign,  not  to  return  register  until  clearance  granted 257 

naval  offii-er  to  act  as ! 360 

not  to  be  interested  in  supplies  to  seaman 360 

required  to  make  commercial  report 27 

for  Bureau  of  Statistics Ill,  112 

service  of,  to  vessel 359 

to  act  as  shipping  commissioner 193 

furnish  master  with  statement  of  services 257 

report  wreck  abroad 313 

Consular  officers,  Chinese,  not  excluded 397,  399,  406,  409 

shall  furnish  current  prices  of  imports  to  Secretary  of  Com- 
merce and  Labor 112 

reports,  debate  on 435, 453 

through  Secretary  of  State 30 

services,  statement  of 257 

tonnage  charges 236 

Consulates  of  United  States,  list  of 377 

Contig-uous  countries,  commerce  with 296 

Contingent  expenses 32 

Contract  labor  excluded 383,  394, 395 

Contracts  of  Light-House  Board 70 

seaman.     See  Shiijping  articles. 

Convention  of  Chinese  exclusion 396 

Cooly  trade 410 

Corliss,  Mr.,  speech  on  Senate  bill  569 566,590 

Corporal  punishment  prohibited 214 

Corporations,  American,  may  own  vessel 159 

Bureau  of 49 

appropriation  for 32 

debate  on 543,  608-617,  629,  646-656 

location  of 23 

penalty.     See  Penalty. 

Commissioner  of 49 

Deputy  Commissioner  of 49 

enrollment  and  license  of  vessels  of 182 

officer  or  agent  of,  liable  to  conviction 58 

register  of  vessels  to 175 

statistics  of,  to  be  compiled  and  published 50 

Cortelyou,  George  B 22,23 

Costs  and  fees,  Bureau  of  Corporations 55, 56 

of  prosecution  in  seizure  of  merchandise 264 


ALPHABETICAL    INDEX  671 

Page 

Cotton  or  hemp  carrieil  l)y  steam  vessels 137 

statistics,  census 84 

Counterfeit  of  marine  documents 188 

stamjiing  of  boiler  plates 126 

Court,  i-ircuit,  to  dispose  of  seaman's  effects 211 

Court,  reports  of  decisions  of,  to  I>e  paid  for  out  of  immigrant  fund 382 

Cox,  Mr.,  bill  introduced  by 15 

Crew  accommodations 167 

list 194 

papers  relating  to 194 

See  also  Seaman. 

Crimes 244 

on  Great  Lakes 246 

high  seas,  place  of  trial 244 

steam  vessels 144 

Criminal  innuigrant  prohilnted 383 

Crimping,  demanding  remuneration  for  jiroviding  seaman  with  employment."  205 

Cruelty  to  seaman 200,  244 

Crumpacker,  Mr, ,  speech  on  Senate  bill  569 595 

Cuba,  citizens  of,  cxemi^t  from  head  tax 382 

Current  prices  of  imports  to  be  furnished  by  consul 112 

Customs  and  currency  laws,  effect  of 62 

districts,  ports,  and  subports,  list  of 361 

inspector 284 

laws  directly  relating  to  vessels 259-268 

officers - 369 

duties  concerning  inspection  of  vessels 142, 143 

fees  upon  which  compensation  of,  is  based. 241 

D 

Damaging'  public  works 76 

vessels  or  cargo,  penalty  for  seaman's 213 

Dangerous  articles,  mode  of  packing 138 

not  to  be  carried  on  passenger  steamers 136 

shii^ment  of 138 

Date  of  taking  effect  of  organic  law 31 

Davis,  Mr. ,  speech  on  Senate  l)ill  569 562 

views  of,  on  Senate  bill  569 547 

Davis,  Senator,  bill  introduced  by 15 

Day,  defined : 283 

De  Armond,  Mr. ,  speech  on  Senate  l)ill  569 592,  622 

Death  of  passenger 294 

to  be  entered  in  log  book 227 

Debate  in  House  of  Representatives  on  Senate  bill  569 548-636 

Senate  on  Senate  bill  569 427-529 

Deceased  seaman,  effects  of 209 

Decennial  Census  statistics 83,  86 

Decisions  of  courts,  reports  of,  paid  for,  out  of  immigrant  fund 382 

Deductions  from  net  tonnage 168 

Definition  of  Chinese  laborer 402,  409 

citizen  seaman 189 

day 283 

home  jiort 172 

master 188 


672  ALPHABETICAL    INDEX 

Page 

Definition  of  merchandise 2(58 

inerchant  Cliinaiiien 407 

ill  Chinese-t'xc-ln8ion  law 402 

net  or  registered  tonnage 169 

officers 14() 

owner 189 

port 268 

railroad  and  transportation 50 

seaman 188 

smuggling 26") 

steam  vessel 115 

ton - -- 164 

tonnage  deck Kio 

United  States 392 

vessel  of  United  States 159 

Delivery,  list  of  ports  of 361 

Department.     I^ce  aho  name  ( )f . 

"Department  of  Commerce  and  Labor"  first  suggested  as  name  in  debate. .       496 

moved  as  name  in  debate 527 

adopted  as  name  in  tlebate 528 

/S'ct'  ((/.so  Commerce  and  Labor. 
Department  of  Labor.     See  Labor,  Bureau  of. 

Departments,  information  from  other,  for  Census 94 

Deportation,  cost  of 409 

of  aliens 388,  389,  392,  395 

order  of 402 

Chinese 400,  406,  409 

cost  of 409 

order  of 409 

Depositions,  Bureau  of  Corporations 49 

Deputy  Collector  of  Customs 370 

Commissioner  of  Corporations 49 

salary  of 27,  32 

Fish  and  Fisheries 152 

Navigation 157 

Desertion 1 98,  206,  21 2 

Destitute  seaman 202,  208 

Dingley,  Mr. ,  liills  introduced  1)y - 16 

Diplomatic  and  consular  Chinese  officers  not  excluded 397,  399,  406,  409 

Director  of  Bureau  of  Standards 417 

the  Census 82 

debate  on  salary  of 603 

duties  of 87,  88,  89 

Disbursing  clerk.  Bureau  of  the  Census 82 

Department  of  Commerce  and  Labor,  law  authorizing 25 

location  of 23 

salary  of 32 

Discharge  of  seaman 158, 199,  200 

Discipline  on  immigrant  vessel 292 

Discrimination  against  American  vessel 246 

and  retaliation 246  -250 

on  Canadian  canals —       248 

Discriminating  duties 249 

tonnage  taxes 234 


ALPHABETICAL    IJiTDEX  678 


Page 

Diseased  aliens 385,  392 

Disobedience  of  seaman,  ])enality  for 212 

Distilled  spirits.     Sec  Litiuor. 

Distress,  unlading  vessels  in 283,286' 

See  rt/.s'o  Stress  of  weather. 
District.     See  Great  District. 

Districts,  light-house 67 

list  of  c-ustonis 361 

without  steamboat  insj^ectors 118, 133 

Dock  charges  in  Alaska 316 

Documents  of  vessels 171, 188 

"Domestic  Affairs,  Secretary  of,"  proposed 8 

Commerce 303 

Dominion  of  Canada.     See  Canada. 

Doolittle,  Mr. ,  bill  introduced  1  )y 18 

Draft  of  registered  vessel  to  be  marked 163 

Drawback 271 

Drunkenness,  penalty  for  seaman's 214 

Dubuque,  Iowa,  merchandise  destined  for 278 

Dunham,  Mr. ,  bills  introduced  by 16, 17 

Duration  of  license  of  vessel 182 

Dutiable  articles,  statistics  of,  by  Bureau  of  Lalior 62 

Duty  discriminating 250 

on  immigrants 382 

Dyewoods,  unlading  of 274, 285 

Dynamite.     *SV('  Explosives. 

E 

Edgecomb,  Me. ,  merchandise  destined  for 280 

Effects  of  deceased  seaman 209 

Ela,  Mr.,  mentioned  in  debate 553 

Elkins,  Mr. ,  speech  on  Senate  bill  569 501 

Employees,  Bureau  of  Corporations; 32,  49 

Fisheries 153 

Immigration 394 

Labor 61 

Manufactures 59 

Standards 416,  417 

Statistics 26,113 

the  Census 82,  85,  86,  92 

Trade  Relations 30 

Coast  and  Geodetic  Survey 102 

Departmental,  transferred 29,  33 

list  of,  in  debate 446 

Light-House  Board 77 

Steamboat-Inspection  Service 148 

Engineer  Corps,  Light-House  Board  to  employ 68 

disljursements  by,  of  Light-House  Board 69 

licensed,  of  steam  vessels 132 

qualifications  of  licensed 129 

to  be  officer  of  vessel 188 

Enrolled  and  licensed  vessel 1 60 

vessel  in  foreign  trade ■. 255 

Enrollment  and  license 161,  180,  182,  184 

27628—04 43 


674  ALPHABETICAL    INDEX 

Page 

Enrollment  change  to  register 179 

form  of 180 

of  vessel  navigating  waters  on  northern  frontier  of  United  States.  160 

on  Great  Lakes 299 

qualifications  for 180 

steamboat  to  be  inspected  before 143 

Entry  and  clearance 253 

before  delivery 269 

bond  with 272 

ferryboat  exempt  from 272 

in  Philippines 238 

of  merchandise 268 

at  special  ports 277 

tug  on  Great  Lakes 301 

vessel 269 

in  coasting  trade  at  other  than  port  of  destination 309 

on  Great  Lakes 300 

owner's  oath  on 256 

ports  of 268 

list  of 36 1 

preliminary,  of  vessel 282 

report  of 271 

restricted  by  mail  regulations 376 

to  another  great  district 306 

vessel  exempt  from 272 

within  great  district 304 

Enumerators,  Census,  accounts  of 89 

commissioned  l:)y  supervisor 90 

compensation  of '. 91 

duties  of 90 

employment  of 89 

removal  of 91 

traveling  expense  of 91 

Enumeration,  time  of  taking  census 92 

Equipment  for  security  of  life  on  steamers  to '  be  approved  b,v  Secretary  of 

Commerce  and  Labor 142 

of  vessels  exempt  from  duty 273 

Errors,  in  documents  of  vessels  may  l)e  immaterial 268 

Esquimaux.     See  Indian. 

Estimate,  annual,  Alaskan  fisheries 48 

Bureau  of  Fisheries 152 

the  Census 85 

Light-House  Board 67,  69 

to  be  submitted  l)y  Department  of  Commerce  and  Labor. .  33 

Evansville,  Ind. ,  merchandise  destined  for 278 

Excluded  immig-rants 383,  394 

Exclusion,  Chinese,  duration  of 398 

reenacted 399 

See  also  Chinese. 

Excursion,  special  permit  for  steam  vessel 1.35 

steamer 135 

Exemption  of  vessels  from  charges 273 

measurement 170 


ALPHABETICAL    INDEX  675 

Page 

Expediting^  certain  cases 59 

Expenditures  allowed  the  Department  of  Commerce  and  Labor 29 

Expense  and  salaries  of  Steamboat  Inspection  Service IL'l,  134 

of  Commissioner  of  Corporations 56 

vessels  of  Light-House  Establishment 69 

Explosion,  liability  in  case  of 142 

penalty  in  case  of 144 

Explosives,  license  to  carry  gunpowder 123 

not  to  be  carried  on  passenger  steamers 136 

penalty  for  carrying  gunpowder  or  passengers  contrary  to  law^ . .  124 

penalty  for  carrying  nitroglycerin 138 

regulation  by  States  of  traffic  in 143 

transportation  of 293 

Exports  and  imports,  monthly  summary  of 113 

inspection  of - 271 

of  bullion  and  coin 255 

Expositions,  attendance  of  Chinese  upon 399 

Extra  wages  of  seaman.     See  Wages. 

E 

Failure  to  join,  seaman's 212 

produce  crew 194 

Fair,  attendance  of  Chinese  upon 399 

Feed  and  connecting  pipes  of  steam  vessels 127 

Fees,  Bureau  of  Standards 417 

certain,  abolished 145,239-244 

Chinese  exclusion 403 

for  copying  mortgage  or  bill  of  sale  of  vessel 178 

enrollment  and  license  of  vessels 180 

inspection  of  foreign  steam  vessels 116 

list  of,  at  ports  on  Atlantic,  Pacific,  and  Gulf  coasts  and  western  rivers. .  242 

northern,  northeastern,  and  northwestern  frontiers..  243 

of  consul  for  service  to  vessel 359 

in  British  America.. 360 

witness,  Bureau  of  Corporations 53 

Steamboat-Inspection  Service 145 

steamboat  inspector,  penalty  for  receiving  illegal 145 

to  be  posted  in  custom-houses 372 

vessel  exempt  from 161. 

Felony,  misprision  of 245 

Ferryboat,  change  of  master  of 183 

exempt  from  entry,  clearance,  and  manifest 272 

lights  on 337 

steam,  to  be  inspected 124 

Field  work  by  census  clerks 85 

Filibustering- 319 

Findings  of  Bureau  of  Corporations 54, 55 

Fine,  imposed  {see  also  Penalty  and  Forfeiture) 264 

procedure  in  case  of 263 

remission  or  regulation  of 30, 175, 180,  214,  252,  314,  315,  316 

Fire  apparatus,  inspection  of,  on  steam  vessels 122 

required  on  steam  vessels 136, 139 

arms.     See  Arms  and  Ammunition. 

liability  in  case  of  on  vessel 142, 229 

precautions  against 135 


676  ALPHABETICAL    INDEX 


Fish  and  Fisheries,  Commissioner  of,  to  be  aided  by  heads  of  Executive 

Departments  (.srf  o/so  Fisheries,  Bureau  of) 151 

Deputy  Commissioner  of 152 

Fish.  Commission.     See  Fisheries,  Bureau  of. 

Fisheries,  agreement  and  shipment  of  seamen  in 192, 196 

Alaskan 35-48 

debate  on  transfer  of 550 

Bureau  of 149-153 

debate  on  transfer  of 510 

Bureau  of,  distribution  of  specimens 153 

location  of *. 23 

scientific  research  to  be  afforded  by 153 

transferred  to  Department  of  Commerce  and  Labor 26 

discrimination  in 248 

exempt  from  tonnage  tax 234 

form  of  lii-ense  for 181 

Hawaiian,  investigation  of 151 

permit  to  touch  and  trade  in 256 

qualifications  for  vessel  in 160,  310 

revenue  marine  to  aid  in  investigation  of 152 

seal,  enforcement  of  law  of 43,  44 

vessels  engaged  in,  may  be  documented  by  surveyor 184 

enrolled  and  licensed  for 160 

Fishing  vessel,  crew  of 125, 193, 197 

exempt  from  forecastle  law 167 

Flogging  of  seamen  prohil)ited 214 

Florida,  establishment  of  subports  in 369 

wreck  in  waters  of 313 

Fog  signal 331,  339,  349,  356 

Food,  Hvale  of,  for  seaman 217 

Foran,  Mr.,  bill  introduced  by 16 

Forecastle  regulations 122, 167 

Foreign  Affairs,  change  of  name  of  Department  of 10 

Commerce,  Bureau  of,  debate  on  transfer  of 435,  453,  462-491 

History  of 104 

transferred  to  Department  of  Commerce  and 

Labor 26 

See  also  Statistics. 

growth  of,  in  debate  . : 535 

labor  reports 63 

statistics 62 

passenger  steam  vessels,  provisions  and  requirements  as  to 115, 116 

ports,  inspection  of  seaworthiness  of  vessels  in 223 

seaman,  desertion  of,  in  United  States 206 

trade,  discharge  of  seaman  in 199 

forfeiture  of  enrolled  vessel  engaged  in 255 

tugboats 310 

vessel,  barred  from  coasting  trade 309 

inspection  of 115 

under  direction  of  Secretary  of  Commerce  and 

Labor 148 

measurement  of 170 

not  assimilated  by  treaty  to  American  vessel 249 

on  coasting  voyage 309 


ALPHABETICAL    INDEX  677 

Page 

Foreign  vessel,  to  unlade  at  port  of  entry 268 

water,  wrecks  in 313 

Forfeiture,  exemption  from 263 

not  incnrre<l  for  substantial  compliance  with  form 268 

of  enrolled  vessel  for  engaging  in  foreign  trade 255 

fishing  vessel  for  carrying  foreign  cargo _. 256 

merchandise  illegally  unladed 284 

not  manifested 275 

vessel  and  merchandise 311 

for  false  oath  of  agent  or  owner 171, 173 

illegal  change  of  name 162 

under  fraudulent  register 187 

without  manifest  on  Great  Lakes "...       297 

procedure  in  case  of 263 

remission  of  {see  also  Fine,  remission  or  regulation  of) 314 

Forgery 246 

of  certificate  of  Chinese  laborer 403, 405 

certificate  of  Chinese  tourist 408 

marine  documents 188,  246 

Form,  of  certificate  of  registry 173 

enrollment  and  license 180 

record  of  American-built  vessel  owned  by  alien 185 

schedules  filed  with  Biireau  of  Corporations 51 

Freight.     See  Merchandise. 

Freight  boat,  inspection  of , 124 

Frye,  Mr.,  bills  introduced  by 16,18,19,20 

Fuel,  use  of  liquid,  on  steam  vessels - 137 

Fuller,  H.  R.,  letter  from,  in  debate 522 

mentioned  in  debate 556, 564 

Functions.     »SV('  Province. 

Fur-bearing  animals,  regulations  in  regard  to 43 

-seal  fisheries 35-48 

Furniture,  appropriation  for ._ 32 

in  charge  of  Secretary  of  Commerce  and  Labor 29 

transferred 27 

Furuseth,  Mr. ,  mentioned  in  debate 553 

G 

Gaines,  Mr.,  speech  on  Senate  bill  569 558,618 

Galena,  111. ,  merchandise  destined  for 278 

Gallinger,  Mr. ,  speech  on  Senate  bill  569 476 

Gardner,  Mr. ,  speech  on  Senate  bill  569 593,  615 

Garfield,  Jas.  A. ,  rejiort  of  Census  Committee  of  the  House 79 

Garfield,  James  Rudolph,  appointed  Commissioner  of  Corporations 22 

General  average 229 

Geological  Survey,  debate  on  transfer  of 430-432,  440,  486,  517 

Gibson,  Mr. ,  bill  introduced  by 21 

Gompers,  Samuel,  letter  of,  in  debate 478 

Gooch,  Mr. ,  speech  on  Senate  bill  569 635 

Grand  Army  of  the  Republic,  raising  of  flag  by 22 

Great  District 303 

clearance  for  another 305 

entry  within .304 

ofAlaaka 236 


678  ALPHABETICAL    INDEX 

Page 

Great  District  of,  Hawaii 237 

Porto  Rico 237 

Great  Lakes,  agreement  of  seaman  employed  on 192 

crimes 246 

engagement  of  seamen  on 195 

entry  and  clearance  of  vessel  on 300 

foreign  trade  on 302 

inward  manifest  for  trade  on 297 

passengers  on 301 

penalty  for  violating  navigation  laws  of 298,  302 

reciprocal  wrecking  privileges  on 313 

vessels,  duties  on  repairs  of 299 

exemjit  from  charges  on 273 

stores  on,  exempt  from  charges 298, 299 

Greenport,  N.  Y. ,  merchandise  destined  for 280 

Grinnell,  Mr. ,  1  )ill  introduced  by 13 

Gross  tonnage 164 

Grosvenor ,  Mr. ,  speech  on  Senate  bill  569 593 

Guam,  trade  with 238,255 

Guano  Islands 320 

Gunpowder.     See  Explosives. 

H 

Habeas  corpus,  Chinese  persons 400 

Hamilton,  Alexander,  at  Annapolis  Convention 8 

first  Secretary  of  Treasury , 9 

in  Federalist 8 

Hanna,  Mr. ,  speech  on  Senate  bill  569 497 

Harbors,  rules  of  road  in 335 

to  which  inland  rules  apply 344 

Harter  Act 230 

Hatch,  Mr. ,  bills  introduced  by 17 

Hawaii,  census  of 88 

Chinese  immigration  prohibited  in 399, 400, 410 

establishment  of  subports  in 369 

fisheries  of,  to  be  investigated 151 

labor  statistics  of 63 

law  in  regard  to  vessels  extended  to 237 

of  United  States  made  applicable .,  148 

manifest  in  trade  with 255 

preliminary  entry  of  vessel  in 282 

registry  of  vessel  in  trade  with 237 

regulations  as  to  vessels  of 237 

return  of  destitute  seamen  from 208 

Hayes,  John  W. ,  letter  from,  in  debate 520 

Head  tax  not  repealed 28 

on  innnigrants 382 

Heitfeld,  Mr.,  bill  introduced  by 21 

Helpless  alien  with  companion 385 

Hemp  or  cotton  on  board  steam  vessels 137 

Hepburn,  Mr. ,  bill  introduced  by 20 

speech  on  Senate  bill  569 577 

Hides,  imladmgof 274,285 

History  and  law  of  each  Bureau.     See  Contents,  p.  5. 

Hitchcock,  Frank  H. ,  chief  clerk 22 


ALPHABETICAL    INDEX  679 

Page 

Hoar,  Mr.,  bills  introducod  by i;^,  14 

' '  Home  Department,"  President  Madison  recoinmendM 10 

Home  port,  detiuitiou  of 172 

to  be  marked  on  vessel 162 

See  also  Port  and  Ports. 

Hopkins,  Mr. ,  bill  introduced  by 16 

Hospital  Corps,  members  of  Naval,  to  j)rovide  hospital  service  on  vessels  of 

Bureau  of  Fisheries 153 

service  to  Coast  and  Geodetic  Survey 102 

See  also  INIedical. 

Hospitals  for  seamen 71 ,  233 

Houston,  Tex. ,  merchandise  destined  for 277 

Hudson  County,  N.  J. ,  vessels  documented  at  Jersey  City 184 

Hulls,  inspection  of 122 

Hydrographic  Ofla.ce,  mentioned  in  debate 444 

I 

Ice,  unlading  obstructed  by 287 

Illegal.     Sec  Penalty. 

Ill  treatment  of  crew 200,  244 

Immediate  transportation  jiorts 367 

Immigrant,  assisted 1 383 

classes,  prohibited 383,  385, 392 

deportation  of 388,  389, 392 

fund '. 382 

head  tax  on 28,  382 

inspector 390 

inspection  of 387,  392 

landing  of 388, 405 

manifest  of 385 

naturalization  of 393 

officer,  appointment  of 390 

police  control  of 392 

ships : 288 

inspection  of 294 

stations,  jurisdiction  of 392 

to  be  reported  by  master  to  Secretary  of  Commerce  and  Labor. .       295 

Immigration,  Bureau  of 381-412 

debate  on  transfer  of 444 

history  of 381 

location  of 23 

penalty.     See  Penalty. 

quarters  for 34 

transferred  to  Department  of  Commerce  and  Lalior.  26,  28 

boards  of  inquiry 385,  390 

laws  to  be  jiosted  Ijy  steamship  companies 395 

of  Chinese.     See  Chinese. 

skilled  laborer 402,  410 

officer,  appointment  of 390 

inspection  by 387 

privileges,  sale  of 391 

.restriction  of,  debate  on 580, 587 

suspended  for  quarantine  purposes 395 

through  Canada  or  Mexico 392 


680  ALPHABETICAL    INDEX 


Immunity  to  testifying  witness 58 

Impairing  public  ■works 76 

Imports  and  exports,  monthly  summary  of 113 

Indians,  sealing  privileges  aecorded  to 38,  40,  41,  42,  44 

Industrial  growth  mentioned  in  debate 534 

Inflammable  cargo 134, 136, 144 

Informer' s  award 265 

Injunction  to  aid  Bureau  of  Corporations 55 

Injuring-  public  works 76 

Inland  rules  to  prevent  collisions 335 

Inquiries  comprehended  in  Census 87 

limited  in  Census 84 

Insane  immigrant  prohibited 383 

Inspection,  annual  and  occasional,  of  steam  vessel 122 

appeal  in  cases  of  steamboat 132 

enrollment  and  license 185 

of  boiler 122 

plates 123,126 

gas,  naphtha,  electric  launches 124 

hulls,  accommodations  for  passengers  and  crew,  tire  and  life- 
saving  appliances 122 

immigrant  ship 294 

passenger  steam  vessel 135 

provisions  and  water 224 

registered  foreign-liuilt  vessel 148 

steam  vessel 115 

tugboat  and  freight  boat ^ 124 

Inspector,  duties  of  customs 284 

immigrant 389 

light-house 68 

of  fisheries 48 

Inspector-General,  Supervising,  steamboat 117 

Inspectors,  steamboat 117-124 

assistant  to  be  appointed   by  Secretary  of  Commerce 

and  Labor 1 20 

board  of  supervising,  meeting  and  assignment  of  dis- 
tricts    117 

bond  of 134 

local,  number  and  salaries  of 119, 120 

qualifications  and  appointment  of 121 

penalty  for  false  certificate  of 124 

salaries  and  expense  of 134 

supervising 117, 118, 119 

annual  report  of 118 

appeal  to 1 32 

regulation  by 119 

to  investigate  conduct  of  officers 132 

what  persons  are  ineligible  as 121 

Institutions,  Census  enumerators  of 91 

Instruments,    stationery,  etc. ,  for  steamboat  inspectors 134 

Insurance,  Bureau  of,   mentioned  in  debate 542, 

559,  567,  568,  579,  589-595,  605,  613,  618-620,  624 

in  Treasury  Department,  proposed 20 

statistics  of,  by  Bureau  of  Corporations 50 


ALPHABETICAL    INDEX  681 

Page 

Interior  Department  establislied 10, 428 

International  arrangements  for  protection  of  seals , 39 

Commerce,  Bureau  of,  proposed 16 

rules  to  prevent  collisions 324 

Interpreter,  Census 91 

Interstate  Commerce  act  applical)le  to  Bureau  .of  (^nrjKirations 50 

Commission,  chairman  of,  on  Mediation' Commission.         63 

debate  on  transfer  of 497, 

501,511,514-516,528,621 

establishment  of 12 

powers  of,  given  to  Bureau  of  Corpora- 
tions           49 

Investigation  of  complaints  of  violations  of  steamboat-inspection  law 118 

Inward  manifest 274,  297 

comparison  of  merchandise  with 282 

post  entry  to 286 

vessel  on  Great  Lakes 297 

Irrigation,  Census  statistics  of ^. 85 

Irondequoit  Bay,  N.  Y. ,  steam  vessels  on 146 

J 

Jeffersonville,  Ind. ,  merchandise  destined  for 281 

Jersey  City,  N.  J.,  enrollment  and  license  of  vessels»at .• 184 

Jones,  John  Paul,  recommends  Ministry  of  Commerce 9 

Jurisdiction  of  courts  in  immigration  cases 391 

Light-House  Board 67 

Secretary  of  Commerce  and  Labor  over  Bureaus 30 

Justice,  Department  of,  duties  of,  to  Light-House  Board 72 

estal)lished 8, 423 

statistics  and  scientific  work  of,  may  be  transferred 

from 31 

K 

Kansas  City,  Mo. ,  merchandise  destined  for 278 

Kennebec  River,  anchorage  grounds  for  vessels  in 317 

Keokuk,  Iowa,  merchandise  destined  for 278 

Killinger,  Mr. ,  bill  introduced  by 13 

Kimball,  Judge  I.  G. ,  address  by 22 

Kittery,  Me. ,  merchandise  destined  for 280 

li 

Labor,  Bureau  of 60-64 

debate  on  transfer  of 459, 

478,  491-527,  539,  552,  554-558,  562,  570-589 

establishment  of 11,  61 

scope  of 61 

transferred  to  Department  of  Commerce  and  Labor 26 

work  of,  mentioned  in  debate 554 

controversies  investigated  by  Bureau  of 62 

Dejiartment  of.     See  Labor,  Bureau  of. 

Iiaborer,  Chinese,  defined , 402,  409 

contract,  excluded 383,  394,  395 

Lake  Champlain,  clearance  on 281 

entry  of  merchandise  on 302 


082  -  ALPHABETICAL    INDEX 


Lake  Michigan,  coasting  trade  of 301 

See  Great  Lakes. 

Lamb,  Mr. ,  bill  introduced  by 16 

Land  and  property  of  Light-House  Board  may  be  sold  by  Secretary  of  Com- 
merce and  Labor 73 

condemnation  of 74 

purchase  of,  for  light-houses 71-7-4 

Landing-  Chinese,  penalty.^ 405,  406 

Launch,  inspection  of 124 

Law  and  history  of  each  Bureau.     See  Contents,  p.  5. 

made  applicable  to  Department  of  Commerce  and  Labor ■         29 

of  Chinese  exclusion  not  affected  by  immigration  law 1 392 

Lay  shipment  in  fisheries , 197 

Lease  of  seal  rights * 35 

authority  for 45 

may  be  terminated 46 

Leavenworth,  Kans. ,  merchandise  destined  for 278 

Legislative  history  of  Senate  bill  569 419 

Legislation  proposing  new  Department 13-21 

Lessees  of  seal  rights  must  be  citizens 45 

Letters  and  mail  on  board  vessels 375 

Liability  in  case  of  explosion,  fire,  or  collision 142 

of  owner,  master,  or  shipper 228 

Libel 232, 264 

Liberty,  Statue  of,  jurisdiction  over  light  in,  transferred  to  War  Department.         77 
Library  of  Department  of  Commerce  and  Labor,  expenditures  of,  in  charge 

of  Secretary  . 29 

location  of 23 

License  and  register  denied  to  steamboat  until  law  complied  with 143 

form  of 181 

for  use  of  petroleum  in  production  of  motive  power 137 

of  officers  of  steam  vessels 128, 132, 146 

renewal 131 ,  146 

suspension  or  revocation  of 131, 147 

vessel,  duration  of *     182 

for  seal  fisheries 40,  42 

renewal  of,  while  at  sea : 310 

under  20  tons 161,180 

See  also  Enrollment. 

Licensed  and  enrolled  vessels 160 

officer.     See  Officer. 

persons  to  be  listed 119 

Lien  by  l)ottomry 177 

of  seaman 201 

Lifeboats  and  life-saving  appliances,  on  steamers 125, 139, 141 

on  ocean,  lake,  and  sound 140 

Life-saving  appliances,  inspection  of 1 22 

Service,  debate  on  transfer  of 443,  537 

stations   may   l)e   established   at   light-houses   by  Secretary  of 

Treasury 74 

Light-House  Board 65-77 

accounts  and  returns  of 68 

additional  salary  to,  prohibited 68 

advance  payments  on  contracts 70 


ALPHABETICAL    INDEX  683 

Page 

Lig-ht-IIouse  Board,  age  of  employees 77 

contracts  of 70 

duration  of  ui>i)r<)priati()n  for 09 

duties  of 67 

employees  of  not  to  be  interested  in  contracts  with 71 

jurisdiction  of 67,  68 

land  for  lights  may  be  leased  l)y 73 

purchase  of 71 

legal  services  to 72, 77 

lights  and  buoys 74 

location  of 23 

organization  of .-  -  -  66 

penalty.     See  Penalty. 

printing  of  pul)lications  of 77 

Secretary  of  Commerce  and  Labor,  ex-otficio  president 

of 66 

transferred  to  Department  of  Commerce  and  Labor  ...  26 

districts 67 

inspector 68 

site  for 73 


surveys . 


102 


system  in  Alaska 77 

vessel,  expense  of 69 

master  of,  has  police  power 75 

Lig-ht  money 235 

Lights  and  buoys 74 

false,  penalty  for 75 

in  Porto  Rico 77 

may  be  discontinued   and  reestablished  by  Secretary  of  Commerce 

and  Labor 74 

on  bridge 75 

canal  boat 335 

innnigrant  ship ,. 290 

naval  vessel  and  revenue  cutter 344 

rules  of  road 324,335,347,353 

Lime  juice,  antiscorbutic 226,  227 

Limit  of  Census  inquiries 84 

Liquid  fuel,  use  of 137 

Liquor,  entry  of  vessel  with 269 

manifest  of,  in  coasting  trade 303 

sale  of,  at  immigrant  stations 391 

prohibited  to  natives  of  Pribilof  Islands 48 

to  be  reported  to  surveyor 269 

unlading  of 285 

List  f)f  aliens  to  be  furnished  by  master 385 

Chinese  passengers  by  master  of  vessel 408 

oiiicers  of  steam  vessels  licensed - --  119 

passengers  to  be  kept  by  steamer 135 

steam  vessels  not  granted  license,  to  he  furnished 119 

vessels 156 

Live  oak  tiraber 255 

Local  boards  of  steamboat  inspectors,  supervision  of 118 

steamboat  inspectors,  duties  of - 122 

number,  salary,  and  expense  of 119, 120, 121 


684  ALPHABETICAL    INDEX 

I 

Page 

Local  steamboat  inspectors,  records  and  reports  of 134 

what  persons  ineligible  as 121 

Iiodging  house,  seaman's 207 

Log-book 227 

Logan,  Mr.,  ))ill  introdnced  ])y 13 

Long  Island,  N.  Y. ,  coasting  trade  of 308 

Los  Angeles,  snbfxjrts  in 368 

Low,  Mr.,  ))ill  introduced  ])y 20 

Louisiana  Purchase  Exposition  exhibit  by  Bureau  of  Fisheries 153 

Labor 64 

Louisville,  Ky.,  merchandise  destined  for 278 

M 

Madison,  Ind. ,  mercliandise  destined  for „ 278 

Madison,  President,  reconunends  "Home  Department" 10 

resolutions  for  general  convention 8 

Mail  on  vessels 375 

vessels  of  Brazil 234 

Maltreatment  of  crew  by  officers,  penalty  for 144 

Manifest,  duplicate  to  be  given  collector 281 

form  of,  and  other  papers  in  (ireat  Lakes  trade 302 

in  coasting  trade 303,  305 

Philippine  trade 255 

inspection  of , 275 

inward 274,  275,  297 

of  foreign  vessel  in  coasting  trade 309 

vessel  in  coasting  trade  touching  at  foreign  ports 302 

under  20  tons 307 

outward 253 

penaltj^  for  failure  to  deliver 298 

false 275 

Mann,  Mr. ,  speech  on  Senate  bill  569 549 

Manning.     See  Seaman;  also  Undermanning. 

Manua 238 

Manufactures,  Bureau  of,  appropriations  for 32 

law  organizing 27,  59 

mentioned  in  H.  Report 542 

province  of 59 

census  schedules  of 87,  88 

statistics  of 84 

statistics  of Ill 

Marine-Hospital  Service.     See  Public  Health  and  Marine-Hospital  Service, 
Knrolhiicnt,  Register,  License. 

Marine  papers,  certification  of 183 

Marking  vessel,  penalty  for  failure  in 161, 170 

with  name  and  home  port 162 

net  tonnage 169 

Marooning 245 

Marriage  to  be  entered  in  log  book 227 

Marshal,  fees  of 1 32 

Martin,  Mr. ,  speech  on  Senate  bill  569 510 

Master,  agreement  with  seaman  in  foreign  trade : . .  190 

change  of 176 

definition  of 188 

may  act  as  pilot 130 


ALPHABETICAL    INDEX  685 

Page 

Master  may  ship  seaman 191 

oath  of  citizenship  of 172 

of  light-house  tender  has  police  power 75 

of  vessel  of  United  States  must  be  citizen 159 

report  by 308 

penalty.  ^Slpe  Penalty.  Navigation,  Bureau  of,  and  Steamboat  Inspection 
Service. 

qualifications  of  licensed 129 

removal  of,  by  owner 188 

Mate,  ]ienalty.     See  Penalty. 

qualifications  of  licensed ^ 129 

Materials,  advertisement  and  contract  for,  by  Light-House  Board 70 

McComas,  Mr. ,  bill  introduced  by 20,  21 

McCreary ,  Mr. ,  1  )ill  introduced  by 18 

McCumber,  Mr. ,  speech  on  Senate  bill  569 518 

McKinley,  Mr.,  l)ill  introduced  by 16 

President,  message  on  commercial  attaches 20 

Measurement 163 

appendix  for  use  in  foreign  ports 170 

of  foreign  vessel 170 

immigrant 396 

licensed  vessel 161 

net  tonnage 167 

vessels 156 

penalty  for  false 187 

Mediation  Commission,  Commissioner  of  Labor  and  Chairman  Interstate 

Commerce  Commission  to  form 63 

Medical  attendance  for  immigrant  steerage  passengers 291 

seaman 292 

vessels  of  Bureau  of  Fisheries 153 

Coast  and  Geodetic  Survey 102 

See  also  Hospital. 

Medicine  chest 226 

Mediterranean  passport 187 

Meetings  of  Light-House  Board 66 

Memphis,  Tenn. ,  merchandise  destined  for 278 

Merchandise,  annual  statement  of,  by  Bureau  of  Statistics 110 

bond  of,  for  reexport 270 

bonded,  unlawful  removal  of 288 

definition  of 268 

delivered  in  various  districts 271 

destination  of 274 

entry  of 268 

at  special  ports 277 

for  different  ports  of  destination 281 

on  Lake  Champlain 281 

foreign  coastwise 302 

forfeiture  of,  for  violating  coasting  laws 311 

illegal  unlading  of 282 

immediate  exportation  of 309 

improperly  lading  and  storing  of 230 

in  bulk 270,  274 

coasting  trade • 296 

inspection  of,  laden  for  export 271 

inspector  of  customs  to  accompany 277 


686  ALPHABETICAL    INDEX 

Page 

Merchandise,  inward  manifest  of 274 

list  of  ports  for  immediate  transportation  of 367 

manifest  of  coasting  vessel  touching  at  foreign  ports 302 

on  licensed  vessel  under  20  tons 307 

of  British  North  America,  special  provisions  for 302 

on  Great  Lakes,  inward  manifest  of 297 

or  coasting  trade,  transfer  of 298 

outward  manifest  of 300 

permit  to  discharge 301 

to  be  discharged  by  day 301 

post  entry  of 286 

quarantine  of 318 

seizure  of,  for  violating  revenue  laws 260 

in  Alaska 316 

time  limit  for  unlading 285 

transfer  of  duty-i:)aid,  for  export 271 

imported 271 

transit  of,  in  Alaskan  trade 298 

transportation  of  foreign  coastwise 302 

imlading  of,  by  day 283 

from  vessel  in  distress 283,  286 

vessel  with  domestic 307 

Merchant,  Chinese 397,  402,  407 

defined  in  Chinese  exclusion  law 402 

seaman.     See  Seaman. 

Method  <  if  enrollment  and  license  of  vessel 180 

Mexico,  citizens  of,  exempt  from  head-tax 382 

commerce  with 296 

engagement  of  seaman  in  trade  with 196 

immigrants  from 392 

immigration  through 392 

Meyer,  Mr. ,  bill  introduced  by 19 

Michigan  Lake,  trade  on  {see  also  Great  Lakes) 301 

Militia  duty,  pilot  and  seamen  exempt  from 189 

Miller,  Mr. ,  bills  introduced  by 15, 18 

Minority  report  on  Senate  bill  569 547 

Misprision  of  felony 245 

Mississippi  River,  coasting  laws  of 307 

Commission 102 

inspection  of  boiler  on 127 

merchandise  destined  for  ports  and  tributaries  of 278 

penalty  for  failure  to  comply  with  requirements  as  to 

steamboats  on 147 

rule  of  road  on 353 

Moieties,  customs  laws 264 

Money,  export  of 255 

Money,  Mr. ,  speech  on  Senate  l)ill  569 505 

Morris,  Gouverneur,  proposed  Department  of  Commerce  and  Finance 8 

Mortality,  census  schedules  of 87,  88 

Mortgage  of  vessels 177 

Mount  Vernon  Convention 7 

Murch,  Mr.,  l)ills  introduced  Ijy 14, 15 

Muster  of  seaman  on  return  to  United  States 194 

Mutiny 245 


ALPHABETICAL    INDEX  687 

N 

Page 

Name  of  seaman 189 

vessel,  change  of lnt>,  1()2, 186 

to  l)e  marked 142,  162 

Nashville,  Tenn. ,  nuTchandise  destined  for 278 

National  Bureau  of  Standards.     See  Standards,  Burean  of.     . 

Naturalization  of  Chinese  prohibited 409 

immigrant ^ 893 

seaman 189 

Naval  officer  acting  as  consul o60 

duties  of 370 

Navigation,  aids  to.     See  Light-House  Board. 

Bureau  of,  history  of 154 

jurisdiction  of,  transferred 26,  30 

law  of ' 156-380 

location  of 23 

transfer  of,  in  House  I'eport 538 

Commissioner  of 156 

Deputy  Commissioner  of 157 

Navy  Department,  establishment  of 9,  423 

scientific  and  statistical  work  of,  transfer  authorized 31 

officers,  employment  of,  in  Coast  and  Geodetic  Survey 99 

Fisheries _ 147 

ration 220 

standard  of  provisions  on  immigrant  vessel 291 

to  enforce  seal  fisheries  law 38,  43 

Nelson,  Mr.,  bill  introduced  by 21 

speech  on  Senate  bill  569 427,  441,  449,  491 

Net  or  register  tonnage 167, 169 

Neutrality 319 

New  Albany,  Ind. ,  merchandise  destined  for 278 

New  Brunswick,  Me. ,  vessels  with  products  of,  may  be  permitted  to  lade  or 

unlade  in  United  States j. 304 

Newcastle,  Me. ,  merchandise  destmed  for 280 

Newfoundland,  engagement  of  seaman  in  trade  with 196 

vessel  with  products  of,  may  be  permitted  to  lade  or  unlade 

in  United  States 304 

New  Orleans,  La. ,  merchandise  to  be  entered  at,  for  transportation  to  ports 

and  places  on  IMississippi  and  tributaries 278 

New  River,  N.  C. ,  vessels  documented  at  Wilmington 184 

Newton,  Mr. ,  proposes  home  department  10 

"New  York"  and  "Paris,"  act  admitting 250 

Bay  anchorage  grounds 316 

Nitroglycerin,  transportation  of 143, 144 

penalty  for  illegal 138 

North  American  Commercial  Company,   contract  with,   for  fur  seals  on 

Pril)ilof  Islands 35-37 

Northern,  Northeastern,  aixl  Northwestern  frontiers,  vessel  in  foreign  trade 

or  otherwise  than  by  sea  to  be  enrolled  and  licensed 160 

See  aho  Great  Lakes.  * 

Nova  Scotia,  vessel  with  products  of,  may  be  permitted  to  lade  or  unlaile  in 

United  States i 303 

Numbering  of  vessels,  official 161 


688  ALPHABETICAL    INDEX 

O 

Page 

Oath,  Alaska  seal  agents  empowered  to  administer 47 

of  master 253 

and  owner 268 

of  ownership  on  entry 256 

Ofl&cer  and  crew  of  passenger  steamers 135 

Chinese  exclusion,  on  duty  in  Washington 410 

I'ustoms 360-375 

defined  146 

duration  of  license  of 146 

liability  of,  for  failure  to  perform  duty 319 

licensed 128, 132 

acting  as  pilot 130 

altering  license 131 

appeal  in  cases  of  suspension,  revocation,  or  refusal  to  issue 

license 132 

duty  to  aid  steamboat  inspector 118 

exempt  from  draft  during  war 147 

failure  to  employ 128 

report  accident  and  injuries* 131 

investigation  of  incompetency  or  misconduct  of 132 

liability  of,  in  case  of  explosion,  fire,  or  collision 142 

oath  and  perjury  of 130, 131 

of  merchant  vessel 1 88 

steamboat 146 

drafted  in  war,  subject  to  pension  law 147 

to  assist  in  inspection 131 

tugboat  and  freight  boat 1 24 

vessel  of  United  States 159,  188 

to  make  oath 130 

penalty.    See  Penalty,  Navigation,  Bureau  of,  and  Steamboat 
Inspection  Service. 

qualifications  of 129 

refusal  to  serve 131 

renewal  of  license  when  absent 131 

suspension  or  revocation  of  license  of 125 

temporary  service  of  alien  as - 188 

substitute  for 135 

to  exhibit  license 131 

include  engineer 188 

revenue-cutter 220 

Offices  transferred,  speech  of  Mr.  Nelson  on 449 

Omaha,  Nebr. ,  merchandise  destined  for 278 

O'Neill,  Mr. ,  bills  introduced  by 16,  18 

Open  vessels 166 

Opinions  of  Attorney-General  (m  Department  of  Commerce  and  labor 34 

Organic  law  of  Department  of  Commerce  and  Labor 24 

Organization  ceremonies 23 

Orth,  Mr. ,  bill  introduced  by 13 

Osborne,  Mr.,  bills  introduced  by 17,  21 

Outward  manifest 253 

form  of 254 

on  vessel  on  Great  Lakes 300 


ALPHABETICAL    INDEX  689 

Page 

Overstreet,  Mr.,  speech  on  S.  569 621 

Owner,  change  of,  of  vessel 176 

definition  of 189 

HabiUty  of,  in  case  of  fire  or  collision 142 

may  ship  seaman  in  certain  cases 190 

oath  of,  necessary  for  registry 171 

of  steamboat  may  be  alien  resident '. 160 

vessel  of  United  States  must  be  citizen 159, 1 71,  250 

penalty.     /See  Penalty  Navigation  Bureau  of,  and  Steamboat  Inspection 
Service. 

port  of 172 

removal  of  master  by 188 

to  countersign  certificate  of  measurement 163 

obtain  copy  of  sliipping  articles 195 

Oyster  vessel,  crew  of 125 


Paducah,  Ky. ,  merchandise  destined  for 278 

Pag-e,  Mr.,  ])ill  introduced  by 15 

Palatka,  Fla. ,  merchandise  destined  for 277 

Panama,  Isthmus  of,  transit  of 311 

Papers,  deposit  of,  of  vessel 257,  258,  259 

Parkersburg,  W.  Va. ,  merchandise  destined  for .' 278 

Partial  payment  for  work  on  vessel 70 

Passeng-er  accommodations,  to  l)e  inspei'ted 122 

act  of  1882 288 

death  of 294 

liability  to,  for  damages 142 

list 135 

of  immigrants 293 

manifest 274 

permit  to  land  on  Great  Lakes 301 

steam  vessel,  inspection  of 135 

Passports,  war  documents  and  sea  letters 258 

Patent  Office,  debate  on  transfer  of 440, 450 

Pauper  immigrant  prohil)ited 383 

Peddie,  Mr. ,  lull  introduced  by 14 

Penal  tonnage  taxes 234,  297 

Penalty,  Alaska  lisheries,  false  oath  as  to  number  of  seals  taken 42 

killing  fur-bearing  animals 38,  42,  43,  44,  46,  48 

unlawful  fishing 47 

Census,  Bureau  of  the,  corporations  or  persons  refusing  to  give  infor- 
mation    93 

employees  of,  communicating  informatinn  un- 
lawfully      92 

improper  use  of  frank 94 

receiving  fee  for  appointing  employees 92 

Coast  and  Geodetic  Survey  {see  also  Light-House  Board ) 102 

Corporations,  Bureau  of,  corporation,  officer,  or  agent  violating  law.  58 

failure  to  comply  wi\h  its  law 51 

obey  subpcena  of 52,  57 

writs  of  injunction  of 55 

27628—04 44 


690  ALPHABETICAL    INDEX 

Penalty — Continued.  P,ijje 
Immigration,  Bureau  of,  advertising  j)romising  employment  to  im- 
migrant •. 884 

altering  or  forging  certificate _ .  403,  405, 408 

'                                    landing  aliens  at  unlawful  time  or  place -.  388 

Chinese 405,  406,  409,  410,  411, 412 

prohibited  classes  of  persons 383, 

384, 385,  393 

violating  naturalization  law 393 

Light-House  Board,  false  lights 75 

injuring  public  works 76 

Navigation,  Bureau  of: 

assaulting  or  obstructing  officer 1 88 

breach  of  duty,  seaman's 214 

collector  of  customs,  violation  of  registry  law 186 

consul,  delivering  ship's  papers  before  master  has  clearance  . . .  257 

>                               failure  to  require  payment  to  discharged  seaman 200 

false  measurement 1 87 

fisherman  deserting  or  breaking  contract 197 

illegal  boarding  of  vessel 259 

sale  of  vessel  to  alien 1 78 

shipment  of  seaman 1 59 

impersonating  shipping  commissioner 159 

libel  for 264 

master  carrying  seaman  without  agreement 192, 197 

committing  act  endangering  vessel  or  passenger 214 

death  of  passenger 294 

discrepancy  between  cargo  and  manifest 286 

engaging  seaman  unlawfully 193 

failure  to  carry  medicines,  antiscorbutics,  and  slop  chest.  226 

carry  provisions  and  water 224,  225 

deliver  manifest 279,  298 

exhibit  enrollment  and  license 185 

furnish  medical  attention 292 

give  seaman  proper  certificate  of  discharge 199 

keep  log  book  properly 228 

weights  and  measures  to  determine  quan- 
tity of  food  and  water  for  seaman 226 

notify  seaman  of  law  prohibiting  wearing  of 

sheath  knife 214 

observe  law  relating  to  crew  list 195 

regulations  concerning  seaman  dying 

at  sea 210 

obtain  clearance 253 

l)apers 272 

permit  to  carry  imported  merchandise 

in  coasting  trade 272 

post  shipping  agreement 192 

produce  crew 194 

manifest 276 

pn  )vide  substitute  f(  ir  deserter 1 93 

register  vessel 256 

report  change  of  master 1 77,  183 

surrender  document  or  temporary  register 173, 

179,182 


ALPHABETICAL    INDEX  691 

Penalty — Continued.  Page 
Navigation,  Bureau  of — Continued, 
master^c'ontinued. 

failure  to  transport  destitute  seaman 208. 

false  manifest 275 

oath 172 

fishing  vessel  carrying  foreign  merchandise. . : 256 

insufficientdisciplineand  cleanlinesson  immigrant  vessel  292 

obstructing  boarding  officer  .  ^ .,  260 

overcrowding  immigrant  vessel 289 

refusal  to  deliver  certificate  of  registry 1 72,  1 73,  175 

unlawful  change  t)f  name  of  vessel 162 

departure 282 

discharge  of  seaman •. 199 

transportation  of  animals  or  explosives 293 

imlading 283 

violation  immigrant  ship  law 295 

law  as  to  papers  of  crew 195 

license  or  oath 180 

requirements  as  to  bills  of  lading 231 

not  incurred  for  substantial  compliance  with  form 268 

offense  against  law  of  registry,  enrollment,  or  license 187, 188 

officer,  false  registry,  enrollment,  or  license 187 

receiving  illegal  fees 186 

shipping  seaman  without  agreement 192 

violating  inland  rules  of  road 335 

St.  Marys  River  navigation  law 358 

owner,  failure  to  carry  medicines,  antiscorbutics,  and  slop  chest.  226 

deliver  certificate  of  registry 179 

mark  vessel  properly 162 

observe  regulations  in  regard  to  seaman  dying 

at  sea 210 

register 256 

report  change  of  master 183 

show  name  and  home  port  on  vessel 162 

false  oath 171 

fishing  vessel  carrying  foreign  merchandise 256 

insufficient  discipline  on  immigrant  vessel 292 

or  agent  refusal  to  deliver  certificate  of  registry  . .  172,  173, 175 

unlawful  change  of  name  of  vessel 162 

violation  of  requirements  as  to  bills  of  lading. .  231 

unlawful  discharge  of  seaman 199 

violation  of  oath 180 

procedure  in  cases  not  otherwise  provided  for 215 

receiving  remuneration  for  providing  seaman  with  employment.  205 

seaman,  absent  without  leave 212 

carrying  sheath  knife 214 

Secretary  of  Commerce  and  Labor  may  remit  or  regulate 30, 

175, 180,  214,  252,  262,  312,  314,  315,  316 

shipping  inflammable  articles 230 

smuggling 213 

soliciting  lodgers 207 

unseaworthiness 221 

vessel  failure  to  carry  official  number  on  main  beam 161 

deliver  manifest  in  Great  Lakes  and  coasting  trade  298 


692  ALPHABETICAL    INDEX 

Penalty — Continued.  Page 
Navigation,  Bureau  of — Continued, 
vessel— continued. 

failure  to  show  net  tonnage 170 

fraudulently  obtaining  certitieate  of  registry,  enrollment, 

and  license 187 

importation  of  foreign  goods  in  certain  foreign 249 

shipping  seaman  without  agreement 192 

violating  coasting  law 310 

violation  of  allotment  note  of  wages  of  seaman 205 

Statistics,    Bureau   of,  transportation    company's  failure   to  deliver 

manifest 109 

Steamboat-Inspection  Service,  carrying,   packing,  or  shipping  dan- 
gerous articles . .  136, 137, 138,143, 144, 145 

counterfeiting  stamps 126 

employing  unlicensed  officer 128 

failure  to  keep  life-saving  ajspliances. .  139, 

140, 141 

passenger  list 135 

make  repairs 133 

fatal  explosion 144 

improper  construction  of  boiler 125 

ineligible  person  acting  as  steamboat 

inspector 121 

master,  failure  to  report  accidents 131 

or  officer  altering  license 131 

overcrowding     a     passenger 

steamer 135 

obstruction  of  safety  valves 128 

officer  and  owner  causing  loss  of  life. .  144 

for  perjury 131 

violation  of  requirements  as  to  Missis- 
sippi River  steam  vessel 147 

See  also,  Forfeiture. 

Pension  of  licensed  officer  killed  or  wounded  during  war 147 

Perishable  merchandise,  seizure  of 262 

Perjury,  penalty  of  licensed  officer  for 131 

Permanently  established,  Bureau  of  the  Census 82 

Permit  of  vessel  to  touch  and  trade 302 

Petersburg-  or  Richmond,  Va. ,  clearance  from 281 

merchandise  destined  for 279 

Petroleum,  use  of,  as  fuel 137, 138   | 

Pettus,  Mr. ,  speech  on  Senate  bill  569 491,  525    ! 

Phelps,  Mr. ,  1  )ill  introduced  by 15    ' 

Philippine  Islands,  census  of 86, 95   ! 

Chinese  immigration  to 399,  400   ; 

coasting  trade  with 237  ; 

manifest  in  trade  with 255   I 

regulations  as  to  vessels  of 237 

Philipps,  Mr.,  1)111  introduced  by 19 

Photograph  of  ChincHe  laborer 402  ' 

Physical  examination  of  aliens  l)y  Marine- Hospital  Service 385,  386,  387 

Pier-heads  to  he  marked 74  ! 

Pile,  Mr. ,  bill  introduced  by 13 

Pilot  laws '. 296  ! 

L 


ALPHABETICAL    INDEX  693 

Page 

Pilot,  license  of,  on  Hteam  vessels 128 

licensed -96 

master  or  mate  may  act  as 130 

on  ferryboat,  canal  boat,  yacht,  ( )r  launch 124 

qualifications  of 130 

of  I'nited  States  vessel  must  be  citizen 159, 188 

State  regulation  of 130 

suspension  or  revocation  of  license  of 130 

to  control  enrolled  steam  vessel 116 

{See  also  Licensed  officer.) 

Pinckney,  Mr. ,  at  Constitutional  Convention 8 

Piracy 322-324 

Pittsburg,  Pa. ,  merchandise  destined  for 278 

Place  of  registry 172 

Platforms  of  parties,  referring  to  Department  of  Commerce  and  Labor.  560,  561,  567 

Piatt,  Mr. ,  bill  introduced  by 20 

Police  control  of  immigrant 392 

Polygamous  immigrant  prohibited 383 

Population,  census  schedules  of 87,  88 

Porcupine  River,  trade  on 309 

Portage  Lake  ship  canals,  lights  on 73 

Portland,  Oreg. ,  clearance  from 281 

merchandise  destined  for 280 

Port  defined 268 

{See  also  Home  port.) 

Ports,  immediato  transportation 367 

list  of  customs 361 

of  entry 268 

Port  Jefiferson,  N.  Y. ,  merchandise  destined  for 280 

vessels  may  be  documented  at 184 

Porto  Rico,  Chinese  immigration  to 399 

establishment  of  ports  and  subports  in 369 

law  extended  to .,. 282 

lights,  Light-House  Board 77 

manifest  in  trade  with 255 

preliminary  entry  of  vessel  in 282 

regulations  as  to  vessels  of 237 

Post  entry  of  merchandise  destined  for  export 271 

to  inward  manifest 286 

Postage  rates  on  packet  ship 376 

Posting  immigrant  laws  by  carriers 395 

license  of  steamboat - 131 

oflScer's  license 131 

passenger  act 292 

provisions  of  steamboat  law 142 

Postmaster-General  enters  Cabinet 9 

Post-Office  Department  established 10,  423 

scientific  and  statistical  work  of,  transfer  of,  to  De- 
partment of  Commerce  and  Labor  authorized 31 

Powers  of  Commissioner  of  Corporations 49, 52 

immigration  officers 390 

Secretary  of  Commerce  and  Labor.     See  Commerce  and  Labor, 
Secretary  of. 

Pi  actice,  pleadings,  and  forms,  Light-House  Board 74 


694  ALPHABETICAL    INDEX 

Page 

Precaution  against  Are,  nteamhoat 135 

Preliminary  entry  of  vessel 282 

President  authorized  to  appoint  Light-House  Board 66 

cause  survey  of  coasts 99 

have  pubHc  vessels  cruise  in  Bering  Sea  and  arrest 

violators  of  law 44 

have  public  vessel  cruise  to  aid  navigation 220 

issue  proclamation  warning  persons  against  violation 

of  Alaska  fisheries  law 44 

retaliation  proclamation 247 

procure  assent  of  State  legislatures  for  erection  of 
forts,    magazines,    arsenals,   and    other    needful 

buildings 72 

prohibit  export  of  coal  and  war  materials 221 

provide  for  suppression  of  piracy 322 

suspend  free  passage  of  foreign  vessels  through  St. 

I                                             Marys  Falls  Canal ...  i 248 

operation  of  tonnage  tax  law 233,  234 

transfer  statistical  or  scientific  work  to  Department 

of  Commerce  and  Labor 31 

Pressure  of  steam  allowable 127 

Pribilof  Islands,  Fish  Commissioner  to  investigate  seal  life  on 151 

killing  of  fur  seals  on 38,  44,  45 

lease  of  fur-seal  rights  on,  by  Secretary  of  Commerce  and 

Labor 45 

regulations  as  to  maintenance  and  education  of  natives  of, 

by  Secretary  of  Commerce  and  Labor 46 

reservation  for  Government  purposes 44 

seal  fisheries  of 41 

spirituous  liquors  prohibited  to  natives  of 45 

Prince  Edward  Island,  vessel  with  products  of,  may  be  permitted  to  lade 

or  unlade  in  the  United  States 303 

Printing  and  engraving  for  Coast  and  Geodetic  Survey 101 

appropriation  for  Department 32 

bulletins  of  Commissioner  of  Labor 64 

Bureau  of  Fisheries 152 

Bureau  of  the  Census 85 

Light-House  Board 77 

of  notice  and  bulletins  to  mariners  may  be  authorized  by  Secretary 

of  Commerce  and  Labor 101 

reports  of  Commissioner  of  Labor *- .  - .  64 

Fish  Commissioner 152 

statistical  abstracts,  and  reports.  Bureau  of  Statistics 108, 112 

Privacy  on  immigrant  ships 292 

Private  secretary  to  Assistant  Secretary  of  Commerce  and  Labor 31 

Secretary  of  Commerce  and  Labor 31 

Privileged  Chinese 397 

Privileges  at  immigrant  stations 391 

Prize  may  be  registered 160 

Procedure,  Bureau  of  Corporations 58 

Chinese  exclusion 403 

for  enforcing  penalties  and  forfeitures  under  acts  relating  to  mer- 
chant seaman 215 

violation  of  revenue  law 266 


ALPHABETICAL    INDEX  095 

}*age 

Procedure  in  case  of  tines,  penalties,  and  ft irfeitnres 263 

ininiiiirant  eases 391 

Property  of  Bnrean  of  Labor,  in  eliar^e  of  Coniniissioner 61 

Department  of  ('onmierce  and  Labor,  in  charge  of  Secretary 29 

Light-house  ]  >oard  may  )  )e  sold 77 

Prostitute  immigTant  prohibiteil 383 

Protection  against  tire  on  steamboats ,., 135 

Province  of  Bureau  of  Corporations 49 

manufactures 59 

standards 416 

statistics 106 

Department  of  Commerce  and  Labor 25 

Provisions,  complaint  of  seaman 200 

for  crew 224 

innnigrant  steerage  passengers 291 

inspection  of 222 

legal  scale  of,  for  seaman 217 

penalty  for  insufficient 225 

seaman's  right  to,  begins 202 

Prussia,  duties  on  vessels  of 235 

Public  Health,  and  Marine-Hospital  Service,  debate  on  transfer  of 443,538 

expense  of 71 

maintained     by    tonnage 

duty 233 

vessel  exempt  from  entry 272 

Punishment  of  seaman 212 

Q,ualifications  of  licensed  officers 129, 130, 188 

Quarantine,  immigration  suspended  because  of 395 

of  cargo 318 

vessels 317 

from  the  Philippines 238 

Quarles,  Mr. ,  speech  on  Senate  bill  .569 470 

Quarters  for  offices  transferred  to  Department  of  Commerce  and  Labor  after 

J  u  1  y  1 ,  1 903 33 

Quincy,  111. ,  merchandise  destined  for 278 

B 

"Railroad"  and  "transportation"  defined 50 

iron,  special  entry  of *. .  270 

Randolph,  Mr. ,  at  Annapolis  convention 8 

Rations  for  seamen 217,  220 

Reagan,  Mr. ,  bill  introduced  by 17 

Real  estate  may  be  sold  by  Secretary  of  Commerce  and  Labor 73 

Reasons  for  new  Department,  in  debate , 534 

Reclassification  of  bureaus,  ni  debate 533 

Record  of  American-built  vessel  owned  by  aliens 185 

mortgage  and  bill  of  sale  of  vessel 177 

Records  of  Eleventh  Census  transferred  from  Department  of  Interior  to  Cen- 
sus Office 95 

transferred,  in  charge  of  Secretary  of  Commerce  and  Labor 27 

Refund  of  fine,  penalty,  or  forfeiture 314 

tonnage  tax 316 


696  ALPHABETICAL    INDEX 

Page 

Refusal  of  master  and  officer  to  serve,  penalty  for 131 

Beg-attas,  special  rules  for 358 

Register,  change  to  enrollnient 179 

custody  and  surrender  of 175 

form  of 173 

not  to  issue  to  steam  vessels  until  inspected 1-43 

of  seaman 189 

temporary,  of  vessel 172 

to  be  produced  before  entry 257 

corporation 175 

foreign-built  steainships 250 

tonnage,  definition  of 164 

method  of  ascertaining 163 

See  also  Certificate  of. 

Registered  vessel,  definition  of 160 

in  coasting  trade 308 

Registration  of  C'liinese  laborer 397 

in  Philippines  and  Porto  Rico 400 

ships,  Bureau  of,  proposed. 15 

vessels 159, 160 

Registry  blanks  and  certificates 174 

bond 1 79 

carpenter's  certificate  necessary  to .' 171 

oath  of  owner  necessary  for 171 

law 160, 171 

admitting  Paris  and  New  York 250 

offenses  against 186 

seizure  for  violation  of 261 

of  Hawaiian  vessel 237 

Porto  Rican  vessel 237 

whaling  vessel 160 

outside  of  district 184 

owner's  oath  of 171 

penalty  for  false 187 

resisting 188 

place  of 172 

Regulations  and  agents,  Chinese  exclusion 399 

forms,  Chinese  exclusion 405 

as  to  entry  and  clearance 253, 259 

by  Light-house  Board 67 

Secretary  ot  Commerce  and  Labor.    See  Commerce  and  Labor, 
Secretary  of. 

for  Commissioners  of  Immigration 390 

seal  fisheries,  by  President 39 

Reinspection  of  steam  vessel 133 

Remission  or  regulation  of  fines,  penalties,  and  forfeitures 30,  314 

in  certain  cases 175, 180,  252,  316 

for  violation  of  revenue  law 262, 

267, 268, 314 
See  also  Penalty. 

Removal  of  master  by  owner 188 

Rent,  ajJi)roiiriation  for 32 

Rented  quarters 29,  33 

Repair  of  vessel  on  Great  Lakes 299 


ALPHABETICAL    INDEX  697 

Page 

Repair  of  vessel,  i)eniilty  fur  failure  in 133 

Repeal  of  t-ensus  law 85.  S6,  95 

immijiratiou  law 392 

laws  iiu'onsii?tent  with  act  of  Fe])ruary  14,  190;5. 30 

Report,  annual  and  special  to  Congress  by  Secretary  of  Commerce  and  Labor.   29,  111 
Bureau  of  Fisheries,  of  expenditures  for  propagation  of  food  fishes  . .       152 

Labor 62,  63 

distribution  of 64 

Navigation 156 

Standards 417 

Statistics 106, 107,  110,  111 

Bureau  of  the  Census 88 

Coast  Survey 100, 101 

House,  on  Senate  l)ill  569 531 

of  citizens  of  United  States  in  China  to  Chinese  Government 398 

collector  of  customs  to  Bureau  of  Statistics 109 

Commissioner  of  CoriJorations 413,  418 

governor  of  Alaska  to  Congress  as  to  killing  of  fur-bearing  animals  .         47 

Shipping  Commissioner 157 

Supervising  Inspector  of  Steamboats 118 

violation  of  revenue  laws 266 

wrecks 312 

Senate,  on  Senate  bill  569 422 

to  Bureau  of  Corporations 51, 56 

Reports  of  court  decisions  paid  for  out  of  immigrant  fund 382 

Research,  privileges  of,  in  Department 153 

Resisting-  ofBcer 188 

Retaliation  on  vessels  of  British  America 248 

proclamation,  penalty  for  violation  of 248 

tolls,  St.  Marys  Falls  Canal,  determined  by  the  President 248 

Return  of  aliens  unlawfully  brought 388 

Chinese  laborer 403-405 

destitute  seaman 200,  202,  208 

seaman  to  United  States 208 

Revenue-Cutter  Service,  debate  on  transfer  of 443, 537 

Fisheries,  Bureau  of,  to  be  aided  by 152 

lights  on  vessels  of 344 

officersof 220 

to  enforce  seal-fishery  laws 38,  43 

suits,  procedure  in 266 

"Review  of  World's  Commerce" 1 113 

Revised  Statutes,  table  of,  included  in  this  compilation 717 

Reward.     See  Informer's  award. 

Rhode  Island  coasting  trade 308 

Richardson,  Mr. ,  of  Alabama,  speech  on  Senate  bill  569 551,  646 

views  of,  on  Senate  bill  569 547 

Richmond,  Va. ,  clearance  from 281 

merchandise  destined  for 279 

Ridgely,  Mr. ,  bill  introduced  by 21 

Rise  of  Department  of  Commerce  and  Iiabor 7 

River  navigation  in  fog 140,  357 

rule  of  road  on 335 

Roberts,  Mr.,  bills  introduced  bv 20,21 


698  »      ALPHABETICAL    INDEX 

Page 

Rosecrans,  Mr. ,  bill  introduced  l)y 16 

Round  trip,  eiifj;a^enient,  of  seuniau  lor -  - li*-,  15*3 

Rule  of  the  road,  future  eonniderution  of  International 'A'Ab 

<  Treat  Lakes  and  St.  Lawrence  Kiver,  rules  of  1895 .'^46 

inland  rulen  of  1 897 335 

international  rules  of  1897 324 

lines   limiting    application   of    international    and    inland 

rules 344-346 

Red  River  of  the  North  and  rivers  emptying  into  (tuU"  of 

Mexico 353 

to  prevent  collisioun 324-358 

Russell,  Mr.,  bill  introduced  by 14 

S 

Safety  valves 123,  128 

Saginaw  range  lights 73 

Sailing  rules 332,340,350,356 

Sailor.     Sfe  Seaman. 

Sail  vessel,  license  of  master  and  chief  mates  on  {see  also  Vessels) 129 

Salaries  in  Department  of  Commerce  and  Labor 31 

debate  on 607 

Salem  County,  N.  J. ,  vessels  docuuientetl  at  Camden 184 

Sale  ( )f  vessel 176, 183 

Salmon  fisheries  of  Alaska 35-48 

inspectors 48 

Saloon  stores  on  Great  Lakes  vessel 299 

Salt,  special  entry  of 270 

unlading  of 274,  285 

Salvage,  seaman's  rights  in 201 

Schedules,  Census 83,  84 

to  be  left  at  special  port 278 

Schirm,  Mr. ,  bill  introduced  by 21 

Scientific  work  transferred  to  Department  of  Commerce  and  Labor. 31 

Sea  letters 187,  258 

Seal  and  salmon  iisheries  of  Alaska 35-48 

transferred  to   Department  of  Commerce 

and  La])or 35 

contract  with  North  American  Commercial  Company  35-37 

Fish  Commissioner  to  investigate  life  of,  on  Pribilof  Islands  and  in  Bering 

Sea 151 

fisheries  of  Alaska  and  North  Pacific 38,  41 

importation  of  skins  of  Alaskan,  prohibited 39 

regulations  reexamined  every  five  years 41 

revenue  tax  on  skins  of,  from  Pribilof  Islands 46 

right  of  search 38 

violation  of  laws  for  protection  of,  where  prosecuted 39 

of  Bureau  of  Corporations 56 

the  Census 94 

Department  of  Commerce  and  Labor 25 

Sealing  packages  by  boarding  officer 260 

Seaman,  al)andonnient  of 245 

agreement 190 

allotment  of  wages 204, 205 


ALPHABETICAL    INDEX  699 

Page 

Seaman,  arbitration  l)eforc  Hhi})pin^  coinniist^ioner 207 

cared  for  l)y  l*iil)iic  1  lealtli  and  l\Iarine-Hosi)itiil  Service 71 

clothinjj;  for 226 

complaint  of  provisions,  nnseaworthiness,  or  cruelty  abroad 200 

consul  to  supervise  shipment  and  discharge  of,  abroad 193,  859 

corporal  punishment  of,  jirohibited 214 

crew,  list  of 193 

on  passenger  steam  vessels ' 135 

deduction  oi  wages  of 199 

defined 188 

desertion  of 206,  212 

destitute,  abroad 200,  208 

discharge  of 199,  200 

dying  in  United  States,  wages  of 210 

effects  of  deceased 209,  210 

engagement  and  discharge  of 158 

in  coasting  or  near-by  foreign  trade 195 

fisheries 1 97 

exempt  from  militia  duty 189 

failure  to  report  for  duty 197 

forecastle  requirements  for 167 

form  of  articles  of  agreement 215 

discharge 218 

illegal  shipment  of 159 

ill-treatment  of 125 

jurisdiction  over 218-220 

laws  relating  to,  in  Philippine  trade 238 

lien  on  vessel 201 

list  of  certificates  of  naturalization  of,  sent  to  Secretary  of  State 189 

master  to  give  certificate  of  discharge  to 1 99 

muster  on  return  of,  to  United  States 194 

name  and  character  of 189 

naturalization  and  citizenship  of 189 

not  to  compensate  consuls ,. 360 

offense  and  punishment  of 212 

to  be  entered  in  log  book 227 

penalties  and  forfeitures,  how  recovered 215 

penalty.     See  Penalty. 

period  of  engagement  of 192, 193 

procedure  for  enforcing  penalty  and  forfeiture  untler  laws  relating  to.       215 

process  against  vessel  for  wages 203 

provisions  and  water  for 224 

relief  of  American 208 

return  of  destitute 200,  202,  208 

right  in  salvage 201 

rules  of  shipping  agreements 191 

seaworthy  vessel 223 

shipment  of,  in  coasting,  lake,  and  near-1)y  foreign  trade 195, 196 

shipped  by  owner,  consignee,  or  master 191 

tobacco,  blankets,  and  warm  room  for 226,  227 

wages  of.     See  Wages. 

Search,  aid  in 260 

of  vessel 259 


700  ALPHABETICAL    INDEX 

Page 

Search,  right  of,  for  fur  seals 38 

Sea  stores 273 

inspection  of 299 

on  Great  Lakes  vessels 2i)8 

Seaworthiness 221 

Secretary,  See  name  of  Department. 

Seizure  for  violation  of  registry  or  revenue  law 260 

of  vessel  and  merchandise  in  Alaska 31(5 

Selma,  Ala. ,  merchandise  destined  for 277 

Senate  bill  569,  origin  of,  mentioned  in  debate 451 

prints  of,  in  its  different  stages 25,  419,  544,  625,  638 

introduced  in  Senate 419 

repoi'ted  to  Senate 422 

passed  Senate 530 

reported  to  House 531 

passed  House 634 

conference  report  to  House 642 

Senate 644 

adopted 657 

approved  1  )y  the  President 658 

Shackleford,  Mr. ,  speech  on  Senate  bill  569 570, 582, 594 

Shanks,  Mr.,  Ijills  introduced  by 13 

Sheath  knife,  carrying  of,  prohibited 214 

Shipbuilding 358 

Shipping  articles  of  seaman 190 

commissioner 157-159 

arbitration  before 207 

bond  of 157 

clerks  of 158 

collector  of  customs  to  act  as 159 

consul  to  act  as 193 

duties  in  regard  to  apprentices 158, 190 

jurisdiction  of 195, 196 

transferred  to  Department  of  Commerce 

and  Labor 30 

master  may  act  as 190 

rules  as  to  shipping  agreements 191 

seal  of 158 

transferred  to  Department  of  Commerce  and  Labor.  26 

Signal  stations,  Secretary  of  War  may  establish  at  light-houses 74 

Simpson,  Mr.,  bill  introduced  by 18 

Size  of  vessel  enrol  led 160, 180 

in  foreign  trade 296 

Skilled  Chinese  labor 410 

Slop  chest 226 

Smuggling  cases,  compensation  in 264 

definition  of 265 

penalty  for  seaman's 213 

Soldier's  preference  in  Census  Office  appointments 83 

Soleau,  William  L.,  disbursing  clerk 22 

Soliciting  lodgers 207 

Solicitor  c^f  Department  of  Commerce  and  Labor 23 

Sound  signal.     See  Fog  signal. 

Spanish  vessel  in  distress 287 


ALPHABETICAL    INDEX  701 

Page 

Spanish  vessel,  privilege  of  in  Philippines 237 

Sparkman,  Mr. ,  speech  on  Senate  bill  569 585 

Special  agents,  apjjropriation  for,  Bureau  of  Corporations 32 

of  census 83, 84,  89 

Intjuiry,  Board  of.  Immigration 385,  390 

registry  law 250 

surveys,  Coast  and  Geodetic 102 

Specimen,  Fish  Commissioner  authorized  to  take 152 

Specimens  of  fishes  to  be  distributed „ 153 

Spooner,  Mr. ,  speech  on  Senate  bill  569 511 

Springer,  Mr. ,  bills  introduced  by 17 

St.  George  and  St.  Paul  Islands.     See  Pribilof  Islands. 

St.  Joseph,  Mo. ,  merchandise  destined  for 278 

St.  Lawrence  River,  transshipment  of  merchandise  on 309 

St.  Louis,  Mo. ,  merchandise  destined  for 278 

St.  Marys  Falls  Canal  toll  regulations 248 

River,  rules  for 358 

Stairways  and  deck  room 140 

Stamping  boiler  plates 126 

Stanard,  Mr. ,  bill  introduced  by 14 

Standards,  Bureau  of 413-418 

appointment   of    officers    and   employees   of,    except 

Director 417 

location  of 23 

regulations  for 417 

transferred  to  Department  of  Commerce  and  Labor  . .         26 

visiting  committee 417 

whom  to  aid 416 

State,  Department  of,  change  of  name  of 10 

established 7, 422 

inspection  law 254 

pilot  law 130 

Secretary  of,  in  Cabinet 8 

to  forward  consular  reports  to  Department  of  Commerce 

and  Labor .30 

States,  cession  of  jurisdiction  over  site  for  light-house 72 

cooperation  with  Census  Office  to  secure  registration  of  vital  statistics, 

requested  by  Congress 96 

regulation  of  traffic  in  nitroglycerin  by , 144 

Stationery,  appropriation  for , 32 

for  collectors  of  customs 375 

Statistics,  Bureau  of  (including  Bureau  of  Foreign  Commerce) 10.3-113 

annual  report  by  Chief  of,  on  commerce  and  imvigation 

of  United  States lOij,  107, 110,  111 

location  of 23 

organic  law  establishing 106 

penalty.     See  Penalty,  Statistics,  Bureau  of. 

provision  as  to  publication  of  commercial  reports  . : . .   112, 113 

transferred  to  Department  of  Commerce  and  Lalxtr 26 

Census,  special 84 

subjects  of 83,  84 

coasting  trade 110 

consolidated  in  Department  of  Commerce  and  Labor 2(5,  31 

Corporations,  Bureau  of,  to  compile 50 


702  ALPHABETICAL    INDEX 

Page 

Statistics,  of  commerce  between  United  States  and  its  acquisitions 113 

transfer  to,  and  consolidation  of,  in  Department  of  Commerce  and 

Labor,  debate  on 461-488,  595-603 

Statisticians,  Chief,  in  Bureau  of  the  Census 82 

Steamboat-Inspection  Service 1 14-148 

debate  on  transfer  of 538 

duties  of  customs  officer  concerning 142, 143 

in  Hawaii 148 

location  of  office  of 23 

quarters  for 34 

rules  of  the  road 324 

salaries  and  expense  of 134 

transferred  to  Department  of  Commerce  and 

Labor 26 

inspector 117 

law,  complaints  of  violation  of 118 

ownership  of,  by  alien 160 

penalty.     See  Penalty,  Steam] )oat-Inspection  Service. 
See  also  Steam  vessel. 

Steam  pressure 127 

vessel,  accommodations 140 

for  crew  on  Mississippi  River 147 

bond  of  alien  owner  of 160 

cable  of,  inspection  of 122 

certificate  of  inspection  of 123 

coastwise,  subject  to  inspection 1 16 

definition  of 115 

equipment,  subject  to  approval 142 

fishing 125 

foreign 148 

inspection  of 115 

license  of  officer  on 128 

list  of  those  not  granted  license,  to  be  furnished 119 

name  of,  to  be  marked 142 

not  to  be  documented  until  inspected 143 

of  United  States 146 

owner  may  be  alien 160 

passenger 135, 140 

regulations  of 116 

transportation  of  nitroglycerin,  etc 143 

subject  to  provisions  of  inspection 115, 124, 125 

to  be  anchored  when  navigation  is  unsafe 140 

watchman  required  on 138 

Steerage  passengers,  accommodations  for 288 

Steering  and  sailing  rules 332,  339,  349,  356 

Stewart,  Mr. ,  views  of,  on  Senate  bill  569 546 

Stikine  River,  transshipment  of  merchandise  on 309 

Stone,  Mr. ,  bill  introduced  by 14 

Stowaways 192 

Stress  of  weather,  landing  ("hinese  in 405 

Subpoena,  Bureau  of  Corporations,  penalty  for  failure  to  oliey 416 

Subports,  authority  to  establish 368,  369 

list  of . . ! 361 


ALPHABETICAL    INDEX  703 

Page 

Sugar,  inanifetst  of,  in  foastin^  trade 303 

Sulzer,  Mr. ,  ])ills  introduced  by 21 

speech  on  Senate  hill  5(>9 608 

Summary  of  exports  and  imports 113 

])r()ce<lnre 267 

Superintendent  of  Coast  and  Geodetic  Survey 100 

Supervising  Inspector-General  of  Steam  Vessels 117 

Inspector  to  rt'port  violations  of  law 118 

Inspectors  of  Steamhoat-Inspection  Service 117,118, 120 

Supervisors  of  Census 88,  89,  90 

Surveyor  of  Customs 370,  371 

Surveys  for  light-houses 72,  102 

Coast  and  Geodetic  Survey  to  make,  on  seaboard. . .  72, 102 

Corps  of  Engineers  to  make,  on  northwestern  lakes.  73, 102 

Suspension  of  oflicer's  license 129 

T 

Tabulating  devices  in  Census  Office,  adoption  of 93 

Tariff  on  ship-building  material 358 

Tax,  revenue  on  sealskins  from  Pribilof  Islands 46 

Telegraph  and  telephone,  appropriation  for 32 

Teller,  Mr. ,  bill  introduced  by 21 

speech  on  Senate  bill  569 462 

Temporary  register 172 

Testimony,  Alaskan  seal  agents  may  take 47 

Bureau  of  Corporations 49,  53,  57 

Tiller  ropes 139 

Time,  limit  of,  for  unlading 285 

Title  four  Revised  Statutes  amended  to  include  Department  of  Commerce 

and  Labor 25 

Tobacco  for  seaman 226 

Toll  regulations 249 

Ton,  definition  of 164 

Tonnage  deck 163 

gross 164 

net  or  register 164 

tax \ 232-236 

certain  Great  Lakes  vessels  exempt  from 273 

discriminating 234 

final  decision  as  to 236 

penal 234,  297 

Tourist,  Chinese 397, 407 

Towing  boat.     Hee  Tug. 

Townshend,  Mr. ,  bill  introduced  by 17 

Tracy,  Mr. ,  l)ill  introduced  by 19 

Tracy,  Mr.  Thos.  F. ,  mentioned  in  debate 563 

Trade  and  touch,  fishing  vessel  j^ermit  to 2^6 

change  of 179 

Relations,  Bureau  of 30 

salaries  for  Bureau  of 30,  .34 

with  acquisitions - 236 

Sec  (//.fo  Cf)mmerce. 
Transfer   of   Bureaus  and  Oflices  to  Department  of  Commerci' and  i-abor  (.sw 

also  Htlrs  of  offices) 26 


704  ALPHABETICAL    INDEX 

Transfer   of   employees  and   jurisdiction   to  Department  of  Commerce  and 

Labor 29,  30 

imported  merchandise  for  export 271 

sea  stores  and  e(|uipments  l)et\veen  vessels  of  same  owner 273 

vessel 176, 183 

Transportation  and  railroads  defined 50 

companies  restricted 384 

of  immigrant,  prepayment  of,  jDrohibited •  383 

nitroglycerin  with  passengers,  penalty  for 138, 144 

Travelers  or  tourists,  Chinese 407 

Traveling  expenses,  census 93 

Treasury  Department,  establishment  of 7, 423~ 

importance  of  commercial  liranch  of 7 

offices  of,  not  transferred  to  Conunerce  and  Lalior  . .  434 

Secretary  of  the,  in  the  Cabinet 8 

jurisdiction  over  commerce 11 

may  establish  life-saving  stations  at  light-houses.  74 
remit  fines,  penalties,  and  forfeitures.  262,267,314 

officers  of  customs  appointed  by 372 

to  award  compensation  to  informers  in  cases  of 

violation  of  revenue  laws 264 

detail  Revenue  Marine  to  aid  fishery  investiga- 
tion   152 

refund  duties  on  repairs  to  Great  Lakes  vessels  in 

distress 300 

transfer  employees 33 

Treaty  with  Great  Britain  concerning  fur  seals 39-41 

Trial,  place  of,  for  crimes  at  sea 244 

Trout,  Alaska  salmon,  regulations  as  to  catching 47-48 

Trusts,  statistics  of  articles  produced  by 62 

See  also  Corporations,  Bureau  of. 

Tug,  inspection  of ]  24 

on  Great  Lakes 301 

penalty  for  towing  foreign,  in  coasting  trade 310 

Tutuila 238 


17 

Undermanning 135, 193,  222 

Underway,  definition  of 324,  335,  347 

Undocumented  vessel 161 

United  States  courts,  petition  to,  by  Bureau  of  Corporations 54 

definition  of,  in  inmiigration  law 392 

vessel,  assistance  by 220 

Unlading  by  day 2S3 

night 283 

illegal 282 

penalty  for 283 

limit  of  time  for 285 

vessel  in  distress 286 

Unla-wful  dei)arture 282 

fishing 47 

Unseaworthy  vessel 221 


ALPHABETICAL    INDEX  705 

V 

Page 

Vessel  {see  also  Steam  vessel ) 159 

American.     See  Vessel  of  the  tjnited  States. 

American-built,  owned  by  alien,  record  and  certificate  of 185 

anchorage  grounds  for "^16 

apprentices 190 

boarding  of - —       259 

bound  to  port  of  entry 269 

certificate  of  measurement  of 163 

registry,  cancellation  of 179 

custody  and  surrender  of 175 

See  also  Registry. 

certifications  by  customs  ofticers 183 

change  of  build  of 176 

master  of 176, 177, 183 

or  name  of 162, 186 

name  of 156, 162 

owner  of 176,  183 

>.  trade  of '  179 

i  clearance  of 253,  254,  301 

■■  coastwise  and  fishing,  may  be  enrolled  and  licensed 253 

consul's  services  to 359 

crew  accommodations  on 167 

list  for  clearance 193 

customs  laws  relating  to 259 

deductions  from  net  tonnage  of 168-169 

definition  of 159, 189 

discriminating  duties 250 

tonnage  taxes 2.34 

■  discrimination  against  American 246 

"  on  Canadian  canals 248 

documents  of 171-188 

draft  of,  to  be  marked ! 163 

duration  of  license  of 182 

»             enrollment  and  license  of 160 
outside  of  district 1 84 

special  provisions  for 1 84 

to  corporations 1 82 

entry  of 257,268 

oath  of  ownership  on 256 

exempt  from  charges 273 

entry 272 

measurement 1 70 

tonnage  tax 233 

fees  for  enrollment  and  license 180 

method  of  payment  to  Government  officials 239 

of  diplomatic  and  consular  officers 359 

fishing,  permit  to  touch  and  trade 256 

foreign-built.  Secretary  of  Commerce  and  Labor  to  grant  register  to. . .       250 

entered  at  port  of  entry 269 

importation  of  foreign  goods  in 249 

forfeited,  may  be  registered 1 60 

forfeiture  of.     See  Forfeiture. 

form  of  enrollment  of 1 80 

27628—04 45 


706  ALPHABETICAL    INDEX 


Vessel,  form  of  register  of 173 

report  and  manifest  of  lading 254 

Great  Lakes,  repairs  on 299 

in  Alaskan  and  insular  trade,  manifests  of  lading  and  clearance  of. . .  255 

coasting  trade,  agreement  -with  seaman  of 196 

distress,  cargo  of 286,  287 

inspection,  enrollment  and  license  of 185 

seaworthiness  of 222 

inspectors  to  accompany  . ." 277 

liability  for  fish  caught  in 198 

of  owner,  master,  and  shijiper 228 

lil:)el  bond  by  owner  of 232 

licensed,  manifest  in  coasting  trade 306 

record  to  be  kept  by  collectors 182 

license  of,  lo.-'s  or  surrender  of 182 

light,  may  l)e  replaced  by  permanent  structures 75 

money 235 

list  of  crew  of,  sailing  to  foreign  port  to  be  certified  by  collector  of 

customs 193 

log  book,  requirements  as  to 227 

loss  of  register  of 178 

measurement  of 156, 163-170 

mortgage  and  bill  of  sale  of 177 

name  of 162 

officers  of,  aliens  permitted  to  act  as,  in  emergency 188 

<lefined  (.sec  also  Officer) 188 

official  nundier 161' 

of  Fish  Commission,  status  of,  with  Navy  Department 147 

Light-House  Establishment,  expense  of 69 

partial  payment  for  work  on 70 

United  States,  definition  of 159 

discrimination  against 246 

officers  of  ( see  also  Officer) 188 

owner  and  master  of,  must  be  citizens 171 

under  foreign  flag  during  rebellion,  how  registered.  159 

open , ^66 

payment  of  fees  accrued  on 255 

penalties  on.     See  Penalty. 

preliminary  entry  of 282 

process  against,  for  wages 203 

Prussian,  duties  on 235 

public,  to  assist  vespf '  •  in  distress 220 

quarantine  of 317 

record  of  American-built,  owned  by  alien 185 

registry  of.     See  Registry;  also  Register. 

^     regulations  as  to  papers  relating  to  crew  of 1 94, 195 

retaliation  on  vessels  o^  British  America 248 

sale  or  transfer  of 1 76, 183 

seaman's  lien  for  wages  on 201 

search  of 259 

seizure  of,  for  violating  revenue  laws 260 

in  Alaska 316 

or  merchandise 260 

size  of  enrolled 160, 180 


ALPHABETICAL    INDEX  707 

Page 

Vessel,  8ize  < )f  in  foreign  trade  296 

slop  I'hest,  regulations  as  to 226 

Spanish,  duties  on 235 

in  distress 287 

steam.     See  Steam  vessel. 

tariff  provisions  dirfectl y  relating  to 299,  358 

tomiage  charges  on,  by  consuls  when  tout'hing  at  Canadian  ports 236 

taxes 232-236 

alien 235 

decision  of  Commissioner  of  Navigation  as  to,  linal 236 

undermanning  of 193 

undocumented 161 

with  products  of  Canada,  New  Brunswick,  Nova  Scotia,  Newfound- 
land, or  Prince  Edward  Island  permitted  to  lade  or  unlade  in  United 

States 303 

wrecked  in  Uniteil  States  may  l)e  documented 160 

wrecking,  American,  in  waters  of  Canada 313 

Canadian,  in  American  waters 313 

Vest,  Mr. ,  speech  on  Senate  bill  569 457 

Vicksburg-,  Miss. ,  merchandise  destined  f(^r 279 

Vinegar 226 

Vining,  Mr. ,  jjroposes  Home  Department 10 

Visible,  definition  of,  in  Rules  of  the  Road 324,  335,  347 

Visiting-  Committee  to  Bureau  of  Standards 417,  418 

W 

Wag-es,  allotment  of 204 

arl)itration  of,  before  shipping  commissioner 207 

deductions  from 199 

disposition  of  forfeited 213 

exempt  from  attachment 206 

forfeiture  of,  for  failure  to  join. 197, 198 

proceed 223 

in  case  of  discharge  from  unseaworthy  vessel 223 

wreck 223 

of  seaman 201 

deceased 209 

payable  in  gold 202 

payment  of 196 

in  foreign,  Atlantic,  and  Pacific  trade 199 

rules  with  respect  to  settlement  of 201 

when  vessel  sold  abroad '. 200 

War  Department  established 7,  422 

scientific  and  statistical  work  of,  may  be  transferred 31 

documents  of  vessel 258 

materials 221 

Secretary  of,  may  estal^lish  signal  stations  at  !'lght-houses 74 

to  remove  persons  found  unlawfully  on  Pribilof  Islands 44 

vessel  exempt  from  entry 272 

Warm  room  and  woolen  clothing  for  seaman 227 

Warner,  Mr. ,  bill  introduced  by 14 

Warning-,  -  nblication  of,  in  newspaj^ers  against  killing  fur-liearing  animals 

in  Bering  Sea 44 


708  ALPHABETICAL    INDEX 

Page 

Washing'ton,  establishment  of  subports  in , 369 

■Washington,  George 7,  8 

first  Cabinet 8 

Monnt  Vernon  Convention 7 

recommends  promotion  of  commerce 9 

"Watchman  on  steam  vessel 138, 139 

"Watch  officer.     Sef  Officer. 

"Water-closet  on  immigrant  vessel 290 

for  crew 224 

tight  bulkhead 141 

"Watson,  Mr. ,  bill  introduced  by 19 

"Weather,  stress  of,  landing  Chinese  in 405 

"Weaver,  Mr. ,  bill  introduced  by 17 

"Webster,  Daniel,  recommends  additional  department 10 

"Weig'hts  and  measures  to  determine  quantity  of  food  and  water  furnished 

seaman,  penalty  for  failure  to  keep 226 

"West  Indies,  engagement  of  seaman  in  trade  with 196 

"Whaling-  vessel  to  be  registered 160 

"Wharfage  in  Alaska 316 

"Wheeling,  "W.  "Va. ,  merchandise  destined  for 278 

"White  House,  temporary  headquarters  at 22 

"Willard  Building,  headquarters  of  Department  of  Commerce  and  Labor 22 

"Willis,  Mr. ,  bill  introduced  by 16 

"Windom,  Mr. ,  bill  introduced  by 14 

"Wire  tiller  and  bell  pulls  required  for  passenger  steamers 139 

"Witness,  Bureau  of  Corporations 49,  57,  58 

Courts  to  compel 52 

imuumity  of,  before  Commissioner  of  Corporations; 57 

in  foreign  country,  Bureau  of  Corporations 53 

Wong  Wing  v.  United  States 400 

"Wood,  Mr.,  bill  introduced  by -• 16 

"Woods,  Mr. ,  1  )ill  introduced  1  )y 21 

"Woodworth,  Mr. ,  1)ill  introduced  by 13 

"Wool,  unlading  of 274,  285 

"Woolen  clothing  for  seamen 227 

"Wooten,  Mr. ,  speech  on  Senate  bill  569 575,  586 

"Wrecks 312 

Light-house  Board  to  mark 75 

penalty  for  failure  to  report 312 

Yacht 252 

exempt  from  forecastle  law ' 167 

regulation  of,  at  regattas 358 

steam,  inspection  and  licensed  officers  of 124 

Young,  Mr. ,  bills  introduced  l)y 14,15 

Yukon  River  transportation  regulated  by  Secretarj'  of  Commerce  and  Labor.  309 


INDEXES 


TABLE    OF    SECTIONS   OF   THE    REVISED    STATUTES,    WITH   PAGE 
OF   THIS   VOLUME    ON  WHICH   THEY   MAY  BE   FOUND 


Paqe  of 
this  vol. 

....  159 

....  m 

....  Ill 

....  74 

....  Ill 

....  103 

....  Ill 

....  101 

....  106 

....  106 

....  106 

!...  108 

....  110 

....  110 

....  no 

....  Ill 

....  Ill 

72 
....  244 
....  232 
....  69 
....  360 
....  220 
....  220 
....  221 
....  359 
....  359 
....  112 
....  112 
....  359 
....  360 
....  360 
....  360 
....  319 
....  319 
. . . .  72 
....  236 
. . . .  43 
....  316 
. . . .  44 
....  44 
....  44 
....  45 
. . . .  45 
. . . .  45 
. . . .  45 
. . . .  46 
....  46 
46 


Page  of 
SecHoti.  this  vol. 

1970 46 

1971 46 

1973 46 

1974 46 

1975 47 

1976 47 

2158 410 

2159 411 

2160 411 

2161 411 

2162 411 

2163 411 

2164 412 

2174 189 

2497 249 

2502 J. 250 

2513 358 

2520 280 

2524 280 

2537 280 

2540 280 

2554 281 

2581 2.S0 

2588 280 

2589 : 281 

2590 280 

2621 369 

2622 370 

2623 370 

2624 370 

2625 370 

2626 370 

2627 371 

2628 371 

2629 372 

2630 372 

2631 372 

2632 372 

2633 372 

2634 372 

2635 372 

2636 373 

2637 373 

2638 373 

2639 373 

2640 374 

2641 374 

2642 374 

2643 r...  374 


Pacie  of 
Section.  tliisrol. 

2644 374 

2615 375 

2646 375 

2647.. 375 

2648 375 

2759 220 

2760 220 

2761 220 

2766 268 

2767 268 

2768 268 

2769 268 

2770 268 

2771 269 

2772 t...   269 

2773 270 

2774 269 

2775 270 

2776 270 

2777 270 

2778 271 

2779 271 

2780 271 

2781 272  ' 

2782 272 

2783 272 

2784 272 

2790 257 

2791 272 

2792 272 

2793 273 

2795 27? 

2796 273 

2797 : 273 

2798 273 

2806 274 

2807 .' 274 

2808 274 

2809 275 

2810 275 

2811 275 

2812 275 

2813 276 

2814 276 

2815 276 

2816 277 

2817 277 

2818 277 

2819 277 

709 


710 


INDEXES 

Tnhle  of  sections  of  tlw  Rei'ised  Statutes,  etc. — Continued 


Page  of 
Section.  this  vol. 

2820 277 

2821 277 

2822 278 

2823 278 

2825 278 

2826 281 

2827  281 

2828 282 

2829 278 

2830 282 

2832 279 

2833 279 

2834 277 

2830 279 

2867 282 

2868 283 

2872 283 

2873 283 

2874 284 

2878 284 

2879 284 

2880 285 

2881 285 

2883 285 

2887 286 

2891 286 

2892 287 

2893 287 

2894 287 

2895 287 

2896 287 

2967 281 

2969 285 

2998 288 

2999 311 

3035 271 

303G 271 

3059 259 

3067 260 

3068 260 

3069 260 

3070  ...\ 284 

3071 260 

3072 260 

3073 261 

3074 261 

3075 261 

3076 261 

3077 262 

3078 262 

3079 262 

3080 262 

3081 263 

3083 263 

3084 263 

3085 264 

308C 263 

3087 264 

3088 264 

3089 261 

3094 268 

3095 296 

3096 297 

3097 297 


Page  of 
Section.  this  vol. 

3098 297 

3099 298 

3109 298 

3110 297 

3111 298 

3112 299 

3113 299 

3114 299 

3115 300 

3116 300 

3117 300 

3118 300 

3119 301 

3120 301 

3121 301 

3122 301 

3123 301 

3124 302 

3125 302 

3125 302 

3127 302 

3128 302 

3129 303 

3648 70 

3685 69 

3977 375 

3987 376 

3988 376 

4015 * 376 

4079 ;...  218 

4080 219 

4081 219 

4131  159,188 

4132 160 

4135 159 

4136 160 

4137 175 

4138 175 

4139 175 

4141 172 

4142 171 

4143 171 

4144 172 

4146 175 

4147 171 

4148 163 

4149 163 

4150 163 

4151 164 

4152 170 

4153 164, 165, 166, 169 

4154 _.....  170 

4155 '.....  173 

4156 174 

4157 174 

4168 174 

4159 172 

4160 172 

4161 172 

4162 173 

4163 173 

4164 176 

4165 160 

4166 176 


Page  of 
Section.  tlmvol. 

4167 178 

-1168 178 

41G9 179 

4170 176 

4171 176 

4172 178 

4173 256 

4174 179 

4175........' •... 179 

4176 174 

4177 161 

4178 162 

4179 162 

4180 185 

4181 185 

4182 185 

4183 186 

4184 186 

4187 186 

4188 187 

41S'J 187 

419U 187 

4191 187 

4192...^. 177 

4193  ...*. 177 

4194 177 

4195 178 

4196 178 

4197 253 

4198 253 

4199 254 

4200 254 

4201 254 

4202 254 

4204 255 

4205 255 

4206 255 

4207 255 

4208 281 

4209 257 

4210 257 

4211 257 

4213 257 

4214 252 

4215 252 

4216 252 

4217 252 

4218 252 

4219 233,235 

4220 234 

4221 234 

4222 236 

4225 235 

4226 256 

4226 236 

4227 232 

4228 234 

4229 235 

4230 235 

4231 235 

4232 234 

4233  353,354,355,356,357 

4235 296 

4236 296 


INDEXES 

Table  of  sccfionK  of  the  Revised  Statides,  etc. — Continued 


711 


Page  of 
Sectimi.  this  vol. 

4237 296 

4238 313 

4239 313 

4240 313 

4241 313 

4245 "1 

4250 188 

4278 143 

4279 1-13 

4280 1-11 

4281 228 

4282 229 

4283 229 

4284 229 

4285 229 

4286 229 

4287 230 

4288 l-l-l 

4288 230 

4289 230 

4290 227 

4291 228 

4292 228 

4295 322 

4296 322 

4297 322 

4298 322 

4299 323 

4306 258 

4307 258 

4308 258 

4309 258 

4310 259 

4311 160 

4312 180 

4313 182 

4314 183 

4315 183 

4316 160 

4317 160 

4318 100 

4319 180 

4320 180 

4321 181 

4322 179 

4323 179 

4324 182 

4325 182 

4326 182 

4327 182 

4328 184 

4329 183 

4330 299 

4331 161 

4332 183 

4333 182 

4335 183 

4336 185 

4337 255 

4338 256 

4339 160 

4340 184 

4341 184 

4342 184 


Page  of 

.Section.                                this  vol. 

4343 184 

4344 253 

4345 184 

4316 184 

4347 309 

4348 303 

4349 303 

4350 304 

4351 304 

4352 305 

4353 305 

4354 306 

4355 306 

4356 306 

4357 308 

4358 236 

4359 307 

4360 308 

4361 308 

4364 256 

4365 256 

4366 308 

4367 309 

4368 309 

4369 309 

4370 310 

4371 310 

4372 310 

4373. 187 

4374 187 

4375 , 188 

4376 '. 188 

4377 311 

4378 311 

4379 311 

4380 311 

4381 240 

4382 ! 241 

4384 180 

4385 161 

4391 197 

4392 198 

4393 198 

4394 198 

4395 151 

4396 151 

4397 151 

4398 152 

4399 115 

4400 115 

4401 116 

4402 117 

4403 117 

4404 117 

4405 117 

4406 118 

4407 118 

4408 118 

4409 118 

4410 118 

4411 119 

4412 119,357 

4413 „.  119,357 

4414 119 


Page  of 

l^ection.                                tliis  vol. 

4415 121 

4416 121 

4417 , 122 

4418 122 

4410 123 

4421 123 

4422 123 

4423 123 

4424 124 

4425 124 

4426 124 

4427 124 

4428 125 

4429 125 

4430 126 

4431 126 

4432 126 

4433 127 

4434 127 

4435 127 

4436 128 

4437 128 

4438 128 

4439 129 

4440 129 

4441 129 

4442 130 

4443 130 

4444  130, 296 

4445 130 

4446 131 

4447 131 

4448 131 

4449 ;.. 131 

4450 132 

4451 132 

4452 132 

4463 133 

4454 133 

4455 133 

4456 133 

4457 134 

4459 134 

4460 134 

4461  134 

4462 135 

4463 135 

4464 135 

4465 135 

4466 135 

4467 135 

4468 135 

4469 135 

4470 135 

4471 136 

4472 136 

4473 137 

4474 137 

4475 138 

4476 138 

4477 138 

4478 139 

4479 139 

4480 139 


712 


INDEXES 

Table  of  sections  of  the  Revised  Statutes,  etc. — Continued 


Page  of 
Section.  this  vol. 

4481 139 

4482 139 

4483 139 

4484 1-40 

4485 1-^0 

4486 1^0 

4487 IW,  35" 

4488 140 

4489 141 

4490 Ill 

4491 l-l'-i 

4492 142 

4493 142 

4494 142 

4495  142, 162 

4490 142 

4497 143 

4498 143 

4499 143 

4500 143 

4501 15' 

4502 l'^" 

4503 159 

4504 159,190 

4505 158 

4506 158 

4607 158 

4508 158 

4509 190 

4510 190 

4511 190 

4512 191 

4513 192 

4514 192 

4515 193 

4516 193 

4517 193 

4518 193 

4519 192 

4520 196 

4521 197 

4522 197 

4523 159 

4524 202 

4525 •. 202 

4526 202 

4527 202 

4528 202 

4529 202 

4530 203 

4535 201 

4536... 206 

4537 206 

4538 209 

4539 209 

4540 210 

4541 210 

4542 210 

4543 211 

4544 211 

4545 211 

4546 203 

4547 203 

4648 204 


Page  of 
Section.  this  vol. 

4549 199 

4550 199 

4.5.51 199 

4552 201 

4553 201 

4554 207 

4555 207 

4556 222 

4557 222 

4558 223 

4559 223 

4560 223 

4561 223 

4562 224 

4563 224 

4564 224 

4565 224 

4566 225 

4567 225 

4568 225 

4569 2-'6 

4570 227 

4571 226 

4572 227 

4573 193 

4574 194 

4575 194 

4576 194 

4577 208 

4578 208 

4579 , 208 

4580 199 

4581 200 

4582 200 

4.583 200 

4588 189 

4591 189 

4594 158 

4.595 159 

4596 212 

4597 213 

4600 206 

4602 214 

4603 204 

4604 203 

4605 204 

4606 259 

4607 207 

4608 214 

4610 215 

4611 214 

4612 18S, 215, 217. 218 

4653 '.  - .  60 

4654 66 

4655 66 

4666 66 

4657 66 

4658 66 

4659 67 

4660 71 

4661 72 

4662 72 

4663  72,102 

4664 68 


Page  of 
Section.  this  vol. 

4665 67 

4666 70 

4667 70 

4668 75 

4609 67 

4670 67 

4671 68 

4672 .■ 68 

4673 71 

4674 74 

4675 73 

4676 75 

4677 74 

4678 75 

4679 68 

4680 71 

4681 99 

4682 99 

4683 99 

4684 99 

4685 100 

4686 100 

4687 100 

4688 100 

4689 100 

4090 100 

4691 .' 101 

4793 317 

4794 318 

4795  . : 318 

4796 318 

4797 318 

5280 206 

5283 319 

5289 319 

5290 320 

.5291 320 

5292 314 

.5293 314 

5294 315 

5295 315 

5339 240 

5343 241 

5344  144,244 

5347  144,244 

5353 144 

5354 144 

5355 145 

5358 75 

6359 245 

5360 245 

5363 245 

,5383 323 

5384 323 

5390 245 

5423 246 

5482 126 

5571 320 

5572 321 

5573 321 

5574 321 

5575 321 

5576 321 

5577 321 

5578 322 


TABLE  OF  ACTS  STJBSEQTTENT  TO  REVISED  STATUTES 


Date. 


Mar.  24, 1874  . 
Apr.  17, 1874.. 
Apr.  18, 1874.. 
May  7, 1874  . . 
June  9, 1874  . . 
June  20, 1874 . 

Do 

June  22, 1874 . 


June  23, 1874 . 

Do 

Jan.  22,1875.. 
Mar.  3, 1875  . . 

Do 


Do 

July  12, 1876  . 
Aug.  14, 1876  . 
Mar.  3, 1877  . . 
June  20, 1878 . 
Jan.  27, 1879 . . 

Do 

Mar.  3, 1879  . . 
June  28, 1879 . 
June  30, 1879 . 
May  31, 1880  . 
June  16,1880. 
Feb.  8, 1881... 
Mar.  2, 1881  .. 
May  6, 1882... 


Aug.  2, 1882 


Aug.  5, 1S,S2 


Section. 


Page  of  this 
volume. 


1,2 

1,2 

6 

7-9 

10-15 

1 

2 

3 

4,5 

6,7 

8,9 

10,11 

12,13 

1 

2,3 


44 
184 
161 
294 
195 
312 

69 
264 
265 
266 
267 
268 
67, 69, 73 
411 
267 

73 
410 
412 
110 
304-307 

75 

77 

73 
112 
''  63 
69,73 
102 
161 
152 

75 
263 
162 
406 
407 
408 
409 
288 
289 
290 
291 
292 
293 
294 
295 
167, 169 
17a 


Aug.  7, 1882  .. 

Do 

Do 

Do 

Jan.  16,1883-. 
Mar.  3, 1883  . . 

Do 

June  26, 1884. 

Do 


Julv  5,  1884 . 


Do. 


July  7, 1884... 

Do 

Feb.  26, 1885. . 
Mar.  3, 1885  . . 

Do 

June  19, 1886. 


Page  of  this 
volume. 


4 
6 
9 

10 
11 
12 
13 
14,15 
14 
18 
19 
20 
21 
25 
26 
27 
29 
1-5 
6 


75 
153 
125 
115 

158 

252 

152 

71 

188 

199 

223 

206 

208 

191, 216 

226 

360 

257 

233' 

235 

230 

192 

193 

162 

283 

315 

157, 158 

270 

156 

1.57 

406 

407 

408 

409 

410 

70 

113 

395 

328 

152 

145, 158, 159, 

177, 178, 180, 

189, 192, 194, 

195, 239, 255, 

132,134,146 

233 

195 

713 


714  INDEXES 

Table  of  acts  subsequent  to  Revised  Statutes — Continued 


June  19,1886. 


July  9,  1886 . 

July  26, 1886. 
Aug.  4, 1886  . 
Feb.  4, 1887.. 


Feb.  23,  1887 . 
Mar.  3,  1887.. 

Do 

Jan.  20.  1SS8  . 
Apr.  4,  l.sss  .. 


May  16,  1888 . 
June  13, 1888. 

Do 

Do 

June  18, 1888. 
Aug.  1,  1888.. 
Sept.  13,  1888 


Oct.  18, 1888  . . 
Mar.  2, 1889  .. 

Do 

Do 

May  24, 1890  . 
June  10,1890. 


June  2.i,  1890 . 
Aug.  19, 1890  . 

Aug.  28, 1,S90  . 
Aug.  30, 1890  . 
Sept.  4, 1890  . . 

Do 

Dee.  22, 1890.. 
Feb.  10, 1891.. 


4 

5 
6 
7 
8 
9 
11,12 
13 
14 
16 
17 
IS 

1,'-' 
3 


6 

10 

12 

13 

14,16 

17-20 


1.3 
1-6 

7,8 
9 


f),6 


8-11 
13, 14 


Page  of  this 
volume. 


230 

169 

161 

310 

309 

315 

233 

226 

122 

355 

246 

208 

125 

141 

67,77 

101 

50 

51 

51 

52 

53 

54 

56 

395 

247 

152 

151 

132, 

134,145,233 

316 

61 

62 

63 

112 

74 

403 

404 

405 

406 

138 

140 

72 

51,52,54,56 

313 

239 

264 

146 

324, 327-330, 

332, 333, 357 

369 

100 

324 

246 

124 

416 


Feb.  21, 1891. 

Mar.  3, 1891  . 
Apr.  11,1892. 
Apr.  12, 1892. 
May  5, 1892  . 


May  10,1892 


July  16,1892 
July  26, 1892 

Aug.  5, 1892  . 
Feb.  6, 1893. . 
Feb.  11, 1893. 
Feb.  13, 1893. 


Feb.  15,1893. 

Do 

Feb.  21, 1893. 
Ma,T.  3, 1893  . 

Do 

Do 

Do 

Do 

Nov.  3, 1893  . 

Dec.  7, 1893.. 
Jan.  22, 1S94 . 
Mar.  17, 1894 
Apr.  4, 1894.. 
Apr.  6, 1894.. 


May  5, 1894  . 
May  28, 1894 


June  o,  1894 . 
July  31, 1894. 
Aug.  13, 1894 
Aug.  18, 1894 
Aug.  27, 1894 


Dec.  8, 1894.. 
Dec.  15, 1894. 
Jan.  12, 1895 . 


1,7 


6 
7 
8 
1 
2,4 
1 


1 
2-5 
6,7 


1 

2,4 

5-10 

11,12 


Page  of  this 
volume. 


73, 76, 89 
89 


162 
163 
394 
141 
153 
400 
401 
402 
403 
250 
261 
274 
285 
109 
248 
249 
152 
317 
57 
230 
231 

309 

395 

39 

354 

395 

313 

109 

151 

401 

402 

403 

126 

396 

403 

39 

41 

42 

43 

70 

327, 

328, 333, 334 

282 

373 

828 

395 

358 

250 

396 

315 

112 

101 


INDEXES 


715 


Table  of  acts  subsequent  to  Rei'ised  Statutes — Continued 


Date. 


Jan.  12, 1895. 
Jan.  16, 1895. 


Feb.  8, 1895.. 

Feb.  18, 1895. 

Feb. 19, 1895. 
Feb.  28, 1895. 
Mar.  1,1895  . 


Mar.  2, 1895 

Do 

Do 

Do 


Dec.  18, 1S95 . 
Feb. 5, 1896.. 
Mar.  2, 1896  . 
Mar.  C,  18C6  . 
Mar.  16, 1896 
Apr.  20, 1896 . 
May  9,1896.. 
May  19,1896. 
May  22, 1896. 
May  28, 1896. 


June  10, 1896  . 
Do 

June  11, 1896. 
Jan.  IS,  1897.. 
Jan.  20, 1897.. 


Feb.  5, 1897. 

Feb.  15, 1897 

Mar.  3, 1897 

Do 


1 
2-4 


1-3 


1,2 
1,3 


Page  of  this 
volume. 


152 

64 

174 

175 

252 

252 

180 

181 

346 

3.52,355,357 

192, 

195, 196, 206 

344 

127 

115,117,119 

120 

119 

373 

394 

165 

166-168 

170 

113 

335 

315 

358 

368 

■    101 

285 

3.58 

368 

129 

146) 159 

188 

331 

369 

316 

124 

162 

163 

233, 252 

117,121 

158 

144 

147, 167 

193, 194 

210 

355 

211 

196 

160 

312 

355 

356 

357 


Date. 


Mar.  3, 1897 


June  7, 1897 


July  24, 1897 


Do 

Dee.  29, 1897. 


Feb.  17, 1898. 


Mar.  9, 1898  . . 
Apr.  21, 1898.. 
Apr.  22, 1898.. 
June  1, 1898  . . 
June  17, 1898 . 
July  1, 1898  . . 
July  7, 1S98  . . 
Dee.  21, 1898.. 


Do 

Mar.  3, 1899 
Do 


Section. 


Page  of  this 
volume. 


1-8 
9,10 
1-3 

4 


3,4 

5,6 

7,8 

9-11 

11 

12 

13, 14 

15 

16-18 

19 

20 

21 

22 

23 

24 

25 

4 

1 

2,3 

3 


1,5 

6,7 

9,10 

11 

12 


148 

277 

278 

273 

244 

191 

335 

337, 342 

335 

335, 338 

353 

359 

250 

249 

250 

231,286 

38 

39 

309 

298 

113 

120 

221 

63 

102  .,153 

64 

410 

193 

197 

202 

203 

222 

223 

221 

224 

225 

227 

200 

212 

213 

206 

214, 245 

217 

204, 216 

191,196 

122 

128 

54, 56, 129 

44 

316 

86 

87 

88 

89 

90 


716 


INDEXES 


Table  of  acts  subsequent  to  Revised  Statutes — Continued 


Date. 


Mar.  3, 1899 


Do. 


Do. 
Do. 


Apr.  11, 1899. 
Feb.  4,1900.. 
Feb.  19, 1900. 

Mar.  23, 1900. 
Mar.  31, 1900. 
Apr.  12, 1900. 

Apr.  30, 1900. 


May  31, 1900 
June  2,1900. 
June  6,1900. 

Do 

Do 

Do 

Fc.a"  1901. 
Feb.  2;;,  1901. 
Mar.  3, 1901  . 


Do 

Do 

Do 

Do 

Do 

Feb.  15, 1902. 
Mar.  6, 1902.. 


Section. 


13-16 

18-21 

22-24, 

26,27 

28-32 

33 

173 

174 

175 

176-178 

179, 180 

181-183 


14,16 
17 


Page  of  this 
volume. 


1,2 
1,2 


1-4 
5-10 
1-3 


91 
92 
93 

93 

94 

95 

43 

316 

316 

44 

47 

48 

232 


237 
228 
328 
338 
131 
259 
369 
237 
148 

63 
151 
233, 237 
410 
282 
120 

47 

394, 410 

317 

64 
137 
125 
416 
417 
4(13 

64 
153 
369 
100 
116 

82 

83 


Date. 


Mar.  6, 1902 


Mar.  8, 1902  .. 
Mar.  IS,  1902  . 
Apr.  29, 1902. . 

Do 

June  13, 1902 . 
June  24, 1902. 


June  28, 1902 . 

Do 

June  30, 1902 . 
July  1, 1902  . . 

Do 

Do 

Do 

Jan.  12, 1903.. 
Jan.  21, 1903.. 
Feb.  9, 1903... 
Feb.  11, 1903.. 
Feb.  14, 1903.. 


Feb.  19,1903. 
Feb.  25, 1903. 
Mar.  3, 1903  . 


Do. 
Do. 
Do. 


Section. 


8-10 

11,12 

3 


1-4 
'4 
1 
2 


84 


1-3 

4 

5-6 

6 

7 

8,9 

10,11 

12,13 

1-3 


1 
2-4 
5-8 
9-12 
13,14 
15-17 ' 
18,19 
20-22 
23-25 
26-30 
31-33,3.5-37 
38, 39 
7,33 


Page  of  this 
volume. 


14  DAY  USE 

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This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 

Renewed  books  are  subject  to  immediate  recall. 


APR  1  5  1962 


MAY    1 3  1962 


FEB  1  "^  1967 


LD  21-50m-6,'59 
(A2845sl0)<l76 


General  Library 

University  of  California 

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'D  3i>UI,L 


